How to Legally Keep Your Child Home During the NSW Homeschool Registration Waiting Period

When you apply to move your child from school to home education in NSW, registration processing can take 7 to 12 weeks. During that window, the child's school enrolment remains active while the home-education application is pending. The DoE website states the child must remain enrolled until registration is approved. If your child is in crisis — school refusal, panic attacks, bullying, autistic burnout — that instruction is medically and practically unworkable. There are two legal strategies within the Education Act 1990 to keep your child home during this gap: a Section 25 exemption from attendance and a GP stress-leave certificate. Neither requires registration to be granted first.

Why the Gap Period Exists

Under the Education Act 1990, children from age 6 until they turn 17 or complete Year 10 in NSW must be either enrolled and attending a registered school or registered for home schooling. When you submit your home education application to the Department of Education (the Home Schooling Directorate, which took over from NESA in May 2025), the DoE must process the application, assign an Authorised Person, and schedule the initial assessment visit. Processing can stretch to the full 12-week window.

During this window, your child's school enrolment still exists on paper. The school is legally required to mark absences. If those absences accumulate without a documented reason, the school's attendance procedures may escalate — letters home, meetings with the principal, and in some cases, references to mandatory reporting obligations.

This is the scenario that terrifies parents. The child can't attend school. The registration hasn't been approved. The government website doesn't explain what to do in the middle.

Strategy 1: Section 25 Exemption From Attendance

Section 25 of the Education Act 1990 allows a school principal to grant an exemption from school attendance for up to 99 days. This provision exists for a range of circumstances — including situations where attendance is not in the best interest of the child.

How it works:

1. Write a formal request to the school principal (not the DoE) asking for a Section 25 exemption from attendance
2. State that you have submitted a home education registration application and are awaiting processing
3. Explain why continued attendance is not in the child's best interest (medical reasons, school refusal, anxiety, safety concerns)
4. Attach supporting documentation if available (GP letter, psychologist report, existing IEP showing unmet needs)
5. The principal is delegated authority to grant the exemption — it does not require DoE registration approval

The 99-day window covers most processing timelines. Even at the worst-case 12-week processing delay, 99 days gives you significant margin. The exemption provides a documented legal basis for absences covered by the exemption.

What if the principal refuses? Principals have discretion under Section 25, and some are more cooperative than others. If the principal declines, put the request in writing (email) so you have a record, and use Strategy 2 if a GP considers medical documentation clinically appropriate.

Strategy 2: GP Stress-Leave Certificate

A general practitioner may provide a medical certificate stating that school attendance is not appropriate for your child due to their current health condition, if clinically appropriate. Submit it to the school and ask how the covered absences will be recorded; this is separate from the Section 25 request.

How it works:

1. Book a GP appointment and explain the situation: your child is experiencing [school refusal / anxiety / autistic burnout / mental health crisis] and you have submitted a home education registration application
2. Ask the GP to advise on an appropriate period of coverage
3. Submit the certificate to the school and retain confirmation of how the covered absences are recorded
4. Renew if processing takes longer than the certificate covers

A GP decides whether a certificate is clinically appropriate. If your child has an existing relationship with a psychologist, OT, or paediatrician, a letter from that specialist may help explain the situation to the GP and school.

Using Both Strategies Together

The two strategies are not mutually exclusive. The strongest position is:

1. Apply for the Section 25 exemption through the school principal (this is the primary protection)
2. Simultaneously obtain a GP certificate as a backup (this covers you if the principal is slow to respond or declines)
3. Keep copies of both, plus your home education application confirmation, in a single folder

If the school or the DoE contacts you during the gap period, provide the application date and any Section 25 or medical documentation, then request written confirmation of how the absences are being recorded.

What to Do During the Waiting Period

The gap period is not dead time. Use it to:

• Use the waiting period for preparation and learning activities only where the absences are covered by a granted Section 25 exemption or accepted medical documentation. A pending application by itself does not replace school enrolment or attendance obligations.
• Document everything from day one. Keep a simple log of activities, topics covered, resources used, and how they map to the Key Learning Areas. Photos, writing samples, and project artefacts all count.
• Prepare your educational plan. The initial AP visit focuses on the proposed plan, resources, and record-keeping method; have those ready before the visit.
• Allow deschooling time. If your child is in crisis, the first few weeks at home may involve very little formal learning. Document the recovery process — rest, therapy, rebuilding safety — and ask how to reflect it honestly in your educational plan.

The New South Wales Legal Withdrawal Blueprint

The New South Wales Legal Withdrawal Blueprint includes ready-to-use templates for both the Section 25 exemption request and the GP stress-leave briefing (a one-page document explaining the situation and what you need from the GP, so the appointment is efficient rather than a lengthy explanation). It also covers how to respond if the school contacts you during the gap period, how to document learning from day one, and how to present the gap period positively to the AP during the initial visit.

Frequently Asked Questions

Can the school report me for truancy during the gap period?

If you have a Section 25 exemption or medical documentation covering the absences, provide it to the school and request written confirmation of how those absences are recorded. The application itself does not replace that documentation.

What if processing takes longer than 12 weeks?

Processing occasionally exceeds the standard window. If your Section 25 exemption approaches 99 days, ask the school about the recorded exemption and seek current medical advice if further documentation is needed. You can also contact the Home Schooling Directorate (under the DoE since May 2025) to request a processing update.

Do I need to tell the school I'm applying for home education?

The research-grounded sequence is to submit the home-education application, then notify the school in writing and request the relevant attendance documentation. A pending application does not itself end school enrolment. The New South Wales Legal Withdrawal Blueprint covers the timing and sequence.

Will the gap period count against me during the AP visit?

The processing delay is an administrative issue, but keep evidence of any exemption or medical documentation and explain the timing. The initial AP assessment focuses on the proposed educational plan and record-keeping method; explain any deschooling or recovery period honestly in that plan.

Is keeping my child home during the gap period actually legal?

Yes, a granted Section 25 exemption or medical documentation accepted by the school can provide a lawful basis for absences during processing. The application alone does not do so: the Education Act 1990 requires children to attend school or be registered for home education, so confirm how the school will record the absences.

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