Reprint

as at 17 September 2007

# Education (2006 Area School Staffing) Order 2005

(SR 2005/242)

Education (2006 Area School Staffing) Order 2005: revoked, on 17 September 2007, by clause 79(d) of the Education (2008 School Staffing) Order 2007 (SR 2007/228).

###### Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This order is administered in the Ministry of Education.

Pursuant to section 91H(1) of the Education Act 1989, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

## Contents

##### 1 Title

This order is the Education (2006 Area School Staffing) Order 2005.

##### 2 Commencement

This order comes into force on 15 September 2005.

##### 3 Application

This order applies only to state area schools, and only to the 2006 school year.

## Part 1

Preliminary

##### 4 Interpretation

(1) In this order, unless the context otherwise requires,—

Act means the Education Act 1989

area school means a school, established under section 146 of the Act as a composite school, that offers education at a level below Form 1

beginning teacher, at any time, means a teacher who,—

(a) at that time, has completed less than 24 months' teaching; and

(b) at that time, holds a teaching position to which the teacher was appointed for a period of at least 10 weeks; and

(c) before taking up that position, had completed a course of teacher training recognised by the Secretary for the purposes of this order

Board, in relation to an area school, means the school's Board

FTTE means full-time teacher equivalent

junior staffing roll, in relation to an area school, means the roll estimated for it under clause 7(1)

kura teina means a unit that—

(a) operates in accordance with Te Aho Matua (as defined in section 155A of the Act), or in accordance with a similar approach to teaching and learning; and

(b) is, with the approval of the Minister (as defined in section 145(1) of the Act), provided with governance, management, mentoring, and professional support by a kura tuakana; and

(c) may, but need not, be on the same site or sites as the kuratuakana

kura tuakana, in relation to a kura teina, means the school that, with the approval of the Minister (as defined in section 145(1) of the Act), provides governance, management, mentoring, and professional support for the kura teina, because the school is a kura kaupapa Maori established under section 155 of the Act and, in that Minister's opinion,—

(a) is, in the light of reports on the school prepared by the Education Review Office, a school of high quality; and

(b) is capable of providing governance, management, mentoring, and professional support for the kura teina

Maori-medium roll, in relation to a school, means the number of the school's Maori-medium students

Maori-medium student, in relation to a school, means a student of the school for whom the curriculum is taught in Maori for more than 12.5 and up to 25 hours per week

March rolls and list, in relation to an area school, means the school's rolls and list confirmed under clause 13 or clause 14

middle management allowance means an allowance allocated by the Board to a teacher for undertaking duties in an area school recognised by the Board as middle management duties

non-Maori-medium roll, in relation to a school, means the number of the school's students left after the school's Maori medium roll has been subtracted from its staffing roll (as determined under clauses 7, 8, and 9)

other regular teacher means a regular teacher who is not a permanently appointed regular teacher

principal, in relation to an area school, means the school's principal; and, in relation to a student who enrols at an area school at any time, means the school's principal at that time

regular teacher means a teacher who is not a relieving teacher (within the meaning of section 91A(1) of the Act)

resource teacher means a teacher who provides specialist advice, guidance, and support to students, teachers, or both, whether at the teacher's school or other schools

salary unit, in relation to the holder of a teaching position at an area school, means an entitlement to a salary element in addition to the salary otherwise payable to the holder, allocated to the holder by the Board

senior staffing roll, in relation to an area school, means the roll estimated for it under clause 8(1)

special education list or list means a list of special education students approved by the Secretary under the ongoing and reviewable resourcing schemes administered by the Ministry

special education student with high needs means a student who has been classified by the Secretary as having high needs

special education student with very high needs means a student who has been classified by the Secretary as having very high needs

teacher includes a principal and any deputy or assistant principal (however described)

total staffing roll, in relation to an area school, means the sum of the school's junior staffing roll and senior staffing roll.

(2) In this order, unless the context otherwise requires, terms defined by section 91A of the Act have the meanings given to them by that section.

(3) A school's roll comprises—

(a) the students (including Maori-medium students and special education students) on the junior staffing roll; and

(b) the students (including Maori-medium students and special education students) on the senior staffing roll.

(4) For the purposes of this order,—

(a) the employment of a teacher on the basis of employment for 10 half-days every full week is the employment of 1 FTTE:

(b) the employment of a teacher on the basis of employment for a specified number (smaller than 10) of halfdays every full week is the employment of one-tenth of that number of FTTEs:

(c) the employment of a teacher on the basis of employment for a specified number (smaller than 20) of halfdays every full fortnight is the employment of one-twentieth of that number of FTTEs:

(d) the employment of a teacher on the basis of employment for a specified number of teaching hours (or an average of that number of teaching hours) every full week is the employment of one twenty-fifth of that number of FTTEs.

