Community VCAL

School and NSSP obligations and responsibilities

The following information is based on the obligations and responsibilities outlined in the Standard Community Victorian Certificate of Applied Learning (Community VCAL) Contract.

Admission, enrolment and consent

In partnership with the home school, the Non-School Senior Secondary Providers (NSSP) must have its own processes in place for school applications and acceptance of students into its Community VCAL program. The NSSP is responsible for collecting all required information in relation to students attending its program.

Enrolment

School staff must:

• ensure that enrolment in a Community VCAL program at a NSSP is in the best interests of the student
• ensure that all students attending the NSSP are enrolled at their home school on CASES21
• if the student is transferring from another government school into the home school, prior to attendance at the NSSP, the home school should ensure all relevant student data has been received from the previous school, including all CASES21 data
• enter enrolment details on the CASES21 database in accordance with the usual processes for enrolling new students
• ensure that enrolment details are entered on the Victorian Assessment Software System (VASS) database
• ensure that appropriate information and documentation about the school is provided to the student/responsible adult and, the relevant contact point at the school regarding the NSSP program
• maintain up-to-date records through the CASES21 database and ordinary school processes for the time the student is enrolled at the home school
• ensure that all students in statutory out-of-home care (OOHC), Koorie students, students receiving funding through the Program for Students with Disabilities (PSD), youth justice and students with a re-engagement program contract, have an Individual Education Plan (IEP).

Informed consent

School staff must:

• ensure that parents or carers have provided written informed consent (using documentation developed by the NSSP provider and the school) for the student being enrolled at the school and solely attending the NSSP, as well as consent to share information
• ensure that the school retains copies of written informed consent for students to be solely attending the NSSP whilst enrolled at the school
• ensure that the NSSP is complying with department policies in relation to consent forms by requiring the NSSP to provide copies of signed consent for all relevant activities and that consent includes ability to disclose relevant information to the NSSP
• follow up the NSSP if the consent forms are invalid or inadequate so that the NSSP can make necessary amendments and seek fully informed consent.

IEPs are also recommended for students with additional needs, students not achieving to their potential and students at risk of disengagement. Refer to the department’s policy on Individual Education Plans.

Career Education Funding

In 2019, Career Education Funding (CEF) replaced Managed Individual Pathways (MIPs) Funding

All students in Years 9 to 12 must have access to the department’s suite of Career Education initiatives. The home school and the NSSP must document in the responsibility matrix (Appendix A – Non-VET matrix) in the Community VCAL Contract (DOCX) (staff login required) who holds the responsibility for delivering the following accountabilities to students:

• an Individual Annual Career Action Plan which is linked to any personalised learning and support plans (such as IEPs)
• a copy of their Career Action Plan is provided to parents and carers with their child’s report
• careers counselling prior to choosing their senior secondary subject selection and further education and training courses
• access to targeted support services appropriate to their needs including; student welfare coordinators, students support services and community-based agencies or programs including mentoring and Structured Workplace Learning.

School staff must:

• ensure the school pays an agreed percentage of CEF funding to the NSSP for each of the ‘home school’ students enrolled with the NSSP, within the Term of the contract. The agreed percentage should be reflective of the shared responsibility for delivering the Career Education reforms.
• ensure that the NSSP provides the required documentation under the CEF policy to the school
• at the time of exit from the home school, record the students initial exit destination on CASES21
• follow up with all students who leave school early (without completing Year 12) within 6 months of them leaving school. If they are not in education, training or employment schools are required to refer them to an appropriate agency.
• comply with the CEF accountability and reporting requirements outlined career education funding — accountability and reporting requirements and ensure the NSSP compliance with these requirements.

Exits/transitions/transfers

The NSSP does not have the authority to approve the exit (including suspension or expulsion, refer to the below section: Student discipline and management of challenging student behaviours) of a student from their ‘home school’, nor does the NSSP have the authority to approve the transfer of a student from the NSSP setting to a different NSSP, or other post school destination.

The home school is responsible for managing discussions with the student and their family regarding exemption from school attendance and enrolment, or transitions to an alternative Victorian government or non-government school.

School staff must:

• for newly enrolled students at the home school, ensure staff have received transfer information from the student’s last school
• maintain and transfer up-to-date records through the CASES21 database and undertake ordinary school processes in relation to the student’s exit from the school, in the same way that this information would be recorded for all students exiting the school
• if the student wishes to leave school prior to completing Year 12, comply with the department’s Exemption from School Attendance and Enrolment Policy and Ministerial Order 715
• ensure that the school complies with 'Withdrawal from Study' requirements in the VCE and VCAL Administrative Handbook 2020.

Attendance

The NSSP is required to provide the school with attendance records each week, showing twice daily attendance checks, of each of its students enrolled at the NSSP.

