Education Standards Act 2001

  • This version includes a correction to section 69(2) made under section 25(j)(iii) and 25(j)(iv) of the Legislation Act 2012.

School planning and reporting

14 New sections 61 to 63B substituted

The principal Act is amended by repealing sections 61 to 64, and substituting the following sections:

61 School charter

(1)

Every Board must, for each school it administers, prepare and maintain a school charter.

(2)

The purpose of a school charter is to establish the mission, aims, objectives, directions, and targets of the Board that will give effect to the Government’s national education guidelines and the Board’s priorities.

(3)

A school charter must contain the following sections:

(a)

a section that includes—

(i)

the aim of developing, for the school, policies and practices that reflect New Zealand’s cultural diversity and the unique position of the Maori culture; and

(ii)

the aim of ensuring that all reasonable steps are taken to provide instruction in tikanga Maori (Maori culture) and te reo Maori (the Maori language) for full-time students whose parents ask for it:

(b)

a long-term strategic planning section that—

(i)

establishes the Board’s aims and purposes; and

(ii)

establishes for the next 3 to 5 years the Board’s aims, objectives, directions, and priorities for intended student outcomes, the school’s performance, and use of resources; and

(iii)

includes any aims or objectives that designate the school’s special characteristics or its special character (within the meaning of this Act):

(c)

an annually updated section that—

(i)

establishes for the relevant year the Board’s aims, directions, objectives, priorities, and targets relating to intended student outcomes, the school’s performance, and use of resources; and

(ii)

sets targets for the key activities and achievement of objectives for the year.

(4)

A school charter must include the Board’s aims, objectives, directions, priorities, and targets in the following categories:

(a)

student achievement:

(b)

the Board’s activities aimed at meeting both general government policy objectives for all schools, being policy objectives set out or referred to in national education guidelines, and specific policy objectives applying to that school:

(c)

the management of the school’s and Board’s capability, resources, assets, and liabilities, including its human resources, finances, property, and other ownership matters:

(d)

other matters of interest to the public that the Minister may determine.

(5)

A school charter must—

(a)

contain all annual or long-term plans the Board is required to have or has prepared for its own purposes; or

(b)

contain a summary of each plan or a reference to it.

62 Procedural requirements of preparing or updating school charter

(1)

The Board must provide the Secretary with a copy of its first school charter and every updated school charter.

(2)

A school charter must be prepared and updated in accordance with national administration guidelines.

63 Effect of school charter

A school charter has effect as an undertaking by the Board to the Minister to take all reasonable steps (not inconsistent with any enactment, or the general law of New Zealand) to ensure that—

(a)

the school is managed, organised, conducted, and administered for the purposes set out or deemed to be contained in the school charter; and

(b)

the school, and its students and community, achieve the aims and objectives set out in the school charter.

63A When school charter or updated charter takes effect

(1)

When the Secretary receives a school charter or updated school charter, the Secretary must consider whether the charter has been developed or updated in accordance with the requirements of this Act and the national administration guidelines.

(2)

Unless it takes effect on a different date under subsection (5), a new or updated school charter takes effect on the 25th working day after the date that the Secretary receives it.

(3)

If, before the first or updated school charter takes effect, the Secretary determines that it was not developed or updated in accordance with the Act or is inconsistent with the Act or the national administration guidelines, the Secretary must notify the Board of the matters in the school charter to be resolved.

(4)

The Secretary must then negotiate with the Board to resolve the matters concerned and, if the Board and the Secretary are unable to reach agreement about the content of the school charter or updated school charter, the Secretary may require the Board to amend the charter or updated charter.

(5)

If the Secretary issues a notice under subsection (3), the school charter or updated charter takes effect—

(a)

on the date agreed by the Secretary and the Board; or

(b)

on the date the Secretary determines to be the commencement date for his or her amendments.

63B Board must make copies of school charter available

Once a school charter or updated school charter takes effect, the Board must make the charter available.