Education (Update) Amendment Act 2017

  • A correction has been made to section 156(2) on 19 May 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.
115 Section 156 replaced (Designated character schools)

Replace section 156 with:

156 Designated character schools

(1)

When establishing a State school, the Minister may designate the school as a designated character school.

(2)

The Minister must do so in accordance with this section and section 156AA.

(3)

The Minister may in the Minister’s absolute discretion refuse to establish a designated character school.

(4)

The Minister may not establish a school as a designated character school unless satisfied that, if the school is established,—

(a)

for a school that will also be designated a Kura Kaupapa Māori under section 155,—

(i)

te reo Māori will be the principal language of instruction at the school; and

(ii)

the school will operate in accordance with Te Aho Matua (as defined in section 155A):

(b)

for any other type of designated character school, the school will have a character that is in some specific way or ways different from the character of ordinary State schools (its different character):

(c)

for any designated character school, it is desirable for students whose parents want them to do so to get such an education:

(d)

for any designated character school, students at the school will get an education of a kind that differs significantly from the education they would get at an ordinary State school.

(5)

The Minister may not also designate a designated character school as a Kura Kaupapa Māori unless he or she has first consulted te kaitiaki o Te Aho Matua on the ability of the school to operate in accordance with Te Aho Matua.

(6)

The board of a designated character school must ensure,—

(a)

for a Kura Kaupapa Māori, that—

(i)

te reo Māori is the principal language of instruction at the school; and

(ii)

the school operates in accordance with Te Aho Matua:

(b)

for any other type of designated character school, that—

(i)

the aims, purposes, and objectives of the school’s different character are set out in the school’s strategic plan under Schedule 6; and

(ii)

the school operates consistently with its different character.

(7)

A designated character school that is a Kura Kaupapa Māori may have other special characteristics that give it a particular character (its special characteristics).

(8)

The Secretary must from time to time, by written notice to a designated character school, fix a maximum roll of the school, and the board must ensure that the number of students enrolled at the school is not more than the maximum roll.

(9)

A board of a designated character school may refuse to enrol students whose parents do not accept,—

(a)

for a Kura Kaupapa Māori, that the school operates in accordance with Te Aho Matua:

(b)

for any other type of designated character school, that the school operates consistently with its different character.

(10)

Except as provided in this section and section 11PB, this Act and the Education Act 1964 apply to every designated character school as if it were not a designated character school.

156AA Process for establishing designated character schools

(1)

The Minister may, by notice in the Gazette when establishing a State school, designate the school as a designated character school (see section 156) and (if applicable) also designate a school as a Kura Kaupapa Māori (see section 155).

(2)

Before doing so, the Minister must be satisfied of the matters in section 156(4) and have undertaken consultation under section 156(5) (as relevant in each case).

(3)

The notice establishing a designated character school must,—

(a)

for a Kura Kaupapa Māori,—

(i)

specify the name of the school, which must at all times begin with the words “Te Kura Kaupapa Māori o”; and

(ii)

state that the school will operate in accordance with Te Aho Matua; and

(iii)

summarise any other special characteristics of the school:

(b)

for any other type of designated character school, describe the different character of the school (as defined in section 156(4)(b)):

(c)

for any designated character school, state the constitution of the school’s board.

(4)

The Minister may from time to time, after consultation with the board of a designated character school, by notice in the Gazette,—

(a)

for a Kura Kaupapa Māori,—

(i)

amend the name of the school (but not so as to omit the words “Te Kura Kaupapa Māori o”):

(ii)

amend the summary of special characteristics of the school:

(b)

for any other type of designated character school, amend the description of the different character of the school:

(c)

for any designated character school, amend the statement of the constitution of the board.