Clause 4 amends section 3, which provides an outline of the principal Act. The amendment repeals section 3(2)(b) as a consequence of the repeal of section 5.

Clause 5 repeals section 5, which provides that the Minister may, by notice in the Gazette, issue a statement of national education and learning priorities.

Clause 6 amends section 9, which sets out the provisions of the principal Act that relate to Te Tiriti o Waitangi. The amendments—

• repeal section 9(1)(b) as a consequence of the repeal of section 5; and

• replace section 9(1)(d) to take account of new section 127 (as replaced by the Bill).

Clause 7 amends section 10(1), which is the main interpretation section in the principal Act, to signpost the current definition of academic freedom set out in section 267(4).

Clause 8 replaces section 127, which sets out the objectives of boards in governing State schools. New section 127(1) provides that the paramount objective of a board in governing a school is to ensure that every student at the school is able to attain their highest possible standard in educational achievement. New section 127(2) sets out supporting objectives for boards and contains a mix of existing requirements and new requirements. New section 127(3) defines the terms paramount objective and supporting objective.

Clause 9 inserts new sections 137A to 137D relating to the management of attendance at State schools.

New section 137A requires a board to have an attendance management plan for its school that sets out a strategy and a process for the school to identify and respond to student absences.

New section 137B requires a board to have regard to any guidelines on the management of school attendance issued by the Secretary when preparing an attendance management plan.

New section 137C requires a board to review its attendance management plan in accordance with regulations made under section 638.

New section 137D requires a board to make its attendance management plan publicly available on an internet site maintained by or on behalf of the board.

Clause 10 consequentially amends section 212O, which sets out duties that apply to sponsors of charter schools. The amendments replace section 212O(f) and repeal section 212O(g) to remove requirements for a charter school’s chief executive, staff, and sponsor to have regard to any statement of national education and learning priorities.

Clause 11 amends section 281, which sets out duties that apply to councils of institutions. The amendment inserts new section 281(1)(g), which imposes a duty on the council of a university to protect and promote academic freedom in accordance with section 267 and freedom of expression in accordance with its statement on freedom of expression adopted under new section 281A.

Clause 12 inserts new sections 281A and 281B, which require the council of a university to adopt a statement on freedom of expression at the university and establish a complaints procedure relating to academic freedom and freedom of expression.

Clause 13 amends section 306, which sets out requirements relating to the annual report of an institution’s council. The amendment inserts new section 306(4)(h), which requires a university council’s annual report to report on matters under new sections 281(1)(g) and 281B and any other matters prescribed by regulations made under new section 651B.

Clause 14 amends section 398A, which provides an outline of Part 4A, to correct omissions relating to subpart 4 of Part 4A.

Clause 15 makes several amendments to section 479, which sets out the functions and powers of the Teaching Council. The amendments—

• insert new section 479(1)(ja), which confers a new function on the Teaching Council to review standards for ongoing practice or criteria for issue of practising certificates and, after consulting the Minister, to vary, delete, replace, or add 1 or more standards or criteria:

• adjust section 479(1)(pa) to expand the Teaching Council’s current function of prosecuting breaches of some requirements of the principal Act to also include prosecuting failures to make mandatory reports to the Teaching Council:

• insert new section 479(7), which requires the Teaching Council to consult the Secretary and have regard to advice given by the Secretary when it is performing its functions relating to standards for qualifications leading to teacher registration and approval of teacher education programmes.

Clause 16 amends section 483, which requires the Teaching Council to present to the House of Representatives an annual report on its operations that includes audited financial statements. New section 483(2) and (3) requires the annual report to also include a report on how the Teaching Council has complied with the requirement under section 482(5) to have regard to any relevant statement of Government policy.

Clause 17 amends section 497, which sets out the powers of the Complaints Assessment Committee (the CAC) in respect of matters referred to it by the Teaching Council under section 496. The amendments—

• insert new section 497(2)(d), which provides that, following an investigation, the CAC may refer the matter back to the Teaching Council:

• adjust section 497(3)(b) to provide that the CAC may, if it makes a finding of misconduct or serious misconduct, with the agreement of the teacher concerned, impose conditions for a specified period on the teacher’s practising certificate or limited authority to teach (LAT):

• adjust section 497(3)(e) to provide that the CAC may also direct the Teaching Council to impose conditions on any subsequent LAT issued to the teacher.

Clause 18 amends section 500, which sets out the powers of the Disciplinary Tribunal following a hearing of a charge of serious misconduct, or a hearing into any matter referred to it by the CAC. The amendment adjusts section 500(1)(j) so that the Disciplinary Tribunal may direct the Teaching Council to impose conditions on any subsequent LAT issued to a teacher.

Clause 19 amends section 508, which sets out the powers of the Competence Authority after it has made a finding that a teacher has not attained the required level of competence. The amendments—

• adjust section 508(a)(i) to provide that the Competence Authority may impose conditions on the teacher’s practising certificate or LAT for a specified period:

• replace section 508(b) to provide that the Competence Authority may order that the teacher’s registration, practising certificate, or LAT be cancelled.

Clause 20 amends section 523, which requires a board of a State school and a sponsor of a charter school to reimburse the Crown for expenditure relating to international students. The amendment adjusts section 523(1), which requires the Minister, by notice, to set the fees payable by school boards and sponsors, to provide that the Minister may, by notice, set the fees.

Clause 21 amends section 589, which currently provides that a strike by employees of a board of a State school is not lawful unless the Public Service Commissioner and each board have been given notice of the proposed strike 3 days before the commencement of the strike. The amendment increases the amount of notice that must be given before the commencement of the proposed strike to a period of not less than 7 days.

Clause 22 amends section 617, which currently requires the Minister to issue eligibility criteria relating to appointment of principals, to provide that the Minister may issue the criteria.

Clause 23 amends section 638, which provides for regulations relating to how schools must be run, to insert new section 638(2)(g), which sets out new regulation-making powers relating to attendance management plans required by new sections 137A to 137D.

Clause 24 inserts new section 651B, which is a new regulation-making power that provides for regulations prescribing matters that councils of universities must include in their annual reports for the purpose of measuring performance and establishing benchmarks.

Clause 25 and Schedule 1 amend Schedule 1 of the principal Act, which contains transitional, savings, and related provisions, to insert new Part 7 into the schedule. New Part 7 (new clauses 126 to 129)—

• defers the obligation for a school board to have an attendance management plan until the first day after 25 January 2026 on which the school is open for instruction:

• defers the obligation for a university council to adopt a statement on freedom of expression until 6 months after commencement of the Bill:

• validates the use of national student numbers assigned to, or used in relation to, researchers employed or engaged by a tertiary education organisation.

Clause 26 amends Schedule 3, which sets out provisions relating to teacher registration, practising certificates, and other matters. The amendments—

• replace clause 7(b) to more clearly specify the circumstances in which a teacher is restricted from seeking voluntary deregistration:

• make changes to clause 8 to add further grounds for the Teaching Council to annotate the public register of registered teachers:

• make changes to clause 21 to add further grounds for the Teaching Council to annotate the list of people who hold a LAT.

Clause 27 amends Schedule 5, which sets out provisions relating to communities of learning for State schools. The main amendment repeals clause 3(2), which requires a community of learning that has a community of learning agreement with the Secretary to have a plan that has particular regard to any statement of national education and learning priorities issued under section 5.

Clause 28 repeals clause 7 of Schedule 7, which requires the manager of a private school to have regard to any statement of national education and learning priorities in operating the school and in developing and delivering the school’s curriculum.

Clause 29 amends Schedule 24, which sets out provisions relating to national student numbers. The amendments insert a definition of researcher into clause 1, replace clause 2 (which sets out the purpose of the schedule), and update clauses 3 and 4 to provide for assigning national student numbers to researchers employed or engaged by a tertiary education organisation, and to provide for the use of those numbers.

Clause 30 and Schedule 2 make consequential amendments to secondary legislation made under the principal Act.