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.

Interventions in poorly performing schools

20 New Part 7A inserted

The principal Act is amended by inserting, after section 78G, the following Part:

Part 7A Interventions in schools

78H Purpose of Part

The purpose of this Part is to provide for a range of interventions that may be used to address risks to the operation of individual schools or to the welfare or educational performance of their students.

78I Application of interventions

(1)

The interventions in schools that are available are as follows:

(a)

a requirement by the Secretary for information:

(b)

a requirement by the Secretary for a Board to engage specialist help:

(c)

a requirement by the Secretary for a Board to prepare and carry out an action plan:

(d)

the appointment by the Secretary, at the direction of the Minister, of a limited statutory manager:

(e)

the dissolution of a Board by the Minister, and the appointment of a commissioner:

(f)

the dissolution of a Board by the Secretary, and the appointment of a commissioner.

(2)

The Minister or Secretary (as the case may be) may apply any of the interventions described in subsection (1)(b) to (e) to a school if he or she has reasonable grounds to believe that there is a risk to the operation of the school, or to the welfare or educational performance of its students.

(3)

The Minister or Secretary (as the case may be) may apply any of the interventions described in subsection (1) to a school if either of the following requests an intervention:

(a)

the Board of the school:

(b)

in the case of an integrated school, the school’s proprietors.

(4)

When applying an intervention, the Minister or Secretary (as the case may be) must apply whichever intervention he or she considers is reasonable to deal with the risk without intervening more than necessary in the affairs of the school.

(5)

The application of any 1 intervention does not preclude the application of any other intervention, either simultaneously or at any other time.

78J Requirement to provide information

(1)

The Secretary may, by written notice to the Board of a school, require the Board to provide specified information—

(a)

as at a given time; or

(b)

at specified intervals; or

(c)

both.

(2)

The Secretary may give a notice under subsection (1) only if he or she has reasonable grounds for concern about the operation of the school, or the welfare or educational performance of its students.

(3)

A Board that receives a notice under subsection (1) must provide the Secretary with the information required—

(a)

within or at the time or times specified in the notice; and

(b)

in the form (if any) specified by the Secretary.

(4)

The Secretary may at any time amend or revoke a notice under subsection (1), and the amendment or revocation takes effect on the date specified in the notice.

78K Specialist help

(1)

The Secretary may, by written notice to the Board of a school, require the Board to engage specified specialist help.

(2)

A notice given under subsection (1) must identify particular persons or organisations, or types of persons or organisations, whom the Board must engage.

(3)

A Board that receives a notice under subsection (1) must comply with the notice as soon as practicable, and must pay the fees and reasonable expenses of any person or organisations engaged to provide specialist help.

(4)

The Secretary may at any time amend or revoke a notice under subsection (1), and the amendment or revocation takes effect on the date specified in the notice.

78L Action plans

(1)

The Secretary may, by written notice to the Board of a school, require the Board to prepare and carry out an action plan, and every such notice must specify—

(a)

the matters that the action plan must address; and

(b)

the outcomes sought; and

(c)

the time within which a draft action plan must be prepared.

(2)

A Board that receives a notice under subsection (1) must comply with it by preparing a draft action plan within the time specified in the notice and presenting it to the Secretary for approval.

(3)

The Secretary may negotiate with the Board over the draft action plan in order to reach an agreed plan but, if after a reasonable period the Board and Secretary have not reached agreement over the content of the action plan, the Secretary may give notice to the Board that he or she will approve a particular version of the plan.

(4)

When the Secretary has approved an action plan, the Board—

(a)

must implement it in accordance with its terms, unless or until the Secretary directs otherwise; and

(b)

must make the plan available as if it were part of the school’s charter.

78M Limited statutory manager

(1)

The Minister may, by notice in the Gazette, direct the Secretary to appoint a limited statutory manager for the Board of a school.

(2)

A notice under subsection (1) must specify—

(a)

any functions, powers, and duties of the Board (whether statutory or otherwise) that are to be vested in the limited statutory manager; and

(b)

any matters on which the limited statutory manager may or must advise the Board; and

(c)

any conditions attaching to the exercise of the powers by the Board or by the limited statutory manager.

(3)

Upon publication of the Gazette notice, the Secretary must, by notice to the Board,—

(a)

appoint a person to be the limited statutory manager for the Board; and

(b)

state the date on which the appointment takes effect.

(4)

On and from the date on which his or her appointment takes effect,—

(a)

any functions, powers, or duties of the Board specified in a notice under subsection (1) vest in the limited statutory manager; and

(b)

the Board must take into consideration advice given by the limited statutory manager on any matter on which he or she is obliged to give advice; and

(c)

any conditions specified in the notice apply.

(5)

The Board must pay the fees and expenses of a limited statutory manager appointed for it.

(6)

The Minister may at any time, by notice in the Gazette, amend a notice under subsection (1), and the amendment takes effect on and from the date given in the notice.

(7)

When the Minister is satisfied that the appointment of the limited statutory manager is no longer required, he or she must revoke the notice under subsection (1), in which case the appointment terminates from the date of the revocation.

78N Dissolution of Board and appointment of commissioner

(1)

The Minister may, by notice in the Gazette, dissolve the Board of a school and direct the Secretary to appoint a commissioner to replace that Board.

(2)

On publication of a notice under subsection (1), the Secretary must, by notice in the Gazette, appoint a commissioner for the school, and state the date on which the appointment takes effect.

(3)

The Secretary may, by notice in the Gazette, dissolve the Board of a school and appoint a commissioner it its place, as from a specified date, if any of the following applies:

(a)

the Board has not held a meeting during the previous 3 months:

(b)

so many casual vacancies have arisen that there is no longer any member of the Board who is eligible to preside at meetings of the Board:

(c)

the result of an election of trustees is that the Board has fewer than 3 trustees elected by parents:

(d)

an election of trustees has not been held as required by this Act:

(e)

it is impossible or impracticable to discover the results of an election of trustees.

78O Commissioners

(1)

A commissioner appointed under section 78N has all the functions, powers, and duties of the Board that he or she is appointed to replace.

(2)

Anything that, if done by or on behalf of the Board, must be done by affixing the Board’s seal, or by the signature of 2 or more trustees, or both, may be done by the signature of the commissioner.

(3)

The remuneration of the commissioner must be determined by the Secretary and paid for out of funds of the Board.

78P Commissioner sets date for election of trustees

(1)

In the case of a commissioner appointed under section 78N(2), when the Secretary is satisfied that a commissioner is no longer required for the school, the commissioner must appoint a date for the election of trustees.

(2)

In the case of a commissioner appointed under section 78N(3), when the Secretary is satisfied that an election of trustees will produce a functioning Board, the commissioner must appoint a date for the election of trustees.

(3)

A commissioner’s appointment ends 7 days after the date that he or she has set for the election of trustees.

78Q Protection of limited statutory managers and commissioners

No limited statutory manager, and no commissioner, is personally liable for any act done or omitted by him or her, or for any loss arising out of any act done or omitted by him or her, if the act or omission was in good faith and occurred in the course of carrying out his or her functions.

78R Annual review of interventions

Within 1 year of the date of a notice under any of sections 78J(1), 78K(1), 78L(1), 78M(1), or 78N(1) or (3), the Secretary must review the operation of the intervention commenced by each notice, and after that must review the operation of the intervention annually.

78S Application of interventions to integrated schools

(1)

The Secretary must, if practicable, consult with the proprietors of an integrated school before appointing a limited statutory manager or commissioner for the school, and must have regard to any recommendations made by the proprietors.

(2)

If the Secretary considers that it is not practicable to consult with the proprietors before making an appointment, the Secretary must consult with the proprietors after making the appointment and must consider whether, in light of any recommendations made by the proprietors, a different person should be appointed in place of the original appointee.

78T Application of interventions to Kura Kaupapa Maori

(1)

Before applying any of the interventions in this Part to a Kura Kaupapa Maori, the Secretary must consult with te kaitiaki o Te Aho Matua (as defined in section 155B).

(2)

Subsection (1) applies only to Kura Kaupapa Maori that are required by their charters to operate in accordance with Te Aho Matua.