Linking school fee to exams off limits

A legal expert has warned that schools that threaten to withhold reports or refuse access to exams for students because parents have not paid school donations could end up being sued.

This follows the latest incident in a pattern of schools barring students from balls, withholding items such as school magazines and leavers’ jerseys if voluntary payments are not made.

A parent of a year 11 student at Botany Downs Secondary College in east Auckland said her daughter was told she would not be given her NCEA admission slips unless her school subject fees were paid.

Principal Karen Brinsden said it was a miscommunication and there was no intention to block the student from exams. But the incident led to the New Zealand Qualifications Authority (NZQA) warning the school to improve its communication to students.

Andrew Hooker, managing director of Shine Lawyers, said schools could not force parents to pay the school donations or threaten to treat their children differently. He said not allowing a student to access things such as exam slips or report cards would be illegal.

He said parents were often loath to fall out with a school and might not want to say something but any school trying to pressure parents over fees was ’’an abuse of power’’. Hooker said even letting a child believe their exam entrance was at risk could put a school in legal jeopardy.

He said if a student did not turn up to an exam because they thought they were not allowed their admission slip, it could be grounds for legal action.

‘‘If the student failed because of this, the school would be liable; at the end of the day no school has the right to withhold something like an exam admission slip on any grounds.’’

A Botany Downs Secondary College mother said that when her daughter went to get her admission slips, she was told she would not be given them unless her family paid her outstanding subject fees.

‘‘She came home distraught because she was told she wouldn’t be able to sit her exams,’’ said the mum, who did not want to be named.

NZQA spokesperson Kristine Kilkelly said the authority had spoken to the school and the school regretted any confusion its administrative processes had caused.