Schedule 21 When State schools must be open

ss 115, 659(1), (2)

1 Length of school year

(1)

The Minister may, before 1 July in any year, specify the number of half-days on which schools must be open during the next year.

(2)

For the purposes of subclause (1), different numbers may be fixed for schools of different classes or descriptions.

(3)

Except as provided in this Act, a board must ensure that each school it administers is open for instruction on the number of half-days specified under subclause (1).

(4)

If, because of a strike or lockout, a school is not open for instruction on any half-day, the school is, for the purposes of subclause (2), treated as having been open for instruction on that half-day.

(5)

If the Minister fails to specify the number of half-days on which schools must be open in any year, the number specified for the previous year applies for that year.

Compare: 1989 No 80 s 65A

2 Terms

(1)

The Minister may, before 1 July in any year, specify (by reference to specific dates, specified days, the number of half-days determined under clause 1, or any 2 or more of those means)—

(a)

the terms that schools must observe during the next year; or

(b)

a means for ascertaining or determining those terms.

(2)

A board must ensure that each school it administers is open for instruction for 1 half-day that finishes at or before noon and 1 half-day that starts at or after noon on every day during the terms specified, ascertained, or determined under subclause (1).

(3)

However, a board may vary the time at which any 1 or more half-days take place (for example, by starting a second half-day before noon) if the board—

(a)

has adequately consulted parents, staff, the local community, and any other person who the board considers may be affected about the proposed variation and it is generally acceptable; and

(b)

is satisfied that the adoption of the proposal would not result in the students of the school spending less time in school than other students in comparable schools and other local schools; and

(c)

has taken all reasonable steps to notify students and parents in writing of the board’s final decision on the proposed variation.

(4)

A board may also vary the time at which any 1 or more half-days take place without satisfying the requirements in subclause (3)(a) if—

(a)

the variation is made for operational reasons; and

(b)

the variation applies for no more than 2 days; and

(c)

the board has not made a variation under this subclause during the previous 6 weeks.

(5)

A student enrolled at a State school must comply with section 36 even if the school’s board varies the time of any 1 or more half-days.

(6)

On any day, a school is not open for instruction at all if it is open for less than 1 half-day.

(7)

To avoid doubt, if a school opens on any day for only 1 half-day, that half-day may be counted towards the number of half-days fixed by the Minister under clause 1(1).

(8)

If the Minister fails to specify terms, or a means of ascertaining or determining them, in any year, the terms specified for the previous year apply for that year.

Compare: 1989 No 80 s 65B

3 Holidays

(1)

A board must ensure that each school it administers is closed on—

(a)

Saturdays, Sundays, New Year’s Day, 2 January, Waitangi Day, Good Friday, Easter Monday, Easter Tuesday, Anzac Day, the Sovereign’s birthday, Labour Day, Christmas Day, and Boxing Day; and

(b)

the day observed as anniversary day in the locality in which the school is situated; and

(c)

if 1 January falls on a Friday, the following Monday; and

(d)

if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

(e)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.

(2)

However, the Minister may specify the circumstances in which boards may open the schools they administer or any of them on Saturdays or Sundays, and if the Minister does so, the schools may open.

(3)

The Minister may, before 1 July in any year, specify days during the next year (in addition to those specified in subclause (1)) on which boards may close the schools they administer or any of them, and, if the Minister does so, schools may be closed accordingly.

(4)

If the Minister fails to specify days on which schools may be closed for any year, the days on which the schools may be closed are the days specified for the previous year.

(5)

The Minister may specify the circumstances in which boards may close the schools they administer or any of them, and, if the Minister does so, subject to clause 1, the schools may be closed accordingly.

Compare: 1989 No 80 s 65C

4 Exceptions in particular cases

(1)

The Minister may authorise a board to open any particular school it administers for fewer half-days in any year than required by clause 1(3) and, if the Minister does so, the school may be closed accordingly.

(2)

The Minister may authorise a board to open and close any particular school it administers in accordance with terms and holidays (specified by the Minister) that differ from those otherwise required by this Act to be observed, and, subject to any terms and conditions specified by the Minister when giving the authority, the school may be open and closed accordingly.

Compare: 1989 No 80 s 65D

5 Multiple timetable arrangements

(1)

The Minister may authorise a board to run a multiple timetable arrangement for a specified period at a specified school if the Minister—

(a)

is satisfied that the board has adequately consulted parents, staff, and the local community about the proposed multiple timetable arrangement; and

(b)

considers that the proposed multiple timetable arrangement is appropriate in the circumstances.

(2)

An authorisation under subclause (1) may be given unconditionally or subject to any conditions the Minister thinks fit.

(3)

A board must take all reasonable steps to notify every affected student and a parent of the student in writing of—

(a)

a multiple timetable arrangement authorised under subclause (1); and

(b)

the time periods for each day during which the affected student’s timetable runs.

Compare: 1989 No 80 s 65DA

6 Application of provisions

(1)

The powers conferred on the Minister by clauses 1 to 6 may be exercised in respect of all schools, schools of a particular classification or description, or specified schools.

(2)

Clauses 1 to 6 have effect as if specialist schools and special services were State schools.

Compare: 1989 No 80 s 65F

7 Minister to act by means of instructions

(1)

The Minister’s powers under clauses 1 to 6 may be exercised only by written instruction signed by the Minister.

(2)

However, the Minister may delegate their powers under clause 4(2) to the Secretary and, if the Minister does so,—

(a)

the Secretary must exercise the powers in respect of individual schools only; and

(b)

the delegation does not limit or affect the exercise of the powers by the Minister.

Compare: 1989 No 80 s 65G