Education (Update) Amendment Bill

Hon Hekia Parata

Education (Update) Amendment Bill

Government Bill

160—2

Contents

Commentary
Key
1Title
2Commencement
3Education Act 1989 amendedPrincipal Act
4New Part 1AA inserted
1AMinister may issue statement of National Education and Learning Priorities
5Section 2 amended (Interpretation)
6New section 2A inserted (Transitional, savings, and related provisions)
2ATransitional, savings, and related provisions
7Section 3 amended (Right to free primary and secondary education)
8Section 4D amended (Boards to reimburse the Crown for expenditure in respect of international students)
9Section 5 replaced (Restrictions on enrolment at primary school)
5Restrictions on enrolment at primary school
10New sections 5A to 5C inserted
5ACohort entry policy
5BDetermining term start dates under cohort entry policy
5CAdoption or revocation of cohort entry policy
11Sections 7 and 7A repealed
12Section 11B amended (Interpretation)
13Section 11H amended (Process for developing and adopting enrolment scheme)
14New section 11IA inserted (Development of enrolment scheme by Secretary)
11IADevelopment of enrolment scheme by Secretary
15Section 11J amended (Information about school’s enrolment scheme)
16Section 11K amended (Commencement of enrolment scheme)
17Section 11M amended (Amendment of enrolment scheme)
18Section 11P amended (Secretary may direct board to enrol applicant)
19Section 11PB amended (Enrolment schemes of certain State schools)
20Section 16 amended (Secretary’s powers when excluded student younger than 16)
21Section 17 amended (Re-enrolment of excluded or expelled student) (Board’s powers when suspended student 16 or older)
22Section 17B amended (Who may attend board meeting concerning suspensions)
23Section 17D amended (Re-enrolment of excluded or expelled student)
24Section 18AA amended (Secretary may make rules)
25Section 20 replaced (New Zealand citizens and residents between 6 and 16 to go to school)
20New Zealand citizens and residents between 6 and 16 must be enrolled at registered school or full enrolling community of online learning
26Section 21 amended (Long term exemptions from enrolment)
27Section 22 amended (Secretary may exempt from enrolment)
28Section 23 amended (Effect of exemption)
29Section 24 amended (Penalty for failure to enrol)
30Section 25 amended (Students required to enrol must attend school)
31Section 25A amended (Release from tuition on religious or cultural grounds)
32Section 28 replaced (Secretary may require parents of certain children to enrol them at correspondence school)
28Secretary may require parents of certain children to enrol them at full enrolling community of online learning
33Section 29 amended (Penalty for irregular attendance)
34Section 30 amended (Employment of school-age children)
35New section 35GA and cross-heading inserted
35GAManager must have regard to statement of National Education and Learning Priorities
36Section 35Q amended (Suspensions and expulsions of students from private schools to be notified to Secretary)
37New section 35S and cross-heading inserted
35SEntry where private school suspected of being unregistered
38New Part 3A inserted
35TProvisional accreditation of communities of online learning
35UConditions on provisional accreditation of communities of online learning
35VDuration of provisional accreditation of communities of online learning and renewal of accreditation
35WReview of provisionally accredited communities of online learning
35XFull accreditation of communities of online learning
35YConditions on full accreditation of communities of online learning
35ZReview of accredited communities of online learning
35ZAApplication of interventions in communities of online learning
35ZBMinister’s actions in regard to accredited communities of online learning
35ZCCancellation of accreditation in particular cases
35ZDSuspension of accreditation if welfare of students may be at risk
35ZEDuties of communities of online learning
35ZFEnrolment at full enrolling communities of online learning
35ZGFees for enrolment or tuition at communities of online learning
35ZHSuspensions and expulsions of students from full enrolling communities of online learning to be notified to Secretary
35ZIProvision by community of online learning for students enrolled at full enrolling community of online learning or State school
35ZJGrants for communities of online learning
35ZKRecord keeping in relation to grants made to communities of online learning
35ZLProviding accounts for communities of online learning to Secretary
35ZMSecretary must publish register of accredited communities of online learning
35ZNCommunities of online learning must advise Secretary if ceasing operation
35ZORegulations relating to communities of online learning
39Section 60 amended (Interpretation)
40New cross-heading above section 60A inserted
41Section 60A amended (National education guidelines)
42Section 60B amended (Consultation about treatment of health curriculum)
43Sections 61 to 63B replaced
61Teaching and learning programmes
62Monitoring of and reporting on student performance
44Section 65 repealed (Staff)
45Sections 65H to 70C repealed
46Section 71 amended (Courses and visits)
47New section 71A inserted (Off-site locations for schools)
71AOff-site locations for schools
48Sections 72 to 75 replaced
75Minister may declare land to be no longer needed for educational purposes
75ACommunity of learning approved by Minister
75BSecretary may enter agreement with community of learning
75CCommunity of learning that has agreement with Secretary must also prepare plan
