Education and Training Bill

Hon Chris Hipkins

Education and Training Bill

Government Bill

193—1

Contents

Explanatory note
1Title
2Commencement
3Outline of Act
4Purpose of Act
5Minister may issue statement of national education and learning priorities
6Statement of expectations
7Tertiary education strategy
8International education strategy
9Te Tiriti o Waitangi
10Interpretation
11Transitional, savings, and related provisions
12Act binds the Crown
13Outline of Part 2
14Purpose of Part 2
15Service providers operating early childhood education and care centres must be licensed
16Certain other service providers may be licensed
17Ministerial approval required for licensing application
18Requirements for licensed home-based education and care service
19Playgroups may be certified
20Application of Legislation Act 2012 to certain material incorporated by reference
21Records
22Curriculum frameworks
23Prohibition on corporal punishment and seclusion in early childhood services
24Police vetting in respect of early childhood education services
25Kindergarten attendance fees
26Parent’s right to entry
27Service providers must be licensed
28Offence relating to obstruction of power of entry
29Offence of insulting, abusing, or intimidating teacher or staff
30Outline of Part 3
31Purpose of Part 3
32Right to free enrolment and free education at State schools (including entitlement to attend full-time)
33Students with special educational needs have same rights to education at State schools as others
34Domestic students aged between 6 and 16 years must be enrolled at registered school
35Students of registered schools required to attend whenever schools are open
36Special education enrolment
37Long-term exemptions from enrolment
38Exemption from enrolment of student who has turned 15
39Effect of exemption under section 37 or 38
40Exemption of person placed in residence or programme under Oranga Tamariki Act 1989
41Exceptions to attendance because of well-being or transitional plan
42Exemption from attendance because of walking distance to school or some other reason
43Exemption of student from attendance for period of no more than 5 days
44Secretary may require enrolment of certain children at distance school
45Reconsideration of special education enrolment
46Board of State school may appoint attendance officer
47Powers of attendance officers and constables
48Release from tuition on religious or cultural grounds
49Release from tuition for specified parts of health curriculum
50Release from tuition for outside tuition or if good reasons to leave early
51Courses, work experience, and visits outside school premises
52Restrictions on employing school-age children
53Application
54Religious instruction and observances in State primary and intermediate schools
55Additional religious instruction
56Student attendance at religious instruction must be confirmed
57Student attendance at religious observances not compulsory
58Teacher may be released from duties to take part in religious instruction or observances
59Exemptions from taxation
60Restrictions on primary school enrolment
61Cohort entry policy
62Dates for starting school under cohort entry policy
63Adoption or revocation of cohort entry policy
64Publication of mid-term start dates
65Restrictions on secondary school enrolment
66Restrictions on enrolment at distance school
67Some domestic students may have to pay fees for tuition from distance schools
68Adult and community education
69Purpose and principles
70Content of enrolment scheme
71How enrolment schemes work
72Secretary may direct that students attend particular schools
73Principals may preclude students for health reasons
74Purpose of sections 75 to 85
75Application of sections 76 to 85
76Principals of State Schools may stand down or suspend students
77Powers of State school board when suspended students aged under 16 years
78Secretary’s powers when excluded students aged under 16 years
79Powers of State school board when suspended students aged 16 years over
80Duties of principals when students stood down or suspended from State schools
81Who may attend State school board meeting concerning suspensions
82Effect of suspension on school register
83Re-enrolment of excluded or expelled student
84Notice requirements for stand-downs, suspensions, exclusions, and expulsions
85Secretary may make rules
86Curriculum statements and national performance measures
87Board of State school must consult about delivery of health curriculum
88Restrictions on appointment of teachers
89Restrictions on continued employment of teachers
90Chief executive of distance school not required to be registered
91Restrictions on teachers subject to interim suspension
92Further provisions relating to registration of teachers, practising certificates, and authorities to teach
93Teaching in State primary and intermediate schools must be secular
94Prohibition on corporal punishment and seclusion in schools
95Limits on use of physical force at registered schools
96Rules on use of physical force at registered schools
97Guidelines on use of physical force at registered schools
98Students at State school may be released from tuition or for outside tuition
99Students at State schools must receive guidance and counselling and their parents must be told about certain things
100Required police vetting
101Interpretation
102Surrender and retention of property
103Searches of clothing and bags or other containers
104Restrictions on searches under section 103
105Limits on sections 102 and 103
106Prohibitions on searches by contractors
107Refusal to produce, reveal, or surrender item
108Power to search storage containers not affected
109Rules about surrender and retention of property and searches
110Guidelines about surrender and retention of property and searches
111When State schools must be open
112Communities of learning for State schools
113State schools may use off-site locations approved by Minister
114State schools and special institutions must have boards
115Constitution of boards of State schools
116Proprietors of State integrated schools may vary number of board members they appoint
117Boards may alter their constitutions
118Composition of boards of special institutions
119Other provisions relating to boards
120Board is governing body
121Bylaws
122Objectives of boards in governing schools
123Staff
124Boards may appoint principal
125Principal is chief executive of board in relation to school’s control and management
126Board has complete discretion
127Things boards may do
128Board’s policies and practices must reflect cultural diversity
129Statements of variance and annual reports
130Audit
131Annual report to be made available
132Annual financial statements of boards
133School strategic plan and annual implementation plan
134Preparing draft strategic plan
135Secretary to review and approve draft strategic plan
136Amending strategic plan
137Expiry of strategic plan
138Preparing annual implementation plan
139Amending annual implementation plan
140Board to monitor performance against strategic planning documents
141Strategic planning documents to be on Internet site
142 Board to be financially responsible
143Application of Crown Entities Act 2004
144Restrictions on acquisition of securities
145Restrictions on borrowing
146No delegation of power to borrow
147Restrictions on giving of guarantees and indemnities
148Restrictions on use of derivatives
149Gifts
150Real property
151Teaching and learning programmes
152Monitoring of and reporting on student performance
153Code of conduct for board members
154Boards may augment code of conduct for board members
155Board members must comply with code of conduct
156Sanctions for failures to comply with code of conduct
157Validation and invalidation of board elections
158Interventions in State schools by Secretary or Minister
159Requirement to provide information
160Specialist help
161Action plans
162Case conference
163Specialist audit
164Performance notice
165Appointment of additional board member by Minister
166Amendment and revocation of notices
167Limited statutory manager
168Dissolution of board and appointment of commissioner
169No compensation for loss of office
170Commissioners
171Commissioner sets date for election of board members
172Protection of limited statutory managers and commissioners
173Annual review of interventions
174Application of interventions to State integrated schools
175Application of interventions to Kura Kaupapa Māori
176Overview: classifications and types of State schools
177Minister may establish State schools
178Single-sex schools
179Names of State schools
180Normal schools, etc
181Contributing schools
182Provision of education at composite schools
183Distance schools
184Specialist schools and special services
185Minister may change classification of school
186Minister may close State school
187Minister may designate and redesignate schools
188Kura Kaupapa Māori
189Te Aho Matua
190Protection of term Kura Kaupapa Māori
191Designated character schools
192Process for establishing designated character schools
193Minister may merge schools
194Restrictions on mergers in certain cases
195Consultation
196Community education forums
197State integrated schools part of State system
198Application to negotiate integration
199Secretary may require application for registration of school
200Registration of private schools
201Recognition of secondary–tertiary programmes
202Purpose
203Meaning of serious dispute
204Dispute resolution panels
205Chief Referee and deputy chief referees
206Functions of Chief Referee
207Application for dispute resolution
208Dispute resolution process
209Recommendations
210Further provisions relating to determination
211Participation in dispute resolution process
212Settlements
213Duty of panel members to act independently
214Panel members not personally liable
215Confidentiality
216School transport
217School transport assistance
218Enrolment records
219Building Act 2004
220Offence relating to failure to comply with notice given under section 44
221Offence relating to employing school-age children
222Offence relating to insulting, abusing, or intimidating teachers or staff members of registered schools
223Offence relating to interference with attendance officers
224Offence relating to failure to enrol
225Offence relating to irregular attendance
226Hearings of proceedings may be private
227Evidence of school roll, etc
228Burden of proof on parents
229Fines to be paid to board
230Offences relating to operation of private schools
231Outline of Part 4
232Purpose of Part 4
233Objectives of Part 4
234Roles within tertiary education sector
235Ministry may hold and disseminate information
236Enrolment of students
237Fees for domestic students
238Ministerial direction to institutions relating to compulsory student services fees
239Institutions to give prospective students information about fees
240Provisions about student loans and allowances and Student Allowances Appeal Authorities
241Programmes
242Membership of students association voluntary
243Prohibition on undue influence
244Complaints regarding undue influence
245Students association membership fees
246Application of sections 242 to 245 to private training establishments
247Academic freedom and institutional autonomy of institutions (other than NZIST)
248Establishment of institutions
249Constitution of institutions
250Disestablishment of institutions
251Institutions to be governed by councils
252Incorporation
253Common seal
254Method of contracting
255Constitution to provide for membership of council
256Membership of council
257Certain people disqualified from appointment
258Matters to be considered when appointing council members
259Statutes relating to appointment of members by councils of institutions
260Functions of councils
261Duties of councils
262Powers of institutions
263Powers of councils
264Statutes
265Delegation of council’s functions and powers
266Further provisions relating to delegation
267Criteria for risk assessment of institutions (other than NZIST)
268Institutions to provide information to TEC if required
269Minister may appoint Crown observer
270Minister may dissolve council and appoint commissioner
271Protection of commissioners
272Functions, duties, and powers of commissioner
273Minister to appoint advisory committee
274Minister may appoint Crown observer
275Specialist help
276Performance improvement plan
277Minister may appoint Crown manager
278Protection of Crown manager
279Minister may dissolve NZIST’s council and appoint commissioner
280NZIST’s council may request intervention
281Duties of chief executive
282Delegation of chief executive’s functions and powers
283Further provisions applying to delegation
284Bank accounts
285Proper accounts to be kept
286How institutions may use income and capital
287Gifts
288Council may establish common fund
289Investment of funds held in common fund
290Income and capital of common fund
291Application of money
292Institutions are Crown entities
293Annual report
294Minister may require related entities to prepare statements or reports
295Annual report to be available for inspection
296Records relating to students
297Secretary may require information
298Vice-Chancellors Committee continued
299Functions of Vice-Chancellors Committee
300Powers of Vice-Chancellors Committee
301NZIST established
302Functions of NZIST
303NZIST’s charter
304Minister may specify administrative regions for NZIST
305Academic freedom of NZIST
306NZIST must establish regional divisions
307Membership of NZIST’s council
308Matters to be considered when Minister appoints members to NZIST’s council
309Chairperson and deputy chairperson
310Term of office
311Determination of policy
312NZIST’s council must establish advisory committees
313Membership of advisory committees
314NZIST and NZIST subsidiary must obtain consent for certain capital projects
315NZIST subsidiary must obtain consent before exercising powers under section 262(4)
316Criteria for risk assessment of NZIST and related entities
317NZIST or related entity must provide information if required
318Additional provisions of Crown Entities Act 2004 that apply to NZIST’s council
319 Formation of NZIST subsidiaries
320Duration of NZIST subsidiaries
321NZIST council may dissolve NZIST subsidiary
322Application of Schedule 14
323Minister may recognise community tertiary education provider
324Requirement to be registered before providing approved programmes or training schemes
325Application for registration as registered establishment
326NZQA may verify identity of governing members of private training establishment
327Grant or refusal of application
328Criteria for determining whether governing member is fit and proper person
329Conditions of registration
330Annual registration fee
331Cancellation of registration
332Effect of cancellation
333Lapse of registration
334Fees for domestic students and employers may not exceed maximums set in conditions of funding
335Information that private training establishments must give prospective students
336Application of rules relating to student fee protection
337Student fees must be deposited with independent trustee
338Refund entitlements of domestic students
339Rules apply if students withdraw because of programme or training scheme closure
340Requirement that funds be paid applies to all components of fee payable
341Ministerial direction to registered establishments relating to compulsory student services fees
342Duties of private training establishments to maintain student records
343Training contracts and apprenticeship training agreements part of employment agreement
344Establishment of workforce development councils
345Disestablishment of workforce development councils
346Incorporation
347Functions of workforce development councils
348Workforce development council’s functions in relation to wānanga
349Workforce development council may not operate registered establishment
350Obligations of workforce development councils
351Annual fee payable by workforce development council
352NZQA may issue quality assurance improvement notice
353NZQA may issue compliance notice
354Apprenticeship training activities must be included in proposed plan
355Obligations of persons carrying out apprenticeship training activities
356Minister may issue apprenticeship training code
357Availability of apprenticeship training code
358Apprenticeship training code to be taken into account by mediator, Employment Relations Authority, and Employment Court
359Purpose of levy
360Levy may be imposed by Order in Council
361Restrictions on making of levy orders
362Further provisions relating to training levy
363Offences relating to information requests
364Other offences relating to information requests
365Offences relating to handling students fees
366Offences relating to duties to maintain student records
368Offences relating to use of certain terms
369Offences relating to false representations
370Offence to issue false qualifications and falsify records
371Offence to provide or advertise cheating services
372Offence relating to registration of private training establishments
