[Photo: SUPPLIED]

The Education Commission has criticised the proposed penalties in the Education Bill.

It warned that criminalising parents is unfair and could overload the prison system.

Commission Chair Professor Vijay Naidu states there must first be an investigation into why a child is absent before any punishment is applied.

The Standing Committee on Justice, Law and Human Rights Chair Ratu Rakuita Vakalalabure asked if the Commission supported criminalising parents for school non-attendance.

The bill proposes fines of $2,000 or imprisonment for up to one year.

Prof Naidu said this approach was unfair and ignored the real reasons behind absenteeism.

He said parents should first receive warnings and be engaged by authorities to explain their circumstances.

Family situations vary widely, he added, and punishment should not be immediate.

“We, in our discussions, are suggesting that there should be some investigation made on why there is prolonged absenteeism and the steps should be taken ahead of this criminalisation process.”

Prof Naidu also warned that many penalties in the bill are inconsistent and do not reflect the severity of different offences.

Clause 10 of the Education Bill currently forces students to attend school full-time.

Prof Naidu said this leaves no option for part-time study or work-based training. Students may have to choose between academic schooling and practical learning.

He recommended allowing approved programs that combine school with apprenticeships and lead to recognised qualifications.

The Commission also highlighted the lack of systems for dropouts.

Prof Naidu said there was no framework to track students who leave school or to help them return.

Teen mothers, working children, and expelled students have no clear legal pathway back.

He recommended monitoring dropout rates, creating flexible re-entry options and requiring schools to report students who stop attending.

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