When Victorian Education Department officials turned students away from Devenish Primary School on Monday, January 30 it may have been in contradiction of the department’s own policy.
Jenny Binion contacted the Ensign when her daughter Lilly, who is enrolled for 2023 at Devenish Primary School, was refused entry on Monday, January 30.
She has since been busy trawling through the Victorian Government’s own policies and guidelines and has come across information stating that her daughter has a right to attend.
She pointed the Ensign in the direction of www2.education.vic.gov.au/pal/enrolment/policy which states:
Under the Education and Training Reform Act 2006 (Vic):
- Schooling is compulsory for students aged between six and 17 years unless an exemption from attendance has been granted. This applies to all schools including mainstream, specialist, and government English language schools or centres.
- Every Victorian student has a legislated right to enrol at their designated neighbourhood school (section 2.2.13) and may be enrolled at another school subject to sufficient accommodation (section 2.2.14).
Section 2.2.14 of the Education and Training Reform Act 2006 (Vic) regarding ‘refusal of admission generally’ states:
A person may be refused admission to a Government school —
(a) if the person is not entitled to be enrolled at that school under section 2.2.13; or
(b) in accordance with any other provision of this Act or any other Act.
Section 2.2.13, which this refers to states:
Admission to designated neighbourhood Government school —
(1) A child of compulsory school age is entitled to be enrolled at his or her designated neighbourhood Government school.
(2) Subsection (1) does not apply to —
(a) a special school or other school providing solely for students with disabilities;
(b) a school that provides education solely through distance education programs;
(c) a school for which the minister has approved special criteria for entry to the school under section 2.2.16.
The Victorian Government’s website: www2.education.vic.gov.au/pal/enrolment/guidance/designated-neighbourhood-schools-and-school-zones states that:
All government primary and secondary schools have a school zone. A school zone defines an area’s designated neighbourhood government school. Every Victorian student has a legislated right to enrol at their designated neighbourhood government school (local school).
For students residing in metropolitan Melbourne, Ballarat, Bendigo or Geelong, their local school is usually the nearest government school in a straight line from the student’s permanent address. In all other areas of Victoria, it is the nearest school by the shortest practical route, recognising the additional travel distances often experienced in regional settings.
A link on that page leads to www.findmyschool.vic.gov.au/ and when a Devenish address is entered and the year 2023 is selected it states that Devenish Primary School is the local government school.
What this information implies is that the argument that only one child is enrolled becomes moot, and that Lilly has a right to attend her local school.
Ms Binion said that she got a call from the education department on Wednesday, February 1.
“I asked if a decision had been made regarding the closure of the school, and they said no,” Ms Binion said.
“They are still trying to get me to un-enrol her and move her somewhere else, which I’m refusing to do.
“According to what I read they have to supply a teacher and a place for Lilly.”
She said the government policy also stated that the school has to accept an enrolment from within the school zone.
“Yet they’re refusing to accept the other four girls’ enrolment,” Ms Binion said.
"According to what I read they’re not allowed to do that.”
She said Lilly had attended the school every day this week and was yet to be let in.
“If something isn’t done soon I will be seeking legal advice,” she said.
Devenish School Council member Chris Gregory said he attempted to enrol his daughter Tassie.
“I put an application in to enrol her in September, but for some reason it wasn’t processed,” Mr Gregory said.
“She is currently enrolled at another school, but I want my little girl in her local school.”
The Ensign approached the Victorian Education Department with specific questions which were not answered.
It did, however, provide this background information:
- No decision has been made by the department to close the school;
- The school council passed a motion to close the school in November 2022, as there were no confirmed enrolments for 2023;
- The school accepted an enrolment after this time;
- The department is working with the student and their family to establish the best option for the student;
- Other students who recently attended the school site are currently enrolled at other schools; and
- There are no teachers currently assigned to Devenish Primary School.