373Offences relating to enrolment of international students at private training establishments or institutions
374Offences relating to allowances and student loans
375Injunctions and orders of High Court
376Liability of body corporate and directors in respect of certain offences
377Outline of Part 5
378Outline of framework for planning, funding, and monitoring in tertiary education sector
379TEC continued
380Composition of TEC
381Chief executive
382Responsibilities of chief executive
383Chief executive must monitor and report on institutions
384Declaration of interests
385Principles guiding how TEC operates
386Functions of TEC
387Duties of TEC in relation to workforce development councils
388Power of TEC to require information from workforce development council
389Power of TEC to audit workforce development councils
390Secretary may delegate certain functions and powers to TEC
391Charging
392Application of Commerce Act 1986
393Minister may delegate functions or powers to TEC
394Minister may direct TEC
395Chief executive of TEC may require NZIST’s council to provide information
396Minister must determine design of funding mechanisms
397TEC may fund tertiary education programmes and activities
398Conditions on receiving funding
399Funding other than via plans
400Conditions on funding received under section 399
401NZQA continued
402Constitution
403Chief executive of NZQA
404Functions of NZQA
405Additional functions of NZQA relating to entrance to universities
406Research
407Qualifications Framework
408Directory of Assessment Standards
409Standard-setting bodies
410Approval of programmes
411Conditions on programme approvals
412Accreditation to provide approved programmes
413Conditions on accreditation
414Lapse of accreditation
415Withdrawal of accreditation
416Application for training scheme approval
417Conditions of training scheme approval
418Lapse of training scheme approval
419Withdrawal of training scheme approval
420Consent to assess against standards
421Conditions on consent
422When consent expires or ceases to have effect
423Rules
424Exercise of certain powers of NZQA by Vice-Chancellors Committee
425Powers of NZQA in granting of awards
426NCEA may not be awarded outside New Zealand
427Minister may consent to use of certain terms in name or description of registered establishment or wānanga
428Fees
429Power to obtain information
430Compliance notices
431Membership of Government Superannuation Fund
432Child care allowances
433Taxation
434Education services to which this subpart applies
435Chief Review Officer to perform certain functions
436Review officers
437Powers of entry and inspection for places other than dwelling houses
438Review officers to prove identity
439Functions of Chief Review Officer
440Review officers
441Powers of review officers for purposes of section 439
442Review officers to prove identity before acting under section 441
443Functions of Chief Review Officer
444Review officers
445Powers of review officers for purposes of section 443
446Review officers to prove identity before acting under section 445
447Continuation of Teaching Council
448Composition of Teaching Council
449Ministerial appointment as member
450Disqualification from office
451Functions of Teaching Council
452Powers of Teaching Council
453Ministerial powers
454Issue of statement of Government policy relating to Teaching Council’s functions
455Reports
456Advisory committees
457Code of conduct
458Teaching Council to make rules
459Delegations
460Chief executive and employees
461Mandatory reporting of dismissals and resignations
462Mandatory reporting of complaints received about former employees
463Mandatory reporting of possible serious misconduct
464Mandatory reporting of failure to reach required level of competence
465Mandatory reporting of convictions
466Disciplinary bodies
467Complaints about conduct
468Complaints and reports relating to teacher conduct
469Powers of Complaints Assessment Committee
470Interim suspension until matter about or involving possible serious misconduct concluded
471Duration of interim suspension
472Powers of Disciplinary Tribunal
473Evidence at Disciplinary Tribunal hearings
474Powers of Disciplinary Tribunal in relation to witnesses
475Privileges and immunities
476Appeals from decisions of disciplinary bodies
476ACompetence Authority
477Complaints about competence
478Investigation by Teaching Council of mandatory reports relating to competence and referral to Competence Authority for decision
478APowers of Competence Authority after finding required level of competence not attained
478BAppeals from decisions of Competence Authority
479Education New Zealand continued
480Functions
481Membership of board of Education New Zealand
482Special advisers to the board
483International education advisory committee
484Chief executive
485Responsibilities of chief executive
486Superannuation
487Application of Part 2 of Commerce Act 1986
488Purpose of subpart 6
489Enrolment of international students
490Certain international students may enrol at State schools as of right
491Fees for international students
492Exemption from paying fees
493Board must reimburse the Crown for expenditure relating to international students
494Courses for international students
495Enrolment of international students
496Fees for international students
497Requirements that private training establishments must comply with before enrolling international students
498Exemptions
499Refund entitlements of international students
500Refund requirements set by Gazette notice
501Private training establishment to notify immigration officer if student withdraws from programme or training scheme
502Signatory providers may enrol persons as international students
503Providers must enrol persons as international students in certain circumstances
504Pastoral care codes of practice
505Student contract dispute resolution scheme established
506Cap on amount to be paid
507District Court to enforce DRS
508Rules of student contract dispute resolution scheme
509How export education levy may be applied
509AOffence relating to award of NCEA outside New Zealand
510Offence relating to failure to report
511Other offences
512Offence relating to breach of code resulting in serious harm to or death of students
513Pecuniary penalty relating to breach of code
514Relationship between offences and penalties
515Outline of Part 6
516Funding of certain early childhood services and certified playgroups
517Loans to licensed early childhood services
518Grants and supplementary grants for boards
519Discretionary grants for boards
520Minister may prescribe exemptions to mandatory condition
521Application of Legislation Act 2012
522Effect of non-compliance with earlier discretionary grants
523Grants for distance schools
524Grants to educational bodies
525Educational bodies to keep accounts
526Reduction in grants if limits not met
527Centres situated on property owned by, or leased to, the Crown
528Minister may declare land to be no longer needed for educational purposes
529Rent for teachers’ residences
530Transfer of Crown assets and liabilities to institutions
531Transfer of land
532Title to land
533Land certification
534Māori land claims
535Registrar-General of Land to register memorial
536Resumption of land on recommendations of Waitangi Tribunal
537Resumption of land to be effected under Public Works Act 1981
538Resumption of wāhi tapu
539Orders in Council relating to transfer of assets and liabilities
540Effect of disestablishment of institution
541Taxes and duties where disestablished institution incorporated into another institution
542Taxes and duties in other cases
543School risk-management scheme
544School risk-management scheme fee
545Payroll service
546Salaries of teachers at certain schools to be paid by the Crown
547Restrictions on payment of salaries of regular teachers by boards of payrolled schools
548Payment of salaries of relieving teachers and employment-based trainee teachers
549Limits on appointment and employment of regular teachers at payrolled schools
550Boards to comply with limit
551Secretary may grant exemptions in individual cases
552Application of Employment Relations Act 2000
553Negotiation of conditions of employment
554State Services Commissioner’s powers when collective agreements are negotiated
555Boards indemnified by State Services Commissioner
556Strikes in schools to be notified
557Employers to notify State Services Commissioner about participation in strikes
558Personal grievances and disputes
559Delegation of State Services Commissioner’s powers
560Negotiation of conditions of employment for employees of institutions
561Senior positions at institutions
562Actual conditions of employment
563Immunity for education service chief executives and employees
564General principles
565Code of conduct
566Performance of teachers
567Equal employment opportunities
568Employees of institutions
569Duty to act independently
570Appointments on merit
571Obligation to notify vacancies
572Restriction of compensation for technical redundancy arising from closure or merger of schools
573Appointment of employees following closure or merger of schools
574Acting appointments
575Chief executives of institutions
576Appointment of chief executive
577Reappointment of chief executive
578Conditions of employment of chief executive
579Removal from office
580Acting chief executive
581Power of Secretary to employ teachers
582Employment-based trainee teaching positions
583Bonds for trainee teachers
584Minister must issue eligibility criteria relating to appointment of principals
585Board may develop additional criteria relating to appointment of principals
586Secretary may require information for administration of Act
587Report on performance of school sector
588National student numbers
589Power to enter and inspect, without warrant, homes used by home-based early childhood education services
590Powers of entry and inspection without warrant
591Powers of entry and inspection with warrant
592Powers of entry and inspection
593Entry where private school suspected of being unregistered
594Purpose of sections 595, 596, and 606
595Entry to inspect hostels
596Authorised persons
597Powers of entry and inspection
598Entry and inspection powers elsewhere in Act
599Regulations relating to licensing early childhood services
600Regulations relating to certification of playgroups
601Regulations relating to how State schools must be run
602Regulations about planning, implementation, monitoring, and reporting
603Regulations about board elections
604Export education levy
605Regulations relating to school risk-management scheme
606Regulations relating to school hostels
607Regulations relating to dispute resolution panels
608Regulations relating to student allowances
609Procedures to be prescribed
610Regulations for charging by TEC
611Regulations
612Regulations relating to State integrated schools
613Offence relating to attempt to influence employers
614Offences relating to national student numbers
615Offences relating to false representations
616Offence relating to obstructing power of entry
617Offence relating to inspection of hostels
618Offence relating to powers of entry and inspection
619Offence relating to breach of order of Student Allowance Appeal Authority
620Consequential amendments
621Repeals

The Parliament of New Zealand enacts as follows: