The way we live, the way we work, and the technology we use is rapidly changing. This means that the rules that govern the way we operate must be flexible enough to allow for change, and they must be regularly updated. School policies are no different.
Policies are the agreement between the school and the community about how things will be managed. Failure to properly follow policy exposes the school to risk of a complaint, and makes it more difficult to justify decisions and actions taken. Given the rapid changes we are experiencing, what might have been appropriate ten, or even five years ago, may no longer capture the types of situations we are seeing today. Policies need to be legally compliant, accessible, current, and relevant. They require regular review.
Let’s consider a social media policy for example. It wasn’t very long ago that we didn’t even know what TikTok was. We are now seeing an increasing number of cases involving TikTok, which like any industry, can create problems for staff, students, and Board members. Does your policy provide clear guidelines for managing potential issues? Policies which are lengthy or overly prescriptive are harder to understand and implement. A policy that attempts to outline every potential issue is likely to leave something out, and make it harder to deal with new issues. If your social media policy prohibits people accessing (on school grounds or equipment) only certain specific social media platforms then it may leave out newer platforms like TikTok.
There are still schools who are catching up with the recently introduced Education (Physical Restraint) Rules 2023 (the Rules) and associated guidance (the Guidance). The Rules required Boards to have in place, by 7 May 2023, a policy on reducing student distress and the use of physical restraint in accordance with the Guidance. The Guidance set out a practical approach to recognising and understanding distress and minimising the use of physical restraint. If your policies have not been updated and you do not act in accordance with the Rules, then no matter how fairly or reasonably you may have tried to act you are at more risk of a complaint and your actions will be difficult to defend.
While you cannot completely eliminate the risk of complaint from a disgruntled staff member or unhappy parent, ensuring that your policies are up-to-date and consistent with the resources available, including Ministry of Education guidelines and NZSTA advice, will ensure that you can better respond to a complaint and address the issues in a more timely manner. Given that complainants will frequently escalate their complaint to external agencies such as the Ministry, the Teaching Council, or even worse, the media, having followed a policy which is fair and reasonable and legally compliant will put you in the best position to defend the school’s actions.
From an employment perspective, when dealing with any staffing matters or complaints, it is essential to follow the relevant policies. Referring to the employee’s terms of employment and the school’s complaints policy might sound like a basic first step, but you would be surprised how often that step is omitted in the immediate reaction to receiving a complaint.
At PASL, where we advise principals on matters affecting their own employment and their relationship with the Board as their employer, we frequently find ourselves reminding Boards that the policies apply to the principal too. The principal is entitled to be properly supported by the Board as their employer, to be treated in good faith, and to have any potential concerns or complaints resolved at the lowest level and in a manner which protects the principal’s dignity and mana.
Policies ensure everyone knows what the rules are. They are important for deterring problematic behaviour, and an essential point of reference when things go wrong. It is important that you know what they are, and that you ensure they are up-to-date and understood by your school and community.