By REBECCA WALSH education reporter
A legal battle has broken out over the future of a 13-year-old boy, who was suspended from a top Auckland school after he tried to assault a teacher.
The Avondale College third former was suspended on April 7, the last day of the first term, after he swore at and tried to hit his teacher.
The school board was legally required to hold a hearing into his case within 10 days but did not do so until May 1.
A week later the boy's family received a letter saying he had been excluded from the school.
Last Friday the family were ready to take the matter to the High Court but both sides are now expected to talk again today.
The boy's grandmother Mary Watts said the family was concerned the school had not followed procedure. She believed her grandson, who did not want to be named, had been excluded from the school unjustifiably. He wanted to return to the school and put the matter behind him.
Mrs Watts said her grandson had reacted to "demoralising" comments made by his teacher about the boy's brother.
Avondale College acting principal Warren Peat said the boy's behaviour was considered gross misconduct and he had been suspended on the last day of term. The school had explained the issues with the boy's mother and visited his home to get his version of events.
Mr Peat said it had been difficult to arrange a board meeting during the holidays and it was agreed verbally and in writing with the boy's mother to hold the hearing on May 1.
The boy had not been disadvantaged educationally as the hearing took place within seven school days of his suspension.
"The family has been given every opportunity. The school is being punished in law for something it was really only trying to do everyone a favour with."
Mr Peat said he did not know if it was in the boy's best interests to come back to the school. As acting principal he had to take into account the concerns and safety of staff and other students.
The family's lawyer, Patrick Walsh, said while the boy had admitted swearing and trying to hit his teacher, the school had not dealt with the matter in a procedurally fair way.
"I think the case sends out a warning signal to other schools ...that they must comply with the act, that they must adhere to the principles of natural justice and they must procedurally get things right, otherwise they could land up in court."
Battle erupts over boy's dismissal
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