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Q&A
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Why has the Government increased the minimum school leaving age?
The minimum school leaving age is being raised to ensure that school leavers have the opportunity to maximise their preparation for further education, or training, or employment.
There is compelling Australian and international research which demonstrates that people with higher levels of schooling are more likely to make a successful transition to further education, training, or work. The research also demonstrates that early school leavers are two and a half times more likely to be unemployed, earn lower wages and have poorer quality of life outcomes; and that those who do not leave school early generally enjoy enhanced life choices and better economic and social outcomes.
The ongoing negative effects from leaving school early affect not only the individual, but also the economy and society as a whole.
Is the school leaving age changing in other states?
All states and territories in Australia are making similar changes to make sure that young people stay at school longer and gain skills to help them in their future lives.
Is the school leaving age changing?
Yes, a law was passed by the New South Wales Parliament in May 2009 to increase the school leaving age from 15 years of age in 2009 to 17 years of age. This law will operate from 1 January 2010.
To whom does the new legislation apply?
To all 15 year old children who have completed Year 10 of secondary education in 2009; or
- who were enrolled in a government or non-government school at the end of the 2009 school year, or
- who were registered for home schooling at the end of 2009.
When does the new minimum school leaving age commence?
The new minimum school leaving age takes effect on 1st January 2010.
What does the legislation require?
Students are required to complete Year 10 and then participate in education, training or full-time employment until 17 years.
What will students need to do to satisfy 'completion of Year 10'?
This will be specified in an amendment to the Education Regulation 2007. The Cross-portfolio Steering Committee is currently considering this requirement in order to make recommendations on a change to the Education Regulation. The intention is that there will be attendance and course expectations of students and that existing Board of Studies procedures will be utilised. Once finalised, further detail will be provided on this question.
What choices does a young person have to meet the requirements of the new law?
Students stay at school until the completion of Year 10 of secondary education.
In the participation phase until the young person reaches the age of 17, there are a number of options. They could be:
- enrolled in a secondary school or continue being registered for home schooling,
- doing a training course at TAFE NSW,
- undertaking an apprenticeship or traineeship,
- enrolled in a training course with a private training organisation, or
- in some combination of the above.
What if the young person has a job?
Full-time paid employment (for 25 hours or more per week) is recognised as a legitimate alternative after the completion of Year 10 provided the child is 15 years old.
What if they have a part-time job?
Part-time employment is not recognised as an alternative to school but it could be included as part of a mix of employment and education or training provided the child is 15 years old.
Are there exemptions in relation to full-time employment for students with disabilities?
Eligible students with a disability may have a part exemption from the 25 hour requirement in relation to employment. They adhere to guidelines set by the Commonwealth.
- Guidelines set by Department of Education, Employment and Workplace Relations for the Disability Employment Network (DEN) (open employment) state that an employee is someone who works more than 8 hours per week
- FAHCSIA guidelines set 8 hours per week for a school leaver to have an employment outcome.
Will a student who is 15 years of age, and had already left school before the end of the 2009 school year have to return?
Students 15 years and over, who had already legally left school prior to the completion of Year 10 and prior to the end of 2009, do not have to return.
Will current (2009) Year 10 students be affected by the changes?
Yes, students who complete Year 10 in 2009 and are under 17 must choose a participation pathway, which may include school, further education or training or full-time, paid employment.
What are the alternatives for current students who were planning on leaving school at the end of 2009?
Students who had elected to leave school at the end of 2009 must choose a participation pathway, which may include further education or training or full-time, paid employment.
What if parents don’t have control over their child or the child doesn't live with them?
The legislation will apply to all young people below the age of 17, regardless of whether they live with parents. However a parent has a defence to a prosecution for their child’s non-compliance with these changes where:
- the child is over 16 and no longer lives with the parent; or
- the absence from school was due to the child’s disobedience
provided the child’s absence from school was not due to any default of the parent.
If a young person who does not have a Year 12 or a Certificate II qualification, has left school and is looking for work will they still be eligible for Youth Allowance?
No, the Commonwealth has provided that from 1 July 2009, young people without Year 12 or a Certificate II qualification will have to be in education or training for at least 25 hours a week to be eligible for Youth Allowance.
Young people who are working or studying part time will need to complete 25 hours per week in a combination of paid employment, training or approved activities to be eligible for Youth Allowance. Find out about eligibility from the Department of Education, Employment, Training and Workplace Relations Youth Allowance website.
Will there be funding directed to schools and TAFE NSW to support implementation?
The State Budget of June 2009 provided a four year funding model to support the implementation of the legislation. The budget was allocated taking into account increased capital and staffing demands.
Will there be additional/different curriculum options available to schools to support students?
A non-ATAR (UAI) Content Endorsed English course is being developed by the Board of Studies and will be trialed in 50 schools in 2010. A non-ATAR (UAI) Content Endorsed Mathematics course is already available as an option for schools. Schools and learning communities are also encouraged to explore curriculum options relevant to the local context, including vocational education and training and other curriculum areas. |
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