75DReport to Secretary by community of learning
75EPerformance review of community of learning
49Section 77 amended (Guidance and counselling)
50New cross-heading above section 78 inserted
51New cross-heading above section 78A inserted
51ASection 78A amended (Powers of entry and inspection)
52Section 78B repealed (Entry where private school suspected of being unregistered)
53New cross-heading above section 78C inserted
54New cross-heading above section 78D inserted
55Section 78H amended (Purpose of Part)
56Section 78I amended (Application of interventions)
57Section 78J amended (Requirement to provide information)
58Section 78K amended (Specialist help)
59Section 78L amended (Action plans)
60New sections 78LA to 78LE inserted
78LACase conference
78LBSpecialist audit
78LCPerformance notice
78LDAppointment of additional trustee by Minister
78LEAmendment and revocation of notices
61Section 78M amended (Limited statutory manager)
62Section 78O amended (Commissioners)
63Section 78R amended (Annual review of interventions)
64Section 78S amended (Application of interventions to integrated schools)
65Part 8 heading amended
66Section 81A repealed (Grants for correspondence schools)
67Section 87 amendedreplaced (Annual reports)
87Statements of variance and annual reports
68New section 87AB inserted (Annual report to be made available)
87ABAnnual report to be made available
69Part 8A heading amended
70Section 91A amended (Interpretation)
71Section 91B replaced (Application)
91BApplication
72Section 92 amended (Interpretation)
73New cross-heading above section 93 inserted
74Section 93 amended (Schools and special institutions to have boards of trustees)
75New cross-heading above section 94 inserted
76Section 94 amended (Constitution of boards of State schools)
77Section 94A amended (Proprietors of integrated schools may vary number of trustees they appoint)
78Section 94C repealed (Limitations on co-option and appointment of trustees)
79Section 95 amended (Boards of correspondence schools and certain other educational institutions)
80Section 98 amended (Boards of newly established schools)
81New sections 98A to 98C and cross-heading inserted
98AMinister may approve alternative constitution in certain cases
98BConsequences of approval of alternative constitution
98CActions of boards not to be questioned for informality in membership
82Section 100 replaced (Availability of annual report)
100Limitations on co-option and appointment of trustees
83Section 101 amended (Elections of trustees)
84New sections 101C and 101D and cross-heading inserted
101CProvisions relating to board with staggered election cycle where commissioner appointed
101DValidation and invalidation of elections of boards
85New cross-heading above section 103 inserted
86Section 103B amended (Requirements before appointment)
87New cross-heading above section 104 inserted
88Section 104 amended (When casual vacancies arise)
89Sections 105A and 109A repealed and new cross-heading inserted
90Section 110 amended (Boards may combine)
91Section 110A amended (Minister may combine boards at establishment)
92Section 111 amended (Restrictions on combining)
93Section 116A amended (Appointment of principal of combined board)
94New cross-heading above 117 inserted
95Section 118 amended (Regulations)
96New section 118A inserted (Regulations about planning, implementation, monitoring, and reporting)
118ARegulations about planning, implementation, monitoring, and reporting
96ANew sections 139AB to 139AE inserted
139ABNo seclusion at or on behalf of registered school or early childhood service
139ACLimits on use of physical restraint in schools
139ADRules on physical restraint
139AEGuidelines on physical restraint
97Section 141 repealed (Consequential amendments to Private Schools Conditional Integration Act 1975)
97ASection 144A amended (Secretary may require information for proper administration of Act)
98New section 145AAA inserted (Purpose of Part)
145AAAPurpose of Part
99Section 145 amended (Interpretation)
100Section 146 amended (Minister may establish schools)
100ASection 147 amended (Names of State schools)
101Section 148 amended (Normal schools, etc)
102Section 149 amended (Intermediate departments)
103Section 150 amended (Contributing schools)
104Section 151 amended (Provision of education at composite schools)
105Section 152 repealed (Correspondence schools)
106Section 153 amended (Minister may change class of school)
107Section 154 amended (Closure of schools)
107ASection 154A amended (Minister may redesignate, or remove designation from, schools)
108Section 155 replaced (Kura Kaupapa Maori)
155Kura Kaupapa Māori
108ASection 155D amended (Provisions applying to Kura Kaupapa Maori established before commencement of Education (Te Aho Matua) Amendment Act 1999)
108BSection 155E amended (Acknowledgment of adoption of Te Aho Matua)
108CSection 155F amended (Protection of term Kura Kaupapa Maori)
109Section 156 replaced (Designated character schools)
156Designated character schools
156AAProcess for establishing designated character schools
110Section 156A amended (Minister may merge schools)
111Section 156AB amended (Election or appointment of boards of continuing schools)
112Section 156AC amended (Alternative constitutions for continuing schools)
113Section 157 amended (Consultations)
114Section 158A amended (Interpretation)
115Section 158G amended (Sponsor’s duties)
116Section 158R amended (Secretary’s powers when student younger than 16 is excluded from partnership school kura hourua)
116ASection 158U amended (Application of this Act to partnership schools kura hourua)