School staff must:

• check the attendance regularly at intervals agreed to in the contract
• ensure that the NSSP is providing the required attendance records
• check the attendance records provided by the NSSP and follow up any absences which may raise duty of care issues (for example, prolonged absences, unexplained absences) with the NSSP in the first instance
• take reasonable steps to follow up on any attendance issues of concern directly with the student or their family if the NSSP does not provide enough information in a timely manner
• take reasonable steps to report any concerns to the NSSP and the department.

Program and staff qualifications

The NSSP must provide details of the Community VCAL program to be delivered to each student enrolled at the school. The NSSP must provide evidence that its staff have the appropriate qualifications as required by the relevant authorities and in compliance with the Standards for Registered Training Organisations (RTOs) 2015 (Cwth) and the Guidelines for Non-school Senior Secondary Education Providers: Minimum Standards for Registration to provide an Accredited Senior Secondary Course (2017).

School staff must:

• check the VRQA State Register to ensure VCAL is on the NSSP’s scope of registration
• ensure that the NSSP has provided the required documentation regarding each student’s educational program, including for Vocational Education and Training (VET) delivered to school students or School Based Apprenticeships and Traineeships (SBATs)
• review the documentation provided by the NSSP to ascertain whether it is suitable in the context of the Community VCAL program being provided, including meeting the requirements for Victorian Curriculum Assessment Authority (VCAA) Quality Assurance and ensuring adherence to the VET High Level qualifications policy
• ensure accurate and timely enrolment on VASS
• review the documentation provided by the NSSP to ensure that staff have the appropriate qualifications as required by the relevant authorities and in compliance with the Standards for Registered Training Organisations 2015 (Cwth) if relevant
• ensure that the NSSP provides evidence that the educational program as developed is being provided to the student.
• take reasonable steps to report any concerns to the NSSP and/or the MYPAT and/or the Victorian Registration and Qualifications Authority (VRQA).

Assessment

The NSSP is required to provide parents and carers with twice yearly written reports and provide copies of these reports to the school in addition to providing the school with regular and timely reporting of the student’s educational outcomes/achievement/progress for each of the VCAL units and VET units of competency as per the requirements of the contract.

School staff must:

• ensure that the NSSP is providing twice yearly written reports to parents and carers of students attending the NSSP
• ensure that the NSSP provides a copy of these written reports to the school when they are issued to parents
• ensure that the NSSP provides ongoing information to the school regarding the student’s educational outcomes/achievement/progress for each of the VCAL units and VET units of competency
• maintain records of the assessment, reporting and outcomes for each student enrolled at the school and attending the NSSP including enrolment and results in all VCAL units and VET units of competency in the VASS system (for example, exited the course, failed to complete, completed the course).

Fees and charges

If a student enrolled at the home school is receiving a Community VCAL program provided by an NSSP, the school principal will need to identify and plan for any costs and resources that are associated with discharging the home school’s obligations. For example, the transfer of funding associated with the Program for Students with Disability (PSD) or the principal will need to allocate time for a coordinator at the school to review documentation and evidence provided by the NSSP to demonstrate compliance with the terms of the contract.

Any fees and charges passed on to the student (or their family), including any fees and charges associated with the NSSP, must be explained to the student and their parent/guardian/carer, and must comply with the department’s Parent Payments Policy.

The NSSP is required to seek permission from the school council to charge any fees to parents in relation to the student’s program at the NSSP.

School staff must provide students, their parents or carers with information regarding any fees or charges that the school proposes to collect from them.

Duty of care

The NSSP has a duty of care to each of the students attending its program and must comply with the department and school policies that relate to duty of care.

The NSSP also must comply with the Child Safe Standards and Reportable Conduct Scheme and commit to protect students from abuse or harm, managing the risk of child abuse, providing support to a child at risk of child abuse and responding to incidents or allegations of child abuse in accordance with their legal obligations, including Child Safety Laws.

School staff must continue to have duty of care obligations to students who are attending an NSSP program. School staff should take reasonable steps to reduce the risks of injury to students that are reasonably foreseeable in the context of the student attending the NSSP.

The primary way in which the school will discharge its duty of care obligations is to ensure that the NSSP is complying with the terms of the contract and following the school and department policies as required. Regular follow up and contact with the student and NSSP will be required to be undertaken by the school.

School staff also need to take reasonable steps to follow up with the NSSP and, where necessary, the student themselves in relation to any risks. For example, it would be reasonable to have direct contact with the NSSP in relation to any critical incident involving a student to ensure that the NSSP has complied with department policies and is providing appropriate support to the student.

Student welfare

The NSSP is required to keep school staff informed in a timely manner about any student with significant welfare issues or significant behavioural concerns and to regularly report on the support or other assistance being provided to that student.

School staff must:

• review the documentation provided by the NSSP in relation to welfare or behavioural concerns
• discuss any concerns and potential supports with the NSSP directly
• ensure that the NSSP is following the department and the school policies in relation to welfare and other support for the student in the circumstances
• take reasonable steps to follow up any concerns directly with the student in circumstances where the NSSP is failing to manage the situation in accordance with relevant policies.

Risk assessment and management for all NSSP activities including excursions and offsite activities

The NSSP is required to follow department policies in relation to risk assessments, risk management and emergency management. The NSSP is also required to provide copies of this documentation to the school once per term.

School staff must:

• ensure that the NSSP is familiar with the department’s risk management policy available at Risk Management — Schools
• ensure that the NSSP provides the required documentation once per term
• ensure that the NSSP is conducting risk assessments and developing management plans, including emergency management plans, in accordance with department policies for all excursions or off-site activities.

Excursions and activities

The NSSP is responsible for ensuring that all excursions are planned and managed in accordance with relevant department policies on excursions and activities including venue selection, risk assessment and management strategies, supervision. Refer also section above on ‘Informed consent’.

School staff must:

• ensure that the NSSP provides required documentation in relation to excursions and activities
• take reasonable steps to report to the NSSP and regional office (MYPAT) if they become aware that an excursion or activity conducted by the NSSP may not be compliant with department policies
• report and escalate relevant risks to stakeholders, for example, school council, Regional Directors, Senior Education Improvement Leaders etc. through appropriate channels.

Managing critical incidents

The NSSP is required to follow department policies and develop its own procedures for managing critical incidents involving students. The NSSP must notify the school of any critical incident involving the student The school will then put in place processes consistent with departmental policy.

School staff must:

• make direct contact with the NSSP following a critical incident notification by the NSSP to ensure that the critical incident is being appropriately managed and that the NSSP is providing appropriate support to the student
• make an IRIS Report in relation to any incident reported to the school that meets the threshold for reporting on IRIS
• ensure that appropriate information and documentation about the school is provided to the student/responsible adult and, the relevant contact point at the school regarding the NSSP program.

Suitability of School Based Apprenticeships and Traineeships/Structured Workplace Learning arrangements

The NSSP must inform the school of any SBATs or Structured Workplace Learning (SWL) arrangements that the student is undertaking. The NSSP must follow the department guidelines and policies in relation to suitability of employer and supervisors to ensure that the student is placed in a safe and suitable workplace.

In relation to SBATs, the RTO must comply with the 2020 Guidelines about Apprenticeship/Traineeship Training Delivery Skills First Program.

School staff must:

• ensure that the NSSP is providing required documentation and information regarding these arrangements
• be satisfied that the placement is educationally appropriate and relevant to the student’s educational program
• ensure that the principal signs agreements in relation to Structured Workplace Learning and Training Plans for SBATs (only principals have the authority to sign these documents).

Further advice: Workplace learning: information for RTOs

Supervision

The NSSP is responsible for adequately supervising all students, in accordance with its duty of care and in accordance with the department’s policies on supervision of students.

School staff must report any concerns that they have to the NSSP and to the regional office (MYPATs) if they become aware, or if they reasonably suspect, that students have not been adequately supervised during any NSSP activity or program.

Management of medical conditions or disabilities

The NSSP is responsible for ensuring that relevant staff working with the student has up-to-date health information for each student. Additionally, NSSP staff should have, for example, current training in basic first aid, asthma and anaphylaxis.

The NSSP must meet their legal obligations under the Equal Opportunity Act 2010 (Vic), the Disability Discrimination Act 1992 (Cwth) and also the Disability Standards for Education 2005 (Cwth) to make reasonable adjustments to accommodate students with disability. These obligations apply to all students with disability, not just those who are eligible for support under department targeted funding programs.

School staff must:

• ensure that the NSSP is provided with all information regarding any medical condition or disability of the student that the school has in its possession
• ensure that reasonable adjustments are made to accommodate students with disability. This process should apply to all students with disability or additional needs, not just those who are eligible for support under department targeted funding programs.

Links – Policy and Advisory Library

• Health Care Needs
• Students with Disability
• Medication
• First Aid for Students and Staff

Student discipline and management of challenging student behaviours

The NSSP must have its own student inclusion and engagement guidelines that are consistent with the department policy requirements. The NSSP is required to report to the school any significant behavioural or discipline issues.

The NSSP is required to respond to challenging student behaviours in accordance with department policies and procedures. Advice can be found at Behaviour — Schools.

School staff must:

• work directly with the NSSP in relation to any student discipline or behaviour issue
• if the student’s behaviour at the NSSP is of such a nature that it warrants suspension or expulsion under the department’s policies and Ministerial Order 1125 (PDF), this process is to be managed by the school. The school should support the student and their family in any future transition arrangements.

Disability discrimination obligations

The NSSP is responsible for complying with various legal obligations including the obligation to make reasonable adjustments for students with disabilities and not to unlawfully discriminate against students with disabilities.

The NSSP must meet their legal obligations under Equal Opportunity Act 2010 (Vic), the Disability Discrimination Act 1992 (Cwth) and also the Disability Standards for Education 2005 (Cwth) to make reasonable adjustments to accommodate students with disability. These obligations apply to all students with disability, not just those who are eligible for support under department targeted funding programs.

School staff must ensure that the NSSP is aware of any information that the school is in possession of relating to a student’s disability and educational needs.

Koorie students

The NSSP and the school both have responsibility for ensuring that Koorie students have access to cultural support through the Koorie Education Workforce. The Koorie Education Workforce assists students and schools by providing guidance to enhance cultural inclusion practices to support the engagement, attendance, wellbeing and achievement of Koorie Learners. The NSSP and school should liaise with and engage specialist support for Koorie students from their area Koorie Education Coordinator’s and/or Koorie Engagement Support Officers as required to support a culturally inclusive learning environment.

All Koorie students are required to have an (IEP), as required by Marrung – Victorian Aboriginal Education Plan 2016 to 2026.

Privacy

The NSSP and the school both have obligations under privacy legislation, and both are required to have privacy policies. However, these obligations do not prevent the NSSP and the school from sharing relevant information about students for the primary purpose for which it was collected (for example. to educate the student and support the student’s social and emotional wellbeing and health at school) and to discharge legal obligations.

School staff must:

• ensure the NSSP is familiar with the department’s Schools’ Privacy Policy and it is available on their website
• share information with the NSSP that has been collected with consent from the student (or their parents and carers) for the primary purpose for which it was collected
• share information with the NSSP that is necessary to be shared in order to discharge legal obligations such as duty of care, Occupational Health and Safety (OHS) and anti-discrimination obligations
• otherwise comply with the requirements of privacy legislation and the department’s Schools’ Privacy Policy.

Contracted provider staff Working with Children Checks

The NSSP is responsible for ensuring staff maintain current Working with Children Checks as per the Worker Screening Act 2020 (Vic).

School staff must:

• ensure that all staff of the contracted provider involved in teaching and assessing enrolled students of the school comply with the Working with Children Check requirements outlined in these Community VCAL Guidelines
• refer to advice at Working with Children and other Suitability Checks for School Volunteers and Visitors and Worker Screening Act 2020.

Assessment and reporting

The NSSP must:

• provide the school with all necessary information regarding students’ attendance, assessments and reporting in enough time to meet the requirements of the VCAA
• for VCAL delivery, ensure compliance with the Guidelines for non-school senior secondary education providers — Minimum standards for registration to provide an accredited senior secondary course
• use current VCAA study design and assessment guidelines
• ensure study designs and other curriculum requirements of the VCAA are adhered to and that, where relevant, the VCAA is notified of changes to modifications of the program or assessment tasks
• ensure correspondence from the VCAA is received by the appropriate teacher.

School staff must ensure all relevant information is recorded on the VASS database.

The NSSP and the school have joint responsibility to ensure they:

• meet all relevant administrative and assessment requirements in the current VCE and VCAL Administrative Handbook
• attend relevant department, VCAA and VRQA information and training sessions.

Education resources

The NSSP is responsible for ensuring that education services and learning resources appropriate to the units being delivered are made available to the students, including library and classroom teaching resources, access to external resources including online services, information technology and other resources as applicable

Premises, facilities and environment

The NSSP is responsible for ensuring that students have access to physical facilities that meet building regulation requirements and occupational health and safety standards. Premises and facilities must be adequate regarding the number of students enrolled, the physical learning space required to cater for a student’s needs and appropriately lit, heated/cooled, furnished and ventilated.

Marketing and advertising

The NSSP is responsible for ensuring that any marketing and advertising of courses conforms to government regulations and is consistent with its scope of registration.

Note: the contracted provider cannot market itself as a VCE, VCAL or provider of other school education where this education is being provided on behalf of the school or use the school’s name without the written permission of the School Council.

Audits

Education provided by the NSSP may be subject to relevant VCE, VCAL and other school audit processes.

Complaints handling

The NSSP must have a documented process for handling parent complaints. Where the complaint is related to the school the matter must be handled in line with the school’s complaint process consistent with the department’s policy at Complaints – Parents.

Student satisfaction

To better measure and assess the performance and satisfaction of students throughout their studies, students may be invited by the NSSP to participate in a satisfaction survey at the end of their course. The survey will be designed and administered by the NSSP and results shared with the school if appropriate.