(5) This order has effect as if every student enrolled at an area school who turns or turned 19 before 2006 were a full-time student.

##### 5 Years of schooling

(1) A student who first enrols at an area school before the age of 7 and who is subsequently educated at area schools without substantial interruption—

(a) is—

(i) a year 1 student in the year of first enrolment if enrolment was on or before 30 June:

(ii) a year 0 student in the year of first enrolment if enrolment was on or after 1 July; and

(b) in every subsequent year, is a student of a year 1 greater than the year before.

(2) A student to whom subclause (1) does not apply is a student of the year that, in the principal's opinion, is—

(a) most appropriate for a student of that student's maturity, and educational and intellectual achievements; and

(b) in every subsequent year, a student of a year 1 greater than the year before.

## Part 2

Rolls

##### 6 Boards must estimate March rolls

As soon as practicable after the commencement of this order, the Board of every school must give the Secretary, on a form provided by the Secretary for the purpose, written notice of—

(a) the school's likely roll (in the Board's opinion) as at 1 March 2006; and

(b) the school's likely Maori-medium roll (in the Board's opinion) as at 1 March 2006.

##### 7 Secretary must estimate March junior staffing roll and junior Maori-medium roll

(1) As soon as practicable after the commencement of this order, the Secretary must estimate for every school a roll of junior students and a roll of junior Maori-medium students for 2006.

(2) The Secretary must not estimate the school's junior staffing roll or junior Maori-medium roll under subclause (1) without considering—

(a) the notice given by the school under clause 6; and

(b) all written evidence and argument the Board supplied with the notice.

(3) The Secretary's calculation of the roll of junior students is the number obtained by adding—

(a) the Secretary's best estimate of the number of students of year 1 likely to be enrolled at the school on 1 March 2006; and

(b) eleven-twelfths of that number (a result that is not a whole number being increased to the next whole number); and

(c) the Secretary's best estimate of the number of students of year 2, year 3, year 4, year 5, year 6, year 7, and year 8 likely to be enrolled at the school on 1 March 2006.

(4) The Secretary's calculation of the roll of junior Maori-medium students is the number obtained by adding—

(a) the Secretary's best estimate of the number of Maori-medium students of year 1 likely to be enrolled at the school on 1 March 2006; and

(b) eleven-twelfths of that number (a result that is not a whole number being increased to the next whole number); and

(c) the Secretary's best estimate of the number of Maori-medium students of year 2, year 3, year 4, year 5, year 6, year 7, and year 8 likely to be enrolled at the school on 1 March 2006.

(5) As soon as practicable after estimating a school's junior staffing roll and its junior Maori-medium roll, the Secretary must give the Board written notice of those estimates.

##### 8 Secretary must estimate March senior staffing roll and senior Maori-medium roll

(1) As soon as practicable after the commencement of this order, the Secretary must estimate for every school a roll of senior students and a roll of senior Maori-medium students for 2006 by estimating the number of students of year 9 and above likely to be enrolled at the school on 1 March 2006.

(2) The Secretary must not estimate the school's senior staffing roll or senior Maori-medium roll under subclause (1) without considering—

(a) the notice given by the school under clause 6; and

(b) all written evidence and argument the Board supplied with that notice.

(3) As soon as practicable after estimating a school's senior staffing roll and senior Maori-medium roll, the Secretary must give the Board written notice of those estimates.

##### 9 Secretary must estimate March special education list

(1) As soon as practicable after the commencement of this order, the Secretary must estimate for every school a list of special education students as at 1 March 2006, basing the estimate on the list of special education students who have been approved by the Secretary under the ongoing and reviewable resourcing schemes administered by the department of which the Secretary is the chief executive.

(2) The Secretary must not estimate the school's special education list without considering—

(a) the notice given by the school under clause 6; and

(b) all written evidence and argument the Board supplied with that notice.

(3) As soon as practicable after estimating a school's special education list, the Secretary must give the Board written notice of that estimate.

##### 10 Certain students not counted

In determining any roll, no account may be taken of any foreign student (within the meaning of section 2(1) of the Act)—

(a) who is not a student of a kind or description exempted (under a notice under section 4C of the Act having effect in 2005) from the payment of all the amount required by section 4B of the Act to be paid; or

(b) in respect of whom all the amount required by section 4B of the Act to be paid has been or is to be paid by the Ministry of Foreign Affairs and Trade.

##### 11 Part-time students

(1) Every part-time student enrolled or-to be enrolled at a school must be treated as a fraction of a full-time student calculated, for each year level, by dividing by 20 the number of hours of tuition the student receives or is to receive in a normal week (a result for a year level that is not a whole number being increased, for that year level, to the next whole number).

##### 12 Board must ascertain and notify actual March roll and actual March Maori-medium roll

As soon as practicable after 1 March 2006, the Board of every school must—

(a) ascertain the school's roll as at that day; and

(b) ascertain the school's Maori-medium roll as at that day; and

(c) give the Secretary written notice of those rolls on a form approved by the Secretary for that purpose.

##### 13 Secretary must ascertain roll, Maori-medium roll, and special education list if notice not received from Board

If a notice is not received from the Board of a school before 11 March 2006, the Secretary must, as soon as practicable, take any steps the Secretary thinks fit to ascertain the school's March roll, Maori-medium roll, and special education list, and give the school's Board written notice that—

(a) a notice was not received (or received in time) from the Board; and

(b) the numbers of students specified in the notice are the Secretary's best estimate of the school's March roll, Maori-medium roll, and special education list; and

(c) the Secretary's best estimate of the school's March roll, with the addition of eleven-twelfths of the year 1 roll (rounded up to the next whole number if it is not already a whole number), and the Secretary's best estimate of the school's Maori-medium roll, with the addition of eleven-twelfths of the year 1 Maori-medium roll (rounded up to the next whole number if it is not already a whole number), and the special education list, will have effect as the school's confirmed rolls and list.

##### 14 Secretary must confirm roll if notice received from Board

(1) If a notice from the Board of a school reaches the Secretary before 11 March 2006, the Secretary must,—

(a) as soon as practicable, take any steps the Secretary thinks fit to verify the numbers notified; and

(b) give the school's Board written notice confirming those numbers, unless subclause (2) applies; and

(c) advise the Board that the rolls confirmed in paragraph (b), with the addition of eleven-twelfths of the year 1 rolls (rounded up to the next whole number if it is not already a whole number) will be the school's confirmed rolls.

(2) If the Secretary is satisfied that the numbers are inaccurate, the Secretary may, at any time before 15 April 2006, give the Board written notice that—

(a) the Secretary is satisfied that those numbers are inaccurate; and

(b) the numbers of students specified in the notice are the Secretary's best estimate of the school's March roll, Maori-medium roll, and special education list; and

(c) the Secretary's best estimate of the school's March roll, with the addition of eleven-twelfths of the year 1 roll (rounded up to the next whole number if it is not already a whole number), and the Secretary's best estimate of the school's Maori-medium roll, with the addition of eleven-twelfths of the year 1 Maori-medium roll (rounded up to the next whole number if it is not already a whole number), and the special education list, will have effect as the school's confirmed rolls and list.

## Part 3

Allowances and entitlement staffing

#### Allowances

##### 15 Specialist instruction roll

(1) In this clause,

base school is an area school

base students are students of years 7 or 8 who are enrolled at the base school but usually attend a different school for instruction in technology or some other specialist subject

visiting students are students of years 7 or 8 who are enrolled at a different school but usually attend a centre attached to the base school for instruction in technology or some other specialist subject.

(2) A base school's specialist instruction roll is the number obtained by—

(a) adding the number of students of years 7 and 8 included in the base school's junior staffing roll to the number of visiting students; and

(b) subtracting from the resulting sum the number of base students.

##### 16 Curriculum delivery allowance

(1) A school's curriculum delivery allowance (in FTTEs) is the sum obtained by adding the items in subclause (2) and, if the resulting sum is not exactly divisible by 0.1, rounding it up to 1 decimal place.

(2) The items are—

(a) the greater of 1 and the sum of—

(i) the number of students on its junior Maori-medium roll divided by 20; and

(ii) the number of year 0, year 1, year 2, and year 3 students on its junior non-Maori-medium roll divided by 23; and

(iii) the number of year 4, year 5, year 6, year 7, and year 8 students on its junior non-Maori-medium roll divided by 29; and

(b) the quotient obtained by dividing its specialist instruction roll by 120; and

(c) the sum of—

(i) the number of year 9 and year 10 students on its senior Maori-medium roll divided by 20; and

(ii) the number of year 9 and year 10 students on its senior non-Maori-medium roll divided by 23.5; and

(iii) the number of year 11 students on its senior Maori-medium roll divided by 20; and

(iv) the number of year 11 students on its senior non-Maori-medium roll divided by 23; and

(v) the number of year 12 students on its senior Maori-medium roll divided by 18; and

(vi) the number of year 12 students on its senior non-Maori-medium roll divided by 18; and

(vii) the number of students of year 13 or above on its senior Maori-medium roll divided by 17; and

(viii) the number of students of year 13 or above on its senior non-Maori-medium roll divided by 17; and

(d) if there are 200 or fewer students on its senior staffing roll, the number obtained by—

(i) multiplying that roll by 0.0035; and

(ii) adding 0.5 to the resulting product; and

(iii) multiplying the resulting sum by the number of levels of full-time senior students (to a maximum of 5) on its senior staffing roll; and

(e) if there are more than 200 students on its senior staffing roll, the product of 1.2 and the number of levels of full-time senior students (to a maximum- of 5) on its senior staffing roll.

(3) In this clause and clause 18, number of levels of full-time senior students means the number of years from years 9 to 13 at which the number of students enrolled in that year is greater than 0, where the roll for year 13 is taken as the sum of the rolls for years 13 to 15.

##### 17 Adjustments to calculation of curriculum delivery allowance

(1) If the number of students on a school's junior staffing roll is smaller than 176, and if the quotient obtained by dividing the school's junior staffing roll by the integer of the sum referred to in clause 16(2)(a) is over 25, that sum must be increased to the first whole number that will ensure the quotient obtained by dividing the number of students on the school's junior staffing roll by the integer value of that sum is equal to or less than 25.

(2) If the number of students on a school's junior staffing roll is 176 or more, and the sum referred to in clause 16(2)(a) is less than 7, it must be replaced by 7.

##### 18 Additional guidance allowance

A school's additional guidance allowance (in FTTEs) is,—

(a) if there are 200 or fewer students on its senior staffing roll, the number obtained by—

(i) multiplying that roll by 0.00185; and

(ii) adding 0.08 to the resulting product; and

(iii) multiplying the resulting sum by the number of levels of full-time senior students (as defined in clause 16(3), and to a maximum of 5) on its senior staffing roll; and

(b) if there are more than 200 students on its senior staffing roll, the product of 0.45 and the number of levels of full-time senior students (as so defined, and to a maximum of 5) on its senior staffing roll.

##### 19 Weighted roll

A school's weighted roll at any time is the sum of—

(a) the product of 4 and the number of year 0, year 1, year 2, and year 3 students then included on its staffing roll; and

(b) the product of 3.5 and the number of year 4, year 5, year 6, year 7, and year 8 students then included on its staffing roll; and

(c) the product of 7 and the number of year 9 and year 10 students then included on its staffing roll; and

(d) the product of 9 and the number of year 11 students then included on its staffing roll; and

(e) the product of 15 and the number of year 12 students then included on its staffing roll; and

(f) the product of 16 and the number of students of year 13 or above then included on its staffing roll; and

(g) half its specialist instruction roll.

##### 20 Management time allowance

A school's management time allowance (in FTTEs) is the number obtained by—

(a) adding—

(i) the product of 0.0003 and its weighted roll; and

(ii) the product of 0.017 and the square root of that weighted roll; and

(iii) the product of 0.05 and the number of FTTEs for the time being represented by resource teachers: Maori employed at the school by virtue of an exemption granted under clause 45(1)(c); and

(iv) either,—

(A) if the school's roll is 28 or less, 0.2; or

(B) if the school's roll is 29 or more but less than 61, 0.3; or

(C) if the school's roll is 61 or more but less than 93, 0.4; or

(D) if the school's roll is 93 or more but less than 124, 0.5; or

(E) if the school's roll is 124 or more but less than 156, 0.6; or

(F) if the school's roll is 156 or more but less than 187, 0.7; or

(G) if the school's roll is 187 or more but less than 219, 0.8; or

(H) if the school's roll is 219 or more but less than 250, 0.9; or

(I) if the school's roll is 250 or more, 1.0; and

(b) if the resulting sum is not exactly divisible by 0.1, rounding it down to 1 decimal place.

##### 21 Formula-generated staffing allowance

A school's formula-generated staffing allowance (in FTTEs) is the sum of—

(a) its curriculum delivery allowance; and

(b) its additional guidance allowance; and

(c) its management time allowance.

##### 22 Special education staffing allowance

A school's special education staffing allowance, if any, is the number of special education students on the school's special education list multiplied by the following FTTEs:

(a) 0.1 for each special education student with high needs:

(b) 0.2 for each special education student with very high needs.

##### 23 Special education management allowance

A school's special education management allowance (in FTTEs), if any, is the product (correct to 2 decimal places) of 0.05 and its special education staffing allowance (in FTTEs).

##### 24 Te Atakura allowance

A school's Te Atakura allowance (in FTTEs), if any, is the product of 0.5 and the number of permanently employed teachers (other than beginning teachers) then employed at the school in the teaching of Te Reo Maori who, before 1993, successfully completed training at a College of Education under the Te Atakura scheme.

##### 25 Supplementary learning support time allowance

A school's supplementary learning support time allowance (in FTTEs), if any, is the product of 0.1 and the number of students enrolled at the school and identified and classified by the Secretary as being in need of supplementary learning support.

##### 26 Tuakana-teina allowance

The tuakana-teina allowance, if any, of a school that is the kura tuakana for a kura teina, is an allowance—

(a) determined by the Secretary in the light of the Secretary's assessment of the number of teachers required for the kura teina; and

(b) of not less than 1.0 FTTE and 1.0 salary unit.

##### 27 Beginning teacher allowance

(1) In this clause, qualifying beginning teacher means—

(a) a beginning teacher in his or her first 12 months of teaching who is employed for 0.5 of an FTTE or more; or

(b) a beginning teacher in his or her second 12 months of teaching who is employed full-time.

(2) If a school employs a qualifying beginning teacher who has completed less than 12 months' teaching, it has a beginning teacher allowance (in FTTEs) calculated by adding—

(a) the product of—

(i) the number of qualifying beginning teachers, if any, then employed at the school full-time; and

(ii) 0.2; and

(b) the product of—

(i) the number of other qualifying beginning teachers, if any, then employed at the school; and

(ii) 0.1.

(3) If a school employs a qualifying beginning teacher who has completed 12 months' teaching, it has a beginning teacher allowance (in FTTEs) calculated by adding (as well as the amount, if any, obtained from the calculation in subclause (2)) the product of—

(a) the number of qualifying beginning teachers, if any, then employed at the school full-time; and

(b) 0.1.

##### 28 Resource teacher support allowance

A school has a resource teacher support allowance of 0.05 of an FTTE for each full-time teacher of the following kinds whom it employs:

(a) resource teacher: learning and behaviour; or

(b) resource teacher: literacy; or

(c) resource teacher: literacy (Maori).

##### 29 Supplementary learning support teacher support allowance

A school has a supplementary learning support teacher support allowance of 0.05 of an FTTE for each teacher employed as a supplementary learning support teacher for 0.6 of an FTTE or more.

##### 30 Instrumental and vocal music tuition allowance

The instrumental and vocal music tuition allowance (in FTTEs) of a school for which the Secretary approved an allowance for instrumental, vocal, or instrumental and vocal tuition in 2006 is the product (correct to 2 decimal places) of 0.001 and the sum of the school's senior staffing roll and the number of year 7 and year 8 students on its junior staffing roll.

##### 31 Total regular staffing allowance

A school's total regular staffing allowance (in FTTEs) is the number obtained by—

(a) adding—

(i) its entitlement staffing; and

(ii) any special education staffing allowance; and

(iii) any special education management allowance; and

(iv) any Te Atakura allowance; and

(v) any supplementary learning support time allowance; and

(vi) any tuakana-teina allowance; and

(vii) any beginning teacher allowance; and

(viii) any resource teacher support allowance; and

(ix) any supplementary learning support teacher support allowance; and

(x) any instrumental and vocal music tuition allowance; and

(xi) the sum of any additional entitlements arising under clause 32 from an entitlement transfer agreement; and

(b) subtracting from the resulting sum the sum of any entitlements that must be deducted under clause 32 as a result of an entitlement transfer agreement.

##### 32 Transfer of staffing entitlements

(1) The Boards of 2 schools (school A and school B) may enter into an entitlement transfer agreement, which is a written agreement to the effect that—

(a) school A will relinquish to school B a specified number of FTTEs, salary units, or both, of teacher entitlements (the entitlements); and

(b) school B will use the entitlements to sustain the employment at school B of 1 or more teachers to teach 1 or more specified subjects to students enrolled at school A.

(2) Subject to subclauses (3) and (4), if an entitlement transfer agreement is given to the Secretary before 1 January,—

(a) the Secretary must deduct from the total regular staffing allowance of school A (the school relinquishing the entitlements) the number of FTTEs or salary units specified in the agreement; and

(b) the Secretary must add to the total regular staffing allowance of school B (the school receiving the entitlements) the number of FTTEs or salary units specified in the agreement.

(3) No school may enter into an entitlement transfer agreement relating to tuition in technology or another specialist subject.

(4) A school may enter into an entitlement transfer agreement relating to tuition in instrumental or vocal music only with one of the secondary schools or high schools listed in the first column of Schedule 3 of the Education (2006 Secondary School and Form 1 to 7 School Staffing) Order 2005.

(5) An agreement between 3 or more schools about the relinquishment and use of entitlements must be treated as a number of entitlement transfer agreements between various pairs of those schools.

##### 33 Application of clause 32 to special education

Clause 32 applies to teacher staffing in relation to special education teachers in the same way as it applies to teacher staffing in relation to other teachers.

#### Entitlement staffing

##### 34 Guaranteed minimum formula staffing

An area school's guaranteed minimum formula staffing (in FTTEs) is its formula-generated staffing allowance, ascertained under clause 21 by reference to its estimated rolls.

##### 35 Entitlement staffing

(1) An area school's entitlement staffing at a time in 2006 before its confirmed rolls and list have been notified by the Secretary under clause 13 or clause 14(2), or confirmed by the Secretary under clause 14(1)(b), is its guaranteed minimum formula staffing.

(2) An area school's entitlement staffing at a time in 2006 after its confirmed rolls and list have been notified by the Secretary under clause 13 or clause 14(2), or confirmed by the Secretary under clause 14(1)(b), is the greater of—

(a) its guaranteed minimum formula staffing; and

(b) its formula-generated staffing allowance ascertained under clause 21 by reference to its confirmed rolls.

## Part 4

Limitations on employment

##### 36 Limitation on employment of regular teachers

(1) The Board of a school may not employ a permanently appointed regular teacher whose employment generates a number of FTTEs greater than its entitlement staffing and any tuakana-teina allowance.

(2) The Board of a school may not employ other regular teachers whose employment generates a number of FTTEs greater than the number of FTTEs by which the school's total regular staffing allowance, at that time, is greater than the number of FTTEs generated by the employment at the school, at that time, of permanently appointed regular teachers.

(3) The Board of a school may not make a permanent appointment of a regular teacher without the consent of the Secretary if the school's guaranteed minimum formula staffing exceeds its formula-generated staffing allowance as generated by its confirmed rolls by 1.0 FTTE or more.

(4) Despite subclauses (1) and (2), the Board of a school may continue to employ any permanently appointed regular teacher who, following receipt of the Secretary's notice of the school's provisional rolls and list, has become supernumerary.

(5) Despite subclauses (1) and (2), the Board of a school may employ more permanently appointed regular teachers than is permitted under subclause (1), and may employ more other regular teachers than is permitted under subclause (2), if,—

(a) at some other time during the 2006 school year, the Board of the school has employed, or will employ, fewer regular teachers than the prescribed number; and

(b) the employment of those teachers does not, at any time, cause the number of regular teachers employed by the Board at the school to exceed by more than 10% the number of FTTEs that the Board is entitled to employ at that school under subclause (1) or subclause (2); and

(c) the net effect during the 2006 school year of employing the additional regular teachers does not result in the Board employing regular teachers representing more FTTEs than it is entitled to employ over that school year.

##### 37 No entitlement to carry over surplus beyond 31 March 2007

If, during the 2006 school year, a Board employs fewer regular teachers at a school than equate to the number of FTTEs that the Board is entitled to employ at that school under clause 36, there is no entitlement to carry the net surplus over after 31 March 2007.

##### 38 Suspension of clause 36(5) if 10% limit exceeded

(1) If, contrary to clause 36(5)(b), a Board employs a regular teacher whose employment causes the number of regular teachers employed at a school to exceed by more than 10% the number of FTTEs that the Board is entitled to employ at that school, the Secretary may notify the Board, in writing, that clause 36(5) does not apply to it.

(2) A notice under subclause (1) applies from the date on which it is received by the Board until the date on which the number of regular teachers employed by the Board at the school during the year up to that date equals the number of FTTEs that the Board was entitled to employ at that school under clause 36(1) to (3) during that period.

##### 39 Limitation on employment of principals

(1) The Board of a school may not employ more than 1 principal for the school at any time.

(2) A combined Board established under section 110 of the Act may not employ more than 1 principal for each school that the combined Board administers at any time.

##### 40 Limitation on employment involving salary units

(1) Subject to clause 41, the Board of a school may not employ regular teachers to whom salary units have been allocated (whether permanently or otherwise) whose employment taken together is equivalent to the employment of teachers to whom there have been allocated a total number of salary units greater than a number calculated for the school under subclause (2).

(2) The number calculated for the school referred to in subclause (1) is calculated by—

(a) subtracting 1 from the school's entitlement staffing; and

(b) multiplying the resulting difference by 1.09; and

(c) adding 2.6 to the resulting product; and

(d) if the resulting sum is not a whole number, correcting it to the nearest whole number.

##### 41 Adjustment to calculation of limitation on employment involving salary units

(1) In relation to a school that is in receipt of a special education staffing allowance under clause 22, clause 40 must be applied by increasing the resulting sum calculated in accordance with that clause by the number of salary units generated by—

(a) adding the number of FTTEs of the school's special education staffing allowance to the number of FTTEs, if any, of the school's special education management allowance; and

(b) multiplying the resulting sum by 0.96; and

(c) if the resulting product is not a whole number, correcting it to the nearest whole number.

##### 42 Limitation on employment involving middle management allowances

(1) The Board of a school may not employ regular teachers to whom middle management allowances have been allocated (whether permanently or otherwise) whose employment taken together is equivalent to the employment of teachers to whom there have been allocated a total number of middle management allowances greater than the number calculated for the school under subclause (2).

(2) The number calculated for the school referred to in subclause (1) is calculated by—

(a) adding—

(i) those elements of the curriculum delivery allowance (in FTTEs) specified in—

(A) clause 16(2)(c); and

(ii) the additional guidance allowance (in FTTEs), calculated in accordance with clause 18; and

(b) multiplying the resulting sum by 0.6; and

(c) if the resulting product is not a whole number, correcting it to the nearest whole number.

##### 43 Limitation on grades for principals

(1) The Board of a school may not employ a principal at a grade higher than the grade specified in the first column of the Schedule opposite the roll range in which the school's principal grading roll lies.

(2) The principal grading roll for a school is the greater of—

(a) the school's provisional rolls and provisional special education list, after any applicable weighting in accordance with subclause (7); and

(b) the school's confirmed rolls and confirmed special education list, after any applicable weighting in accordance with subclause (7).

(4) A school's confirmed rolls are the rolls confirmed by the Secretary under clause 13 or clause 14.

(5) A school's provisional special education list is its actual special education list determined by the Secretary as at 1 July 2005.

(6) A school's confirmed special education list is its special education list confirmed by the Secretary under clause 13 or clause 14.

(7) For the purposes of determining the principal grading roll for 2006, the following weightings apply:

(a) 1 special education student with high needs is the equivalent of 3 students:

(b) 1 special education student with very high needs is the equivalent of 6 students.

(8) For the purposes of determining the roll range as at 2006, the roll for any kura tuakana is the sum of the number of students on the roll of the kura tuakana and the number of students on the rolls of any associated kura teina.

##### 44 Limitation on employment of part-time teachers

The Board of a school may not employ a part-time teacher for 0.9 of an FTTE or more.

## Part 5

Exemptions

##### 45 Resource teachers

(1) The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order in any 1 or more of the following circumstances:

(a) the students enrolled at the school have particular educational needs that can and should be met by the employment of 1 or more resource teachers: learning and behaviour:

(b) the students enrolled at the school have particular educational needs that can and should be met by the employment of 1 or more resource teachers: literacy or resource teachers: literacy (Maori):

(c) the students enrolled at the school have particular educational needs that can and should be met by the employment of 1 or more resource teachers: Maori.

(2) The maximum number of FTTEs in respect of which the Secretary may grant an exemption under subclause (1) (on a national basis across all state schools of any type) is;

(a) in respect of resource teachers: learning and behaviour, the number obtained by dividing the total number of year 0 to year 10 students enrolled at schools by 750:

(b) in respect of resource teachers: literacy (which includes resource teachers: literacy (Maori)), 121:

(c) in respect of resource teachers: Maori, 53.

##### 46 Supplementary learning support teachers

(1) The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if either or both of the following circumstances exist:

(a) the students enrolled at the school have particular educational needs that can be and should be met by the employment of 1 or more supplementary learning support teachers, each of whom is employed as a supplementary learning support teacher for 0.6 of an FTTE; or more:

(b) students enrolled at another school, or at other schools, in the area have particular educational needs that can be and should be met by the employment of 1 or more supplementary learning support teachers, each of whom is employed as a supplementary learning support teacher for 0.6 of an FTTE or more, and the school administered by the Board provides a base from which the supplementary learning support teacher or teachers can serve the other school or schools.

(2) The sum of the following (on a national basis across all state schools of any type) must not exceed 150:

(a) number of FTTEs in respect of which the Secretary may grant an exemption for supplementary learning support teachers under subclause (1); and

(b) the total staffing (in FTTEs) for the supplementary learning support time allowance.

##### 47 Reading recovery

(1) The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if—

(a) the school participates in the training of reading recovery teachers; or

(b) because of the size or location of the school, the students of the school need to have a reading recovery teacher based at the school; or

(c) the school provides a base from which its reading recovery teacher can serve both that school and other schools in the area.

(2) The maximum number of FTTEs in respect of which an exemption under subclause (1) may be granted is 260.

##### 48 Board-funded teachers

The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if the Minister has given consent to the Board under section 91F(b) of the Act.

##### 49 Time allowance for teachers absent on long-term training

The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if the Secretary considers that the school needs a long-term training course allowance of up to 1 FTTE for each teacher absent on a long-term training course.

##### 50 Protection of specified programmes

The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if the Secretary believes that—

(a) the school's staffing has been (or, but for the exemption, would be) affected by a fall in its roll; and

(b) it is desirable to grant an exemption (sufficient to restore the school's staffing to its 2005 level or some lower level) in order to protect a specified programme of instruction, the continued provision of which would otherwise be at risk.

##### 51 Protection of supernumerary teachers

The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if the exemption is necessary in order to preserve the continued employment of any permanently appointed regular teacher employed by the Board immediately before 1 January 2006 who is for the time being supernumerary, having been declared surplus by virtue of amalgamation, merger, change of status, closure, or a fall in the roll of the school.

##### 52 Roll increases

The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if there has been an unusual increase in the number of students enrolled at the school.

##### 53 Special reason

The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if there is a special reason for an exemption for that school, being a reason that applies only to that school or to some other area schools, but not being a reason that applies to all other area schools.

##### 54 Revocation

The Education (2004 Area School Staffing) Order 2003 (SR 2003/197) is revoked.

## Schedule | cl 43(1) |

Principal's grade | Roll range |

U1 | 1–50 |

U2 | 51–100 |

U3 | 101–150 |

U4 | 151–300 |

U5 | 301–500 |

U6 | 501–675 |

U7 | 676–850 |

U8 | 851–1 025 |

U9 | 1 026–1 200 |

U10 | 1 201–1 400 |

U1 | 1 401–1 600 |

U12 | 1 601–1 800 |

U13 | 1 801–2 000 |

U14 | 2 001 and above |

Diane Morcom,

Clerk of the Executive Council.

## Explanatory note

*This note is not part of the order, but is intended to indicate its general effect.*

This order, which comes into force on 15 September 2005, prescribes limitations on the numbers of regular (ie, non-relieving) teachers who may be employed at state area schools in 2006. It sets out how the limitations are calculated, and the circumstances in which, and conditions on which, the Secretary may grant exemptions from the limitations.

The order largely repeats the equivalent order for last year. The substantive changes are as follows:

•the total regular staffing allowance provisions in clause 31 reflect the introduction of a new allowance, the

“supplementary learning support teacher support allowance”

(see clause 29), as well as the change from the previous order's“supplementary learning support teacher time allowance”

to the“supplementary learning support time allowance”

(see clause 25) in this order:•incremental increases in management time allowances are extended (see clause 20), so that there are increases in allowances for schools with rolls from 156 to 250 or more:

•some of the figures used to calculate the curriculum delivery allowance, and to calculate adjustments to that calculation, are changed (see clauses 16 and 17):

•changes to the limitations on grades for principals (see clause 43) introduce the

“principal grading roll”

, which is based on the greater of a school's provisional and confirmed rolls and list:•a new exemption for supplementary learning support teachers (see clause 46) is available to a school's Board:

•the definition of

**Maori-medium student**in clause 4 is no longer restricted to students who are Maori:•

**March rolls and list**is defined in this order (see clause 4), in line with its definition in the staffing orders for other types of schools.

Date of notification in *Gazette*: 18 August 2005.

#### Contents

1General

2About this eprint

3List of amendments incorporated in this eprint (most recent first)

##### Notes

###### 1 General

This is an eprint of the Education (2006 Area School Staffing) Order 2005. It incorporates all the amendments to the Education (2006 Area School Staffing) Order 2005 as at 17 September 2007. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 4 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

###### 2 About this eprint

This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.

###### 3 List of amendments incorporated in this eprint

(most recent first)

Education (2008 School Staffing) Order 2007 (SR 2007/228)