117Section 159AAA amended (Object of provisions relating to tertiary education)
118Section 159 amended (Interpretation)
119Section 159AB amended (Importance of tertiary education strategy)
120Section 159AE amended (Ministry may hold and disseminate information)
121Section 159E replaced (Charging)
159ECharging
122Section 159F amended (Functions of Commission)
123New sections 159FA to 159FD inserted
159FAOffers of employment in equivalent positions for Careers New Zealand employees
159FBEffect of offers on certain agreements and entitlements
159FCNo compensation for technical redundancy of employees of Careers New Zealand
159FDRepeal of sections 159FA to 159FD
124Section 192 amended (Powers of institutions)
125Section 238D amended (Interpretation)
126Section 238I amended (Purpose and administration of export education levy)
127Section 246 amended (Interpretation)
127ASection 253 amended (Rules)
128Part 22 repealed
128ASection 317 amended (Regulations relating to licensing)
128BSection 319 amended (Regulations relating to certification of playgroups)
129Section 319J amended (Centres situated on property owned by, or leased to, the Crown)
130Section 342 amended (Interpretation)
131Section 348 amended (Interpretation)
131ANew section 350A inserted (Special provision for chief executive of correspondence school)
350ASpecial provision for chief executive of correspondence school
131BSection 350A replaced (Special provision for chief executive of correspondence school)
350ASpecial provision for chief executive of enrolling community of online learning that was correspondence school
132Section 357 amended (Cancellation of registration as a teacher)
133Section 359 amended (Education Council to keep register of people registered as teachers)
134Section 362 amended (Cancellation of practising certificate)
135Section 367 amended (Cancellation of limited authority to teach)
136Section 371 amended (Education Council to keep list of persons who have limited authority to teach)
137Section 378 amended (Interpretation)
138Section 388 amended (Education Council to make rules)
139Section 409 amended (Appeals)
140New section 410AA inserted (Competence Authority)
410AACompetence Authority
141Section 410 amended (Complaints about competence)
142Section 411 amended (Investigation of mandatory reports about competence)
143Section 412 replaced (Powers of Education Council after finding required level of competence not attained)
412Powers of Competence Authority after finding required level of competence not attained
412AAppeals from decisions of Competence Authority
144New Part 33 inserted
414Interpretation
415Part to bind the Crown
416Preservation of special character of State integrated schools
417State integrated schools part of State system
418Application to negotiate integration
419Applications relating to proposed schools
420Negotiation of integration agreements
421Integration agreements
422Other matters that may be included in integration agreements
423Integration agreements: machinery matters
424Effective date of integration agreement
425Notification of integration agreement
426Minister may require information to be provided
427Cancellation of integration agreement
428Cancellation by Minister
429Cancellation by proprietor
430Cancellation by agreement between parties
431Mergers
432Closure of State integrated school
433Notification of cancellation or of closing of State integrated school
434Disposal of assets on cancellation of integration agreement or closing of State integrated school
435Repayment of moneys advanced
436Moneys to be paid into Crown Bank Account
437Certain assets remain vested in proprietors
438Restriction on cancellation of integration agreement or closure of State integrated schools
439Compensation
440Administration of State integrated schools
441Free education
442Preference of enrolment
443Participation in general school programmes
444Instruction of students
445Religious observances and religious instruction
446School transport assistance
447Attendance dues
448Withdrawal and reinstatement of right to charge attendance dues
449Consequences of failure to pay attendance dues
450Accounts for attendance dues
451Financial contributions
452Restrictions on fund-raising
453Accounts of money raised under section 451
454Fund-raising
455Use of school office
456Powers and responsibilities of proprietors
457Decision-making criteria for proprietors
458Consequences of failure to arrange insurance
459Proprietors not to question curriculum or teaching methods
460Leases of land
461Assistance to proprietors
462Proprietors unable to meet obligations
463Requirements in respect of appointments of teachers
464Religious instruction: appointments to special positions relating to character of State integrated school
465Effect of religious instruction requirements in advertisements
466Restrictions on requirement for teacher to take part in religious instruction
467Other special positions
468Selection for appointment
469Requirements in respect of appointments
470Employment for special purposes
471Appointment of teachers on integration
472Other employees
473No compensation for determination of employment
474Grants to private schools before integration
475Relationship between this Part and other Parts and other enactments
476Regulations relating to State integrated schools
145New Schedule 1 inserted
146Schedule 5A amended
147Schedule 6 replaced
148Repeal
148AEducation (Early Childhood Services) Regulations 2008 amended
149Consequential amendments to other enactments
Legislative history

The Parliament of New Zealand enacts as follows: