Education Amendment Act 2013

Partnership schools kura hourua

31 New Part 12A inserted
  • After section 158, insert:

    Part 12A
    Partnership schools kura hourua

    158A Interpretation
    • In this Part, unless the context otherwise requires,—

      body means a body corporate, corporation sole, or limited partnership

      composite partnership school kura hourua means a partnership school kura hourua designated as a composite partnership school kura hourua by notice under section 158B

      partnership school contract has the meaning given by section 2(1)

      primary partnership school kura hourua has the meaning given by section 2(1)

      secondary partnership school kura hourua means a partnership school kura hourua designated as a secondary partnership school kura hourua by notice under section 158B

      sponsor has the meaning given by section 2(1).

    Approval and operation of partnership schools kura hourua

    158B Minister may approve sponsors
    • (1) The Minister may by notice in the Gazette approve a body to be a sponsor of a partnership school kura hourua.

      (2) The Minister has absolute discretion to refuse to approve a body to be a sponsor under subsection (1).

      (3) A notice under subsection (1) must include—

      • (a) the name of the sponsor; and

      • (b) the place where the school is to be located; and

      • (c) the name of the school; and

      • (d) whether the school is to be a primary, secondary, or composite partnership school kura hourua; and

      • (e) the class levels for which education may be given at the school; and

      • (f) any religious, philosophical, or other distinguishing characteristic of the school; and

      • (g) whether all or any (and if so, which) class levels of the school are to be single-sex.

      (4) A notice under subsection (1) may provide for different class levels to be phased in over a specified period or specified periods.

    158C Minister must appoint advisory group
    • (1) The Minister must appoint an advisory group, consisting of 1 or more members, for the purpose of advising the Minister in relation to—

      • (a) the approval of sponsors under section 158B; and

      • (b) the educational performance of partnership schools kura hourua.

      (2) The members of the advisory group must be appointed by the Minister, on terms and conditions to be determined by the Minister, by written notice to each member.

      (3) The Minister may define and vary the terms of reference of the advisory group as the Minister thinks fit.

      (4) The advisory group must comply with any terms of reference determined by the Minister under subsection (3).

      (5) The advisory group may determine its own procedure.

      (6) Every member of an advisory group appointed under subsection (1) is entitled—

      • (a) to receive remuneration not within paragraph (b) for services as a member of the advisory group at a rate and of a kind determined by the Minister in accordance with the fees framework; and

      • (b) in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her duties as a member of the advisory group.

      (7) For the purposes of subsection (6), fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.

    158D Partnership school contracts
    • (1) The Minister may from time to time, in the name and on behalf of the Crown, enter into a contract with a sponsor for the operation, by that sponsor, of a partnership school kura hourua.

      (2) A partnership school contract must be for a fixed term.

      (3) A partnership school contract must provide for—

      • (a) objectives and performance standards for the sponsor in relation to the operation of the school; and

      • (b) reporting requirements of the sponsor in relation to—

        • (i) the objectives and performance standards of the sponsor under the contract; and

        • (ii) any relevant national standards published under section 60A(1)(ba); and

      • (c) the maximum roll of the school; and

      • (d) the number or percentage of teaching positions (within the meaning of section 120) that must be filled by registered teachers or holders of limited authority to teach; and

      • (e) the curriculum to be taught at the school; and

      • (f) the qualifications to be offered by the school (if it is a secondary or composite partnership school kura hourua); and

      • (g) a procedure for the independent review of complaints against the school; and

      • (h) powers of intervention in the school by the Minister and the Secretary; and

      • (i) the termination of the contract for breach of contract; and

      • (j) the obligations of the sponsor, in the event of the termination or expiry of the contract, to co-operate with the Minister and to comply with any instructions issued by the Minister in order to ensure the orderly and efficient transfer of the operation of the school.

      (4) A partnership school contract may contain other provisions, as agreed between the Minister and the sponsor, that are not inconsistent with—

      • (a) this Act; or

      • (b) any regulations made under this Act.

    158E Complaints
    • (1) A person who refers a complaint about a sponsor to the Ombudsman may refer a complaint to a reviewer in respect of the same matter.

      (2) Subsection (1) applies—

      • (a) irrespective of whether or not the Ombudsman's investigation is complete at the time of the referral to the reviewer; and

      • (b) if that investigation is complete at the time of the referral to the reviewer, irrespective of the outcome of that investigation.

      (3) A person who refers a complaint to a reviewer about a matter that is within the jurisdiction of the Ombudsman may refer a complaint to the Ombudsman in respect of the same matter.

      (4) Subsection (3) applies—

      • (a) irrespective of whether or not the reviewer's investigation is complete at the time of the referral to the Ombudsman; and

      • (b) if that investigation is complete at the time of the referral to the Ombudsman, irrespective of the outcome of that investigation.

      (5) Subsection (3) is subject to section 17 of the Ombudsmen Act 1975.

      (6) In this section,—

      Ombudsman means an Ombudsman appointed under the Ombudsmen Act 1975

      reviewer means the person or body responsible under a partnership school contract for the independent review of complaints against a partnership school kura hourua.

    158F Prohibitions on operation of partnership schools kura hourua
    • (1) A body that is not approved to be a sponsor under section 158B may not operate or purport to operate a partnership school kura hourua.

      (2) A sponsor may not operate a partnership school kura hourua unless there is in place a partnership school contract between the Minister and the sponsor.

    158G Sponsor's duties
    • A sponsor of a partnership school kura hourua must—

      • (a) provide a safe physical and emotional environment for students; and

      • (b) ensure that the school delivers a curriculum that is in line with any foundation curriculum policy statements published under section 60A(1)(aa); and

      • (c) assign the functions of the principal under the sections specified in section 158U(1) to an appropriately qualified person or to appropriately qualified persons; and

      • (d) assign the role of supervising teaching practice to an appropriately qualified person; and

      • (e) at intervals specified in the partnership school contract, inform parents of—

        • (i) the progress of their children at the school; and

        • (ii) any barriers to progress.

    158H Sponsor to control management of partnership school kura hourua
    • (1) A sponsor of a partnership school kura hourua must perform the sponsor's functions and exercise the sponsor's powers in such a way as to ensure that every student at the school is able to attain his or her highest possible standard in educational achievement.

      (2) A sponsor of a partnership school kura hourua has complete discretion to control the management of the school as the sponsor thinks fit.

      (3) Subsection (2) is subject to any enactment, the general law of New Zealand, and the partnership school contract.

    158I School rules
    • (1) A sponsor of a partnership school kura hourua may make any rules the sponsor thinks necessary or desirable for the control and management of the school.

      (2) Subsection (1) is subject to any enactment, the general law of New Zealand, and the partnership school contract.

    158J Sponsor's power to delegate
    • (1) A sponsor may delegate any of the functions or powers of the sponsor under this Act, either generally or specifically, to any person or group of persons.

      (2) A delegation under this section must be in writing.

      (3) The sponsor must not delegate the general power of delegation.

      (4) The sponsor must not delegate the functions of the sponsor in sections 13 to 18 (as applied by section 158U, with the exception of sections 16 and 17D) and any rules made under section 18AA (as applied by section 158V) to the person to whom the sponsor has assigned the functions of the principal in those sections and rules.

      (5) A delegate to whom any functions or powers of a sponsor are delegated may,—

      • (a) unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the delegate were the sponsor; and

      • (b) delegate the function or power only—

        • (i) with the prior written consent of the sponsor; and

        • (ii) subject to the same restrictions and with the same effect as if the subdelegate were the delegate.

      (6) A delegate who purports to perform a function or exercise a power under a delegation—

      • (a) is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation; and

      • (b) must produce evidence of his or her authority to do so, if reasonably requested to do so.

      (7) No delegation in accordance with this Act—

      • (a) affects or prevents the performance of any function or the exercise of any power by the sponsor; or

      • (b) affects the responsibility of the sponsor for the actions of any delegate acting under the delegation; or

      • (c) is affected by any change in the constitution of the sponsor.

      (8) A delegation may be revoked at will by written notice to the delegate.

      (9) A delegation under subsection (5)(b) may be revoked at will by written notice of the delegate to the subdelegate.

    158K Annual financial statements of partnership schools kura hourua
    • (1) On a date specified in the partnership school contract, a sponsor of a partnership school kura hourua must give to the Secretary annual financial statements relating to the school for the year ending on a date specified in the contract.

      (2) The financial statements must be prepared in accordance with the partnership school contract.

      (3) The financial statements must have been audited by a chartered accountant.

    158L Partnership school kura hourua may participate in school risk management scheme
    • (1) A sponsor may, with the consent of the Secretary, participate in a school risk management scheme established under section 78D(2).

      (2) Sections 78D to 78G, any regulations made under section 78F, and any legal instrument by which a school risk management scheme is established apply to any sponsor that participates in the scheme as if it were a participating school board.

    158M Intervention in partnership school kura hourua by Secretary
    • (1) This section applies if the Secretary has reasonable grounds to believe—

      • (a) that—

        • (i) there exists in respect of a partnership school kura hourua an emergency affecting the education or welfare of its students; or

        • (ii) there is an imminent threat of such an emergency; and

      • (b) that the sponsor of the school is unwilling or unable to immediately deal with that emergency or, as the case requires, that threat to the satisfaction of the Secretary.

      (2) If this section applies, the Secretary may take over the management of the school from the sponsor for any period that the Secretary considers necessary in order to deal with the emergency or threatened emergency, and for that purpose the Secretary—

      • (a) has and may exercise and perform, in respect of the school, all of the powers and functions that would otherwise be exercisable or performed by the sponsor:

      • (b) has all other powers necessary or desirable.

      (3) If the Secretary takes over the management of a school under this section, the Secretary must immediately give written notice to the sponsor of that action, and of the reasons for that action.

      (4) This section applies despite anything in any partnership school contract, and nothing in this section limits or affects—

      • (a) any other right or remedy available to the Secretary or the Crown, whether under any partnership school contract or otherwise; or

      • (b) any liability of the sponsor under the partnership school contract or otherwise.

      (5) Neither the Secretary, nor the Crown, nor any other person acting by or under the authority of the Secretary is under any civil or criminal liability for anything the Secretary or any such person may do or fail to do in the course of the exercise or performance or intended exercise or performance of any powers or functions under this section, unless it is shown that the Secretary or that other person acted, or failed to act, in bad faith.

    Enrolment in partnership schools kura hourua

    158N Enrolment in partnership schools kura hourua
    • (1) If a partnership school kura hourua receives more applications than there are places at the school, the order of priority in which applicants are to be offered places at the school is as follows:

      • (a) first priority must be given to any applicant who is the sibling of a current student of the school:

      • (b) second priority must be given to any student who is the sibling of a former student of the school:

      • (c) third priority must be given to all other applicants.

      (2) If there are more applicants in any of the priority groups than there are places available, selection within the priority group must be by ballot.

      (3) If 2 or more siblings apply for places at the school at the same time, the applications of those siblings must be dealt with as a single application for the purposes of the ballot.

      (4) In this section, sibling has the meaning given by section 11F(3).

    158O Equal rights to primary and secondary education in partnership schools kura hourua
    • (1) People who have special educational needs (whether because of disability or otherwise) have the same rights to enrol and receive education at partnership schools kura hourua as people who do not.

      (2) Nothing in subsection (1) affects or limits—

      • (a) those provisions of Part 2 and this Part that relate to the suspension, expulsion, and exclusion of students from partnership schools kura hourua; and

      • (b) section 158N (enrolment in partnership schools kura hourua).

    158P Special education in partnership schools kura hourua
    • Despite sections 5 and 6 (as applied by section 158U), if the Secretary and the person's parents agree,—

      • (a) a person with special educational needs who is under 21 and who turns 14 in any year may, in any later year, be or continue to be enrolled at a primary partnership school kura hourua, or in a class below form 3 at a composite partnership school kura hourua; and

      • (b) a person under 21 with special educational needs may be or continue to be enrolled at a secondary partnership school kura hourua, or in a class above form 2 at a composite partnership school kura hourua, who, in the opinion of the Secretary,—

        • (i) has not completed the work of form 2; and

        • (ii) has not completed work equivalent to the work of form 2; and

      • (c) a person under 21 with special educational needs may be or continue to be enrolled at a secondary partnership school kura hourua, or in a class above form 2 at a composite partnership school kura hourua, on or after 1 January after the person's 19th birthday.

    Multiple timetable arrangements

    158Q Multiple timetable arrangements in partnership schools kura hourua
    • (1) A sponsor may run a multiple timetable arrangement at a partnership school kura hourua for a specified period if the sponsor is satisfied that the arrangement is appropriate in the circumstances.

      (2) A sponsor must take all reasonable steps to notify every affected student and his or her parents in writing of—

      • (a) the multiple timetable arrangement; and

      • (b) the time periods for each day during which the affected student's timetable will run.

      (3) In this section, affected student and multiple timetable arrangement have the meanings given by section 25(8).

    Exclusions

    158R Secretary's powers when student younger than 16 is excluded from partnership school kura hourua
    • (1) If the Secretary is satisfied that the sponsor of a partnership school kura hourua has excluded a student who is younger than 16 from the school under section 15(1)(c) (as applied by section 158U), and that no person to whom the sponsor has assigned the functions of the principal under section 15(5) (as so applied) has arranged for the student to attend another school, the Secretary must,—

      • (a) if satisfied that it is appropriate for the student to return to the school from which the student has been excluded, lift the exclusion; or

      • (b) arrange for and, if necessary, direct the board of a State school (that is not an integrated school) to enrol the student at the State school; or

      • (c) arrange for and, if necessary, direct a sponsor of another partnership school kura hourua to enrol the student at the other school; or

      • (d) direct a parent of the student to enrol the student at a correspondence school.

      (2) The Secretary may not give a direction under subsection (1)(b), or lift an exclusion under subsection (1)(a), unless the Secretary has also made all reasonable attempts to consult the student, the student's parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student's education or welfare.

      (3) The Secretary may not give a direction under subsection (1)(c) unless—

      • (a) the student's parents agree; and

      • (b) the Secretary has made all reasonable attempts to consult the student, the sponsor, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student's education or welfare.

      (4) If the sponsor of the school from which the student has been excluded is also the sponsor of another school, the Secretary (in exercising the power conferred by subsection (1)(c)) may direct the sponsor to enrol the student at that other school.

      (5) A board must comply with a direction under subsection (1)(b), and the direction overrides the provisions of any enrolment scheme the school may have in place.

      (6) A sponsor must comply with a direction under subsection (1)(c), and the direction overrides the provisions of any enrolment scheme the school may have in place.

    158S Re-enrolment by partnership school kura hourua of student excluded or expelled
    • (1) The sponsor of a partnership school kura hourua from which a student has ever been excluded or expelled (whether under section 15 or 17 as applied by section 158U) may refuse to enrol the student at the school (unless, in the case of an exclusion, the Secretary has lifted the exclusion under section 158R(1)(a)).

      (2) Subject to sections 16(1)(ba) and 158R(1)(c), the sponsor of a partnership school kura hourua may refuse to enrol a student who is for the time being excluded or expelled (whether under section 15 or 17 as applied by section 158U) from a State school or another partnership school kura hourua.

      (3) The Secretary may, in the case of a student who has turned 16, direct the sponsor of another partnership school kura hourua to enrol the student at the school if—

      • (a) the student has been expelled from a partnership school kura hourua under section 17 (as so applied); and

      • (b) the student's parents agree to the enrolment; and

      • (c) the Secretary has made all reasonable attempts to consult the student, the sponsor, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student's education or welfare.

      (4) The Secretary may, in the case of a student who has turned 16, direct the board of a State school to enrol the student at the school if—

      • (a) the student has been expelled from a partnership school kura hourua under section 17 (as so applied); and

      • (b) the Secretary has made all reasonable attempts to consult the student, the student's parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student's education or welfare.

    Courses and visits

    158T Courses and visits outside partnership school kura hourua premises
    • A sponsor of a partnership school kura hourua may authorise any students to do any of the following outside the school premises:

      • (a) undertake courses of education; or

      • (b) obtain work experience; or

      • (c) make visits.

    Application of Act to partnership schools kura hourua

    158U Application of this Act to partnership schools kura hourua
    • (1) Sections 4 to 6, 13 to 15, 17 to 17C, 18 to 19, 25A (except subsection (1B)), 25AA, 25B, 27, 33, 78C to 78CD, and 139AAA to 139AAI (except section 139AAE(1)(a)) apply to partnership schools kura hourua with any necessary modifications.

      (2) In their application to partnership schools kura hourua under subsection (1), sections 4 to 6, 13 to 15, 17 to 17C, 18 to 19, 25A (except subsection (1B)), 25AA, 25B, 27, 33, 78C to 78CD, and 139AAA to 139AAI (except section 139AAE(1)(a)) must be read as if—

      • (a) any references to a State school were references to a partnership school kura hourua; and

      • (b) any references to a board or a board of a State school were references to a sponsor; and

      • (c) any references to a principal were references to the person or persons to whom a sponsor has assigned the function or functions of the principal under the section in question; and

      • (d) any references to a primary school were references to a primary partnership school kura hourua; and

      • (e) any references to a secondary school were references to a secondary partnership school kura hourua; and

      • (f) any references to a composite school were references to a composite partnership school kura hourua.

      (3) In its application to partnership schools kura hourua under subsection (1), section 17B must also be read as if the reference to a meeting of the board were a reference to a meeting with the sponsor.

      (4) In its application to partnership schools kura hourua under subsection (1), section 25AA must also be read as if references to the health curriculum were references to the health curriculum delivered by a partnership school kura hourua.

      (5) In their application to partnership schools kura hourua under subsection (1), sections 139AAA to 139AAI must also be read as if the definition of teacher in section 139AAA(9) were replaced with the following definition:

      teacher means—

      • (a) a person holding a teaching position (within the meaning of section 120) at a partnership school kura hourua; or

      • (b) a person to whom the sponsor of the partnership school kura hourua has assigned any of the functions of the principal.

    158V Application of Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 to partnership schools kura hourua
    • (1) The Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 (except rule 3) apply to partnership schools kura hourua with any necessary modifications.

      (2) In their application to partnership schools kura hourua under subsection (1), the Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 must be read as if—

      • (a) any references to a State school were references to a partnership school kura hourua; and

      • (b) any references to a board or a board of a State school were references to a sponsor; and

      • (c) any references to a principal were references to the person to whom a sponsor has assigned the function or functions of the principal under the rules.

    Application of other Acts to partnership schools kura hourua

    158W Application of New Zealand Bill of Rights Act 1990 to partnership schools kura hourua
    • Section 3(b) of the New Zealand Bill of Rights Act 1990 applies to the following persons when performing functions under this Act or in relation to a partnership school contract:

      • (a) a sponsor of a partnership school kura hourua:

      • (b) a person employed by a sponsor of a partnership school kura hourua in a position at the school:

      • (c) a person who works at a partnership school kura hourua under contract.

    158X Application of Privacy Act 1993 to partnership schools kura hourua
    • When performing functions under this Act or a partnership school contract, a sponsor of a partnership school kura hourua is to be treated as a public sector agency for the purposes of sections 35 and 36 of the Privacy Act 1993.

    158Y Official Information Act 1982 not to apply to partnership schools kura hourua
    • The Official Information Act 1982 does not apply to a sponsor of a partnership school kura hourua when the sponsor is performing functions under this Act or a partnership school contract.