Version as at 5 September 2022

# Education (2021 School Staffing) Order 2020

(LI 2020/177)

Education (2021 School Staffing) Order 2020: revoked, on 5 September 2022, by clause 90 of the Education (2023 School Staffing) Order 2022 (SL 2022/219).

Patsy Reddy, Governor-General

## Order in Council

At Wellington this 3rd day of August 2020

Present:

The Right Hon Jacinda Ardern presiding in Council

###### Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This order is administered by the Ministry of Education.

This order is made under section 582 of the Education and Training Act 2020 on the advice and with the consent of the Executive Council.

## Contents

## Order

##### 1 Title

This order is the Education (2021 School Staffing) Order 2020.

##### 2 Commencement

This order comes into force on 4 September 2020.

##### 3 Application

This order applies only to State schools, and only to the 2021 school year.

## Part 1 Preliminary provisions

##### 4 Purpose of this order

(1)

The purpose of this order is, in accordance with section 582 of the Act, to limit the financial liability of the Crown arising out of its obligation under section 579 of the Act to pay the salaries of all regular teachers employed at payrolled schools.

(2)

To that end, this order prescribes limitations on the number of regular teachers who may be employed at payrolled schools during the school year to which this order applies.

##### 5 Overview of this order

(1)

Part 1 contains preliminary provisions.

(2)

Part 2 specifies the limitations prescribed by this order.

(3)

Part 3 sets out components of the limitations.

(4)

Part 4 requires school rolls to be estimated, ascertained, notified, and confirmed for the purposes of this order.

(5)

Part 5 contains special provisions relating to specified schools and types of schools.

(6)

Part 6 provides for exemptions from the limitations.

(7)

Part 7 revokes an earlier school staffing order.

(8)

This clause is intended only as a guide to the general scheme and effect of this order.

#### Interpretation

##### 6 Interpretation: general

(1)

In this order, unless the context otherwise requires,—

Act means the Education and Training Act 2020

adjusted entitlement means the entitlement staffing that is calculated under clause 30 if, for the purposes of clause 55(2)(b), no student who is enrolled in a secondary-tertiary programme is counted on a school’s Māori-medium or non-Māori-medium roll

adjusted formula-generated allowance means the formula-generated staffing allowance that is calculated under clause 54 if, for the purposes of clause 55(2)(b), no student who is enrolled in a secondary-tertiary programme is counted on a school’s Māori-medium or non-Māori-medium roll

adjusted total regular allowance means the total regular staffing allowance that is calculated under clause 29 if, for the purposes of clause 55(2)(b), no student who is enrolled in a secondary-tertiary programme is counted on a school’s Māori-medium or non-Māori-medium roll

area school means a composite school that offers education to students in any of years 1 to 13

beginning teacher, at any time, means a registered 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

BLENNZ means the Blind and Low Vision Education Network NZ

community of learning means a group of schools that the Minister has approved as a community of learning for the purpose of this order

community of learning role means the role of Community of Learning Leadership, or the role of Community of Learning Teacher (Across Community), or the role of Community of Learning Teacher (Within School)

entitlement transfer agreement has the meaning set out in clause 52

FTTE means full-time teacher equivalent

guaranteed minimum formula staffing, in relation to a high school or an area school, means the school’s formula-generated staffing allowance (in FTTEs) ascertained under clause 54 by reference to its provisional rolls

high school means a secondary school or a year 7 to 13 school

Māori-medium student means a student for whom the curriculum is taught in Māori for more than 12.5 hours per week

mentor teacher means a permanently appointed regular teacher who provides mentoring and support to an employment-based trainee teacher who is in an employment-based trainee teaching position

middle management allowance, in relation to a high school or an area school, means an allowance allocated by the board to a teacher who undertakes duties in the school that are recognised by the board as middle management activities

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

primary student means a student in any of years 1 to 8

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

restricted composite school means a composite or an intermediate school that offers education to students in any of years 7 to 10

salary unit, in relation to the holder of a teaching position at a 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

secondary student means a student of year 9 or above

senior management allowance, in relation to a high school, means an allowance allocated by the board to a teacher who undertakes duties in the school that are recognised by the board as senior management activities

special education extension student means a special education student who has been classified by the Secretary as an extension student

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

special education student means a student who has been classified by the Secretary as eligible under the ongoing resourcing schemes

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

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

year 7 to 13 school means a composite school that offers education to students in any of years 7 to 13.

(2)

In this order, unless the context otherwise requires, any term or expression that is defined in the Act and used, but not defined, in this order has the same meaning as in the Act.

##### 7 Interpretation: rolls

In this order, unless the context otherwise requires,—

Māori-medium roll means the number of a school’s Māori-medium students

March rolls means the rolls confirmed, or stated to have effect as confirmed, for a school by the Secretary under clause 61

March special education list means a school’s special education list determined by the Secretary as at 1 March 2021

non-Māori-medium roll means the number of a school’s students left after its Māori-medium roll has been subtracted from its roll (as determined under Part 4)

October rolls, in relation to a primary school, means the rolls estimated for the school by the Secretary under clause 62

primary roll means the number of a school’s students, if any, in years 1 to 8

provisional rolls means the rolls estimated for a school by the Secretary under clause 59

provisional special education list means a school’s special education list determined by the Secretary as at 1 July 2020

school roll means all the students enrolled at a school, including Māori-medium students and special education students

secondary roll means the number of a school’s students, if any, in year 9 or above

special education list or list means the list of special education students who have been classified by the Secretary as any of the following:

##### (a)

extension students:

##### (b)

having high needs:

##### (c)

having very high needs

specialist instruction roll, in relation to a school, means the number obtained by a calculation made in accordance with clause 9

total roll, in relation to a school, means the sum of a school’s primary roll (if any) and its secondary roll (if any)

weighted roll means the number obtained by a calculation made in accordance with clause 8.

##### 8 Weighted roll

A school’s weighted roll at any time is the number obtained by adding 1 or more of the following that apply to the school:

##### (a)

the product of 4 and the number of any year 1 to year 3 students then on its roll:

##### (b)

the product of 3.5 and the number of any year 4 to year 8 students then on its roll:

##### (c)

the product of 7 and the number of any year 9 and year 10 students then on its roll:

##### (d)

the product of 9 and the number of any year 11 students then on its roll:

##### (e)

the product of 15 and the number of any year 12 students then on its roll:

##### (f)

the product of 16 and the number of any year 13 or above students then on its roll:

##### (g)

the product of 0.5 and the number of any year 7 and year 8 students then on its specialist instruction roll.

##### 9 Specialist instruction roll

(1)

In this clause,—

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

visiting students are students of year 7 or year 8 who are enrolled at a school other than the base 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 provisional or March rolls (as appropriate) to the number of visiting students; and

##### (b)

subtracting from the resulting sum the number of base students.

#### Proportions of FTTE

##### 10 Proportions of FTTE

For the purposes of this order, the employment of a teacher for—

##### (a)

10 half-days every full week generates 1 FTTE:

##### (b)

a specified number (smaller than 10) of half-days every full week generates one-tenth of that number of FTTEs:

##### (c)

a specified number (smaller than 20) of half-days every full fortnight generates one-twentieth of that number of FTTEs:

##### (d)

a specified number of teaching hours (or an average of that number of teaching hours) every full week generates one twenty-fifth of that number of FTTEs.

#### Years of schooling

##### 11 Years of schooling in primary, area, or special schools

(1)

In the situation described in subclause (2), a student is,—

##### (a)

if first enrolled in a primary, an area, or a special school on or before 30 June in a particular school year, a year 1 student until the end of that school year; or

##### (b)

if first enrolled in a primary, an area, or a special school on or after 1 July in a particular school year, a year 1 student until the end of the following school year.

(2)

The situation is that a student first enrols at a primary, an area, or a special school before the age of 7 and is subsequently educated at primary, area, or special schools respectively without substantial interruption.

(3)

Any other student who enrols at a primary, an area, or a special school is, in the year in which the student first enrols at the primary, area, or special school, a student of the year that, in the principal’s opinion, is most appropriate for a student of that student’s maturity and educational and intellectual achievements.

##### 12 Years of schooling in intermediate schools

(1)

A student to whom clause 11(1) and (2) applies is a year 7 student in the year in which the student first enrols at an intermediate school.

(2)

Any other student who enrols at an intermediate school is, in the year in which the student first enrols at the school, a student of the year that, in the principal’s opinion, is most appropriate for a student of that student’s maturity and educational and intellectual achievements.

##### 13 Years of schooling in high schools

(1)

A student is a year 9 student in the year in which the student first enrols at a secondary school if the student was a primary student in the year before the year in which the student first enrols at the secondary school.

(2)

A student is a year 7 student in the year in which the student first enrols in a year 7 to 13 school if the student—

##### (a)

has never been enrolled at a high school; and

##### (b)

is enrolled as a year 6 student in the year before the year in which the student first enrols at the year 7 to 13 school.

(3)

Any other student who enrols at a high school is, in the year in which the student first enrols, or again enrols, at a high school, a student of the year that, in the principal’s opinion, is most appropriate for a student of that student’s maturity and educational and intellectual achievements.

## Part 2 Limitations on employment of teachers and principals

#### Regular teachers

##### 14 Employment of regular teachers

(1)

The board of a school must not employ a permanently appointed regular teacher whose employment generates a number of FTTEs greater than the sum of any of the following that apply to the school:

##### (a)

its adjusted entitlement:

##### (b)

any activity centre allowance under clause 44:

##### (c)

any attached teen parent unit allowance under clause 45.

(2)

A board must not employ other regular teachers if the total of the FTTEs generated by their employment would exceed the number of FTTEs by which the school’s adjusted total regular staffing allowance under clause 29 at that time exceeds the number of FTTEs generated by the employment of the permanently appointed regular teachers already then employed at the school.

(3)

The board of a primary school or an intermediate school must not employ a permanently appointed regular teacher without the consent of the Secretary if the school’s formula-generated staffing allowance, calculated in accordance with clause 54 as based on its provisional rolls, exceeds, by 1.0 or more FTTEs, its formula-generated staffing allowance based on, as the case may be,—

##### (a)

the primary school’s October rolls; or

##### (b)

the intermediate school’s March rolls.

(4)

The board of a secondary school or an area school must not employ a permanently appointed regular teacher without the consent of the Secretary if the school’s guaranteed minimum formula staffing exceeds, by 1.0 or more FTTEs, its adjusted formula-generated allowance as generated by its March rolls.

(5)

Subclauses (1) and (2) are subject to clauses 73 and 74.

##### 15 Employment involving salary units

A board must not employ regular teachers to whom salary units have been allocated (whether permanently or otherwise) if the total of those salary units would exceed the number of salary units calculated for the school under whichever of clauses 16, 17, and 18 applies to the school.

##### 16 Number of salary units calculated for primary, intermediate (except restricted composite), or special schools

(1)

The number of salary units referred to in clause 15 is calculated for a primary school, a special school, or an intermediate school that is not a restricted composite school by—

##### (a)

subtracting 1 from the school’s adjusted formula-generated allowance; and

##### (b)

multiplying the resulting difference by 1.28; and

##### (c)

subtracting 1.70 from the resulting product; and

##### (d)

if the resulting difference is not a whole number,—

##### (i)

rounding it down to the nearest lower whole number, if it ends in less than 0.5; or

##### (ii)

rounding it up to the nearest higher whole number, if it ends in 0.5 or greater.

(2)

For a primary school, a special school, or an intermediate school that is not a restricted composite school and that is in receipt of a special education staffing allowance calculated under clause 31, the calculation in subclause (1) must be modified by adding the number of salary units generated by the following calculation to the resulting difference in subclause (1)(c):

##### (a)

add 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 calculated under clause 32; and

##### (b)

multiply the resulting sum by 1.28; and

##### (c)

if the resulting product is not a whole number,—

##### (i)

round it down to the nearest lower whole number, if it ends in less than 0.5; or

##### (ii)

round it up to the nearest higher whole number, if it ends in 0.5 or greater.

(3)

For Ko Tāku Reo, the calculation in subclause (1)(a) must be modified by adding the number of resource teachers: hearing identified in clause 86 to the school’s adjusted formula-generated allowance before subtracting 1.

(4)

For BLENNZ, the calculation in subclause (1)(a) must be modified by adding the number of resource teachers: vision identified in clause 87 to the school’s adjusted formula-generated allowance before subtracting 1.

(5)

For a school that has a principal who has been appointed to be the principal of 2 or more schools, the calculation in subclause (1) must be modified by adding 1 salary unit to the resulting sum in subclause (l)(c).

(6)

For a school to which 2 or more of subclauses (2) to (5) apply, the modifications provided for in those subclauses are cumulative.

##### 17 Number of salary units calculated for high schools

(1)

The number of salary units referred to in clause 15 is calculated for a high school by—

##### (a)

subtracting 1 from the school’s adjusted formula-generated allowance; and

##### (b)

multiplying the resulting difference by 1.241; and

##### (c)

adding 9 to the resulting product; and

##### (d)

if the resulting sum is not a whole number,—

##### (i)

rounding it down to the nearest lower whole number, if it ends in less than 0.5; or

##### (ii)

rounding it up to the nearest higher whole number, if it ends in 0.5 or greater.

(2)

For a high school that is in receipt of a special education staffing allowance calculated under clause 31, the calculation in subclause (1) must be modified by adding the number of salary units generated by the following calculation to the resulting sum in subclause (1)(c):

##### (a)

add 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 calculated under clause 32; and

##### (b)

multiply the resulting sum by 1.241; and

##### (c)

if the resulting product is not a whole number,—

##### (i)

round it down to the nearest lower whole number, if it ends in less than 0.5; or

##### (ii)

round it up to the nearest higher whole number, if it ends in 0.5 or greater.

(3)

For a high school that has an activity centre allowance under clause 44 and is listed in the first column of Schedule 2, the calculation in subclause (1) must be modified by adding the number of salary units specified in the third column of that schedule opposite the name of the school to the resulting sum in subclause (1)(c).

(4)

For a high school that has an approved teen parent unit under clause 45, the calculation in subclause (1) must be modified by adding the number of salary units specified in the third column of Schedule 3 opposite the approved maximum roll of the unit in the first column of that schedule to the resulting sum in subclause (1)(c).

(5)

For a high school that has a principal grading roll, calculated in accordance with clause 28 but excluding those students who are enrolled in a secondary-tertiary programme, of greater than 1,400, the calculation in subclause (1) must be modified by adding, to the resulting sum in subclause (1)(c),—

##### (a)

9 salary units, if the principal grading roll is no greater than 1,600 excluding those students who are enrolled in a secondary-tertiary programme; or

##### (b)

12 salary units, if the principal grading roll is greater than 1,600 excluding those students who are enrolled in a secondary-tertiary programme.

(6)

For a school that has a principal who has been appointed to be the principal of 2 or more schools, the calculation in subclause (1) must be modified by adding 1 salary unit to the resulting sum in subclause (l)(c).

(7)

For a school to which 2 or more of subclauses (2) to (6) apply, the modifications provided for in those subclauses are cumulative.

##### 18 Number of salary units calculated for area schools or restricted composite schools

(1)

For an area school, the number of salary units referred to in clause 15 is calculated by—

##### (a)

subtracting 1 from the school’s adjusted formula-generated allowance; and

##### (b)

multiplying the resulting difference by 1.33; and

##### (c)

adding 2.6 to the resulting product; and

##### (d)

if the resulting sum is not a whole number,—

##### (i)

rounding it down to the nearest lower whole number, if it ends in less than 0.5; or

##### (ii)

rounding it up to the nearest higher whole number, if it ends in 0.5 or greater.

(2)

For a restricted composite school, the number of salary units referred to in clause 15 is calculated by—

##### (a)

adding the school’s adjusted formula-generated allowance for its secondary roll to the school’s formula-generated staffing allowance for its primary roll; and

##### (b)

subtracting 1 from the resulting sum; and

##### (c)

multiplying the resulting difference by 1.33; and

##### (d)

adding 2.6 to the resulting product; and

##### (e)

if the resulting sum is not a whole number,—

##### (i)

rounding it down to the nearest lower whole number, if it ends in less than 0.5; or

##### (ii)

rounding it up to the nearest higher whole number, if it ends in 0.5 or greater.

(3)

For an area school or a restricted composite school that receives a special education staffing allowance calculated under clause 31, subclause (1) or (2) (as the case requires) must be modified by adding the number of salary units generated by the following calculation to the resulting sum in subclause (1)(c) or (2)(d) respectively:

##### (a)

add 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 under clause 32; and

##### (b)

multiply the resulting sum by 1.33; and

##### (c)

if the resulting product is not a whole number,—

##### (i)

round it down to the nearest lower whole number, if it ends in less than 0.5; or

##### (ii)

round it up to the nearest higher whole number, if it ends in 0.5 or greater.

(4)

For an area school that has a principal grading roll, calculated in accordance with clause 28 but excluding those students who are enrolled in a secondary-tertiary programme, of greater than 1,400, the calculation in subclause (1) must be modified by adding, to the resulting sum in subclause (1)(c),—

##### (a)

9 salary units, if the principal grading roll is no greater than 1,600 excluding those students who are enrolled in a secondary-tertiary programme; or

##### (b)

12 salary units, if the principal grading roll is greater than 1,600 excluding those students who are enrolled in a secondary-tertiary programme.

(5)

For a school that has a principal who has been appointed to be the principal of 2 or more schools, the calculation in subclause (1) must be modified by adding 1 salary unit to the resulting sum in subclause (l)(c).

(6)

For a school to which 2 or more of subclauses (3) to (5) apply, the modifications provided for in those subclauses are cumulative.

##### 19 Employment of specified resource teachers to whom leadership payments have been allocated

(1)

This clause applies to a board that employs 1 or more specified resource teachers.

(2)

A board must not employ specified resource teachers to whom leadership payments have been allocated (whether permanently or otherwise) if the total of those leadership payments would exceed the number of leadership payments calculated for the school under subclause (3).

(3)

The number of leadership payments referred to in subclause (2) is calculated for a school by—

##### (a)

multiplying by 0.6 the number of resource teachers: learning and behaviour allocated to the school for the 2021 school year by the Secretary; and

##### (b)

adding 6 to the resulting product; and

##### (c)

if the resulting sum is not a whole number,—

##### (i)

rounding it down to the nearest lower whole number, if it ends in less than 0.5; or

##### (ii)

rounding it up to the nearest higher whole number, if it ends in 0.5 or greater.

(4)

In this clause,—

leadership payment, for a specified resource teacher and a board, means an entitlement to a salary element that is—

##### (a)

additional to the salary that is otherwise payable to the specified resource teacher; and

##### (b)

allocated (whether permanently or otherwise) to the specified resource teacher by the board

specified resource teachers means regular teachers who are—

##### (a)

resource teachers: learning and behaviour; or

##### (b)

resource teacher managers: learning and behaviour.

##### 20 Employment of teachers in community of learning roles

(1)

This clause applies to a school that is a member of a community of learning.

(2)

The board of a school to which this clause applies must not employ a teacher who has a community of learning role if the number of teachers working in the relevant community of learning in that role will exceed any of the limits provided for or calculated under this clause.

(3)

Unless the Secretary otherwise agrees, a community of learning may have only 1 person in the role of Community of Learning Leadership for that community and the role must be filled by a principal who is employed by a school in that community.

(4)

A community of learning may have not more than the number of teachers in the role of Community of Learning Teacher (Across Community) for that community calculated by—

##### (a)

adding the total entitlement staffing (determined under clause 30(1) or (3)) for each school that is a member of the community; and

##### (b)

dividing the sum by the total entitlement staffing (determined under clause 30(1) or (3)) for all State schools and State integrated schools; and

##### (c)

multiplying the resulting quotient by 1,000; and

##### (d)

if the resulting product is not a whole number, rounding it down to the nearest whole number; and

##### (e)

if the result of the calculations and rounding is 0, rounding it up to 1.

(5)

However, a community of learning may have more than the number of teachers that is allowed under subclause (4) in the role of Community of Learning Teacher (Across Community) for that community (an increased number) if—

##### (a)

the increased number does not exceed 2 more than the number calculated under subclause (4); and

##### (b)

the schools in the community of learning agree to the increased number.

(6)

A community of learning may have not more than the number of teachers in the role of Community of Learning Teacher (Within School) for that community calculated by—

##### (a)

adding the total entitlement staffing (determined under clause 30(1) or (3)) for each school that is a member of the community; and

##### (b)

dividing the sum by the total entitlement staffing (determined under clause 30(1) or (3)) for all State schools and State integrated schools; and

##### (c)

multiplying the resulting quotient by 5,000; and

##### (d)

if the resulting product is not a whole number, rounding it down to the nearest whole number.

(7)

However, if a community of learning has an increased number of teachers in the role of Community of Learning Teacher (Across Community) under subclause (5), the number of teachers in the role of Community of Learning Teacher (Within School) for that community must be reduced by 3.3 for each extra teacher in the role of Community of Learning Teacher (Across Community).

##### 21 Employment of part-time teachers at high schools and area schools

The board of a high school or an area school must not employ a part-time teacher for 0.9 or more of an FTTE.

##### 22 Employment involving senior management allowances at high schools

(1)

The board of a high school must not employ regular teachers to whom senior management allowances have been allocated (whether permanently or otherwise) if the total of those allowances would exceed the number of senior management allowances calculated for the school under subclause (2).

(2)

The number referred to in subclause (1) is calculated by—

##### (a)

subtracting 1 from the school’s management time allowance (as determined in accordance with clause 57); and

##### (b)

multiplying the resulting difference by 0.18; and

##### (c)

adding 2 to the resulting product; and

##### (d)

if the resulting sum is not a whole number, rounding it up to the nearest whole number.

##### 23 Employment involving middle management allowances at high schools

(1)

The board of a high school must not employ a regular teacher to whom middle management allowances have been allocated (whether permanently or otherwise) if the total of those allowances would exceed the number of middle management allowances calculated for the school under subclause (2).

(2)

The number referred to in subclause (1) is calculated by—

##### (a)

subtracting 1 from the school’s adjusted formula-generated allowance; and

##### (b)

multiplying the resulting difference by 0.6945; and

##### (c)

adding 5 to the resulting product; and

##### (d)

if the resulting sum is not a whole number,—

##### (i)

rounding it down to the nearest lower whole number, if it ends in less than 0.5; or

##### (ii)

rounding it up to the nearest higher whole number, if it ends in 0.5 or greater; and

##### (e)

adding the integer part of the quotient obtained by dividing the number of special education students on the school’s special education list by 5 to the number obtained under paragraph (d).

##### 24 Employment involving middle management allowances at area schools

(1)

The board of an area school must not employ regular teachers to whom middle management allowances have been allocated (whether permanently or otherwise) if the total of those allowances would exceed the number of middle management allowances calculated for the school under subclause (2) or, if applicable, subclauses (2) and (3).

(2)

The number of middle management allowances is calculated (in FTTEs) by—

##### (a)

adding—

##### (i)

the sum that would be the item in clause 55(2)(b) (relating to the calculation of the curriculum delivery allowance) if, for the purpose of that clause, no student who is enrolled in a secondary-tertiary programme is counted on a school’s Māori-medium or non-Māori-medium roll; and

##### (ii)

the number that is the item obtained by the calculation in whichever of clause 55(2)(c) and (d) applies to the school; and

##### (iii)

the additional guidance allowance calculated in accordance with clause 58; and

##### (b)

multiplying the resulting sum by 0.6; and

##### (c)

if the resulting product is not a whole number,—

##### (i)

rounding it down to the nearest lower whole number, if it ends in less than 0.5; or

##### (ii)

rounding it up to the nearest higher whole number, if it ends in 0.5 or greater.

(3)

For an area school that has a secondary roll greater than 59, the number resulting from the calculation in subclause (2) is added to the number calculated by—

##### (a)

multiplying the school’s secondary roll by 0.011; and

##### (b)

adding 2 to the resulting product; and

##### (c)

if the resulting sum is not a whole number,—

##### (i)

rounding it down to the nearest lower whole number, if it ends in less than 0.5; or

##### (ii)

rounding it up to the nearest higher whole number, if it ends in 0.5 or greater.

(4)

For the purposes of subclause (3), a student who is enrolled in a secondary-tertiary programme must not be counted as being on an area school’s secondary roll.

#### Principals

##### 25 Employment of principals

(1)

The board of a school must not employ more than 1 principal for the school at any time.

(2)

A combined board established under clause 7 of Schedule 22 of the Act must not employ more than 1 principal for each school that the combined board administers at that time.

(3)

Subclauses (1) and (2) do not prevent the appointment of a principal during the term of the principal’s predecessor in office.

##### 26 Employment of deputy or associate principals at primary and intermediate schools

(1)

The board of a primary or an intermediate school that employs a deputy principal or an associate principal must do so in accordance with this clause.

(2)

The maximum number of deputy or associate principals (however described) that the board may employ is—

##### (a)

2, if the school has no more than 21 FTTEs; or

##### (b)

3, if the school has more than 21 FTTEs.

##### 27 Employment of associate principals at high schools

(1)

A board may employ an associate principal for a school only if the school is a high school.

(2)

A board of a high school that employs an associate principal must do so in accordance with this clause.

(3)

The board—

##### (a)

must not employ an associate principal if the school’s roll is no more than 1,400; but

##### (b)

may employ 1 associate principal if the school’s roll is more than 1,400.

(4)

For the purposes of subclause (3), a student who is enrolled in a secondary-tertiary programme must not be counted when calculating the school’s roll.

##### 28 Grades for principals

(1)

A board must not employ a principal at a grade higher than the grade specified in the first column of Schedule 1 opposite the roll range in which the school’s principal grading roll under subclause (3) lies.

(2)

However, the grade for a principal employed at a special school listed in any of Schedules 6 to 8 is the grade specified in the appropriate column of the applicable schedule.

(3)

The principal grading roll for a school is the greater of the following, after any applicable weighting in accordance with subclause (4) or adjustment in accordance with subclause (5):

##### (a)

the sum of the school’s provisional rolls, as adjusted, and its provisional special education list; and

##### (b)

the sum of the school’s March special education list and,—

##### (i)

for a primary school, its October rolls, as adjusted; or

##### (ii)

for any other school, its March rolls, as adjusted.

(4)

In determining the principal grading roll for 2021, the following weightings apply:

##### (a)

1 special education extension student is the equivalent of 3 students:

##### (b)

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

##### (c)

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

(5)

In this clause, a reference to a roll **as adjusted** is a reference to that roll minus its list, if any.

(6)

In determining the roll range for 2021, the roll of a school includes the number of students enrolled in the school’s activity centre or its approved teen parent unit, if any.

(7)

The principal’s grade for a principal appointed to be the principal of 2 or more schools is based on the combined roll range of each of the schools.

## Part 3 Components of limitations

#### Total regular staffing allowance

##### 29 Total regular staffing allowance

A school’s total regular staffing allowance (in FTTEs) is obtained by—

##### (a)

adding 1 or more of the following that apply to the school:

##### (i)

its entitlement staffing:

##### (ii)

any special education staffing allowance:

##### (iii)

any special education management allowance:

##### (iv)

any beginning teacher allowance:

##### (v)

any mentor teacher allowance:

##### (vi)

any head of department beginning teacher time allowance:

##### (vii)

any overseas teacher time allowance:

##### (viii)

any study support grant time allowance:

##### (ix)

any resource teacher support allowance:

##### (x)

any classroom release time allowance:

##### (xi)

any large area school additional management staffing allowance:

##### (xii)

any specialist classroom teacher time allowance:

##### (xiii)

any specialist teacher time allowance:

##### (xiv)

any activity centre allowance:

##### (xv)

any teen parent unit allowance:

##### (xvi)

any Te Atakura allowance:

##### (xvii)

any instrumental and vocal music tuition allowance:

##### (xviii)

any itinerant music teacher allowance:

##### (xix)

any attached unit allowance:

##### (xx)

any community of learning release time allowance:

##### (xxi)

any community of learning inquiry time allowance:

##### (xxii)

the sum of any additional entitlements arising from an entitlement transfer agreement; and

##### (b)

subtracting from the resulting sum any entitlements that must be deducted as a result of an entitlement transfer agreement.

##### 30 Entitlement staffing

(1)

A primary, an intermediate, or a special school’s entitlement staffing as at any date in 2021 before the Secretary gives notice to the board of the March rolls is its formula-generated staffing allowance, ascertained in accordance with clause 54, based on its provisional rolls.

(2)

A primary, an intermediate, or a special school’s entitlement staffing as at any date in 2021 after the Secretary’s notice to the board of the March rolls is the greater of—

##### (a)

its formula-generated staffing allowance, ascertained in accordance with clause 54, based on its provisional rolls; and

##### (b)

its formula-generated staffing allowance, ascertained in accordance with clause 54, based on its March rolls.

(3)

A secondary or an area school’s entitlement staffing as at any date in 2021 before the Secretary gives notice to the board of the March rolls is its guaranteed minimum formula staffing.

(4)

A secondary or an area school’s entitlement staffing as at any date in 2021 after the Secretary’s notice to the board of the March rolls is the greater of—

##### (a)

its guaranteed minimum formula staffing; and

##### (b)

its formula-generated staffing allowance, ascertained in accordance with clause 54, based on its March rolls.

##### 31 Special education staffing allowance

(1)

The special education staffing allowance (in FTTEs), if any, of a school other than Ko Tāku Reo or BLENNZ is the number of special education students (excluding special education sensory students) on the school’s special education list multiplied by the following FTTEs:

##### (a)

0.1 for each special education extension student:

##### (b)

0.1 for each special education student with high needs:

##### (c)

0.2 for each special education student with very high needs.

(2)

The special education staffing allowance for each of Ko Tāku Reo and BLENNZ is calculated by—

##### (a)

adding the number of special education students on its special education list and the number of special education sensory students allocated to each school by the Secretary; and

##### (b)

multiplying the resulting sum by the following FTTEs:

##### (i)

0.1 for each special education extension student:

##### (ii)

0.1 for each special education student with high needs:

##### (iii)

0.2 for each special education student with very high needs.

##### 32 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).

##### 33 Beginning teacher allowance

(1)

In this clause, qualifying beginning teacher means a beginning teacher—

##### (a)

who is employed for 0.5 of an FTTE or more and is in the first 12 months of teaching; or

##### (b)

who is employed full-time and is in the second 12 months of teaching.

(2)

A school that employs a qualifying beginning teacher who has completed less than 12 months’ teaching has a beginning teacher allowance (in FTTEs) calculated by adding—

##### (a)

the product of 0.2 and the number of qualifying beginning teachers, if any, then employed at the school full-time; and

##### (b)

the product of 0.1 and the number of other qualifying beginning teachers, if any, then employed at the school.

(3)

A school that employs a qualifying beginning teacher who has completed 12 months’ teaching has a beginning teacher allowance (in FTTEs) calculated by adding, to any amount obtained from the calculation in subclause (2), the product of 0.1 and the number of qualifying beginning teachers, if any, then employed full-time at the school.

##### 34 Head of department beginning teacher time allowance for high schools and area schools

(1)

A high school that employs qualifying beginning teachers who have completed less than 24 months’ teaching has a head of department beginning teacher time allowance (in FTTEs) calculated by—

##### (a)

adding—

##### (i)

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

##### (ii)

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

##### (b)

multiplying the resulting sum by 0.04.

(2)

An area school that employs qualifying beginning teachers who have completed less than 12 months’ teaching has a head of department beginning teacher time allowance (in FTTEs) calculated by—

##### (a)

adding—

##### (i)

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

##### (ii)

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

##### (b)

multiplying the resulting sum by 0.04.

(3)

In this clause, qualifying beginning teacher has the meaning given to it in clause 33(1).

##### 35 Mentor teacher allowance

(1)

A board that employs an employment-based trainee teacher in an employment-based trainee teaching position has a mentor teacher allowance, calculated in accordance with subclause (2), if the trainee teacher—

##### (a)

is employed for 0.8 or more of an FTTE; and

##### (b)

is in the first or second 12 months of teaching.

(2)

The mentor teacher allowance is calculated by adding the number of employment-based trainee teachers and multiplying the resulting sum by—

##### (a)

0.2, if the trainee teacher is in the first 12 months of teaching; or

##### (b)

0.1, if the trainee teacher is in the second 12 months of teaching.

##### 36 Resource teacher support allowance

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

##### (a)

resource teacher: literacy:

##### (b)

resource teacher: literacy (Māori):

##### (c)

resource teacher: Māori:

##### (d)

resource teacher: vision:

##### (e)

resource teacher: hearing.

##### 37 Overseas teacher time allowance for high schools and area schools

(1)

In this clause, qualifying overseas-trained teacher means a teacher—

##### (a)

who—

##### (i)

has qualifications that are recognised for New Zealand teacher registration; and

##### (ii)

has been appointed to their first teaching position in a New Zealand State or State integrated school; and

##### (iii)

has completed less than 12 months’ teaching in a New Zealand State or State integrated school; and

##### (iv)

has been employed full-time from within the school’s total regular staffing allowance; and

##### (v)

has been appointed for a minimum of 20 weeks; and

##### (b)

in respect of whom the school employing the teacher has not, in the 2021 school year, been eligible for the beginning teacher time allowance.

(2)

A high school or an area school that employs a qualifying overseas-trained teacher has an overseas teacher time allowance in respect of that teacher of 0.1 FTTE for a maximum period of 20 weeks.

##### 38 Overseas teacher time allowance for schools other than high schools and area schools

(1)

In this clause, qualifying overseas-trained teacher means a teacher—

##### (a)

who—

##### (i)

has qualifications that are recognised for New Zealand teacher registration; and

##### (ii)

has been appointed to their first teaching position in a New Zealand State or State integrated school; and

##### (iii)

has completed less than 10 weeks’ teaching in a New Zealand State or State integrated school; and

##### (iv)

has been employed full-time from within the school’s total regular staffing allowance; and

##### (v)

has been appointed for a minimum of 10 weeks; and

##### (b)

in respect of whom the school employing the teacher has not, in the 2021 school year, been eligible for the beginning teacher time allowance.

(2)

A school other than a high school or an area school that employs a qualifying overseas-trained teacher has an overseas teacher time allowance in respect of that teacher of 0.1 FTTE for a maximum period of 10 weeks.

##### 39 Study support grant time allowance for high schools and area schools

A high school’s or an area school’s study support grant time allowance, if any, is 0.16 of an FTTE for each teacher employed by the school who holds a study support grant awarded by the Ministry.

##### 40 Classroom release time allowance

(1)

A primary, an intermediate, or a special school’s classroom release time allowance (in FTTEs), if any, is calculated by—

##### (a)

adding 1 or more of the following that apply to the school:

##### (i)

its entitlement staffing:

##### (ii)

any special education staffing allowance:

##### (iii)

any special education management allowance:

##### (iv)

the number of FTTEs for the time being represented by any senior teacher appointed in accordance with clause 83 to carry out special duties at normal schools:

##### (v)

the number of FTTEs for the time being represented by any supernumerary teachers who have elected to be redeployed in the school or approved for redeployment from another school:

##### (vi)

the sum of any additional entitlements arising from an entitlement transfer agreement; and

##### (b)

subtracting from the resulting sum—

##### (i)

any entitlements that must be deducted as a result of an entitlement transfer agreement; and

##### (ii)

1; and

##### (c)

if the resulting difference is not a whole number and results in a number that ends in a value that is less than 0.80 of an FTTE, rounding it down to the nearest whole number; and

##### (d)

multiplying the resulting number by 0.04.

(2)

An area, a year 7 to 13, or a restricted composite school’s classroom release time allowance (in FTTEs), if any, is calculated by—

##### (a)

adding—

##### (i)

the number that is obtained by making the calculation required by clause 55, adjusted in accordance with clause 56, that is made to determine the school’s curriculum delivery allowance but, for the part of the calculation that adds the items in clause 55(2), including only the items specified in clause 55(2)(a) and (e); and

##### (ii)

the product (rounded down to 1 decimal place, if not exactly divisible by 0.1) of—

##### (A)

the quotient obtained by dividing the sum of the items in clause 8(a) and (b) that apply to the school by its weighted roll; and

##### (B)

the sum of the items, in relation to the school, in clause 57(2)(a) and (b); and

##### (iii)

the product (rounded down to 1 decimal place, if not exactly divisible by 0.1) of—

##### (A)

the quotient obtained by dividing the school’s primary roll by its total roll; and

##### (B)

the number in clause 57(3) that applies to the school; and

##### (b)

if the resulting sum is not a whole number and results in a number that ends in a value that is less than 0.80 of an FTTE, rounding it down to the nearest whole number; and

##### (c)

multiplying the resulting number by 0.04.

(3)

For the purposes of subclause (2), a student who is enrolled in a secondary-tertiary programme must not be counted as being on an area or year 7 to 13 school’s weighted roll or total roll.

##### 41 Large area school additional management staffing allowance

(1)

An area school with a provisional roll of 750 or greater has a large area school additional management staffing allowance of 2 FTTEs.

(2)

For the purposes of this clause, a student who is enrolled in a secondary-tertiary programme must not be counted as being on an area school’s provisional roll.

##### 42 Specialist classroom teacher time allowance for high schools

(1)

For a high school with a provisional roll of 1,200 or fewer students, the high school’s specialist classroom teacher time allowance, if any, is 0.16 of an FTTE.

(2)

For a high school with a provisional roll of greater than 1,200 students, the high school’s specialist classroom teacher time allowance, if any, is 0.32 of an FTTE.

(3)

For the purposes of this clause, a student who is enrolled in a secondary-tertiary programme must not be counted as being on a high school’s provisional roll.

##### 43 Specialist teacher time allowance for area schools

(1)

For an area school with a roll of less than 100 students, the area school’s specialist teacher time allowance, if any, is 0.08 of an FTTE.

(2)

For an area school with a roll of 100 or more students, the area school’s specialist teacher time allowance, if any, is 0.16 of an FTTE.

(3)

For the purposes of this clause, a student who is enrolled in a secondary-tertiary programme must not be counted as being on an area school’s roll.

##### 44 Activity centre allowance for high schools

A high school’s activity centre allowance (in FTTEs), if any, is the number specified in the second column of Schedule 2 opposite the school’s name in the first column.

##### 45 Teen parent unit allowance for high schools

A high school with a teen parent unit approved by the Minister is entitled to a staffing allowance of the number of FTTEs and salary units shown in the second and third columns of Schedule 3 opposite the number in the first column that accords with the approved maximum roll of that school’s teen parent unit.

##### 46 Te Atakura allowance for high schools and area schools

A high school’s or an area 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 Māori who, before 1993, successfully completed training at a college of education under the Te Atakura scheme.

##### 47 Instrumental and vocal music tuition allowance for high schools, area schools, and restricted composite schools

(1)

A high school or an area school for which the Secretary approved an allowance for instrumental, vocal, or instrumental and vocal tuition in 2021 has an instrumental and vocal tuition allowance (in FTTEs) that is the product (correct to 2 decimal places) of 0.001 and the sum of—

##### (a)

the school’s secondary roll; and

##### (b)

the number of year 7 and year 8 students (if any) enrolled at the school.

(2)

A restricted composite school for which the Secretary approved an allowance for instrumental, vocal, or instrumental and vocal tuition in 2021 has an instrumental and vocal tuition allowance (in FTTEs) that is the product (correct to 2 decimal places) of 0.001 and the school’s secondary roll.

(3)

For the purposes of this clause, a student who is enrolled in a secondary-tertiary programme must not be counted as being on a school’s secondary roll.

##### 48 Itinerant music teacher allowance for high schools

A high school to which a full-time permanently appointed itinerant teacher of a musical instrument is attached has an itinerant music teacher allowance (in FTTEs) of—

##### (a)

0.1, if 1 teacher is attached:

##### (b)

0.2, if 2 teachers are attached:

##### (c)

0.3, if 3 or 4 teachers are attached:

##### (d)

0.4, if more than 4 teachers are attached.

##### 49 Attached unit allowance for special schools

A special school’s attached unit allowance, if any, is the number of FTTEs and salary units specified in the third and fourth columns of Schedule 4 opposite its name and the name of its attached unit in the first and second columns of that schedule respectively.

##### 50 Community of learning release time allowance

(1)

A school’s community of learning release time allowance is 0.4 of an FTTE for each teacher employed by the school in the role of Community of Learning Leadership or Community of Learning Teacher (Across Community).

(2)

A school’s community of learning release time allowance is 0.08 of an FTTE for each teacher employed by the school in the role of Community of Learning Teacher (Within School).

##### 51 Community of learning inquiry time allowance

A school that is a member of a community of learning has,—

##### (a)

if it has a formula-generated staffing allowance (determined by clause 54 and based on provisional rolls) of less than 10 FTTEs, a community of learning inquiry time allowance of 0.05 FTTE:

##### (b)

if it has a formula-generated staffing allowance (determined by clause 54 and based on provisional rolls) of 10 or more FTTEs, a community of learning inquiry time allowance (in FTTEs) calculated by—

##### (i)

dividing its formula-generated staffing allowance by 10; and

##### (ii)

multiplying the resulting quotient by 0.06.

#### Adjustments to schools’ total regular staffing entitlements through transfer of staffing entitlements between schools

##### 52 Transfer of staffing entitlements

(1)

In this order,—

entitlement transfer agreement means a written agreement between the boards of school A and school B to the effect that—

##### (a)

school A will relinquish entitlements to school B, where the entitlements comprise either or both of the following:

##### (i)

a specified number of FTTEs or salary units, or both, of teacher entitlements:

##### (ii)

a specified number of middle management allowances or senior management allowances, or both (management allowances); 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

school A means the school relinquishing the entitlements

school B means the school receiving the entitlements.

(2)

If an entitlement transfer agreement under this clause is given to the Secretary before 1 January 2021,—

##### (a)

the Secretary must deduct from the total regular staffing allowance of school A the number of FTTEs or salary units, or the number of management allowances, specified in the agreement; and

##### (b)

the Secretary must add to the total regular staffing allowance of school B the number of FTTEs or salary units, or the number of management allowances, specified in the agreement.

(3)

A school must not 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 instrumental or vocal music only with 1 of the secondary schools or high schools listed in the first column of Schedule 5.

(5)

A school listed in the first column of Schedule 5 must not, under entitlement transfer agreements entered into with 1 or more other schools for the 2021 school year, receive a total number of FTTEs of teacher entitlements relating to tuition in instrumental or vocal music that exceeds the number of FTTEs specified in the second column of that schedule opposite the name of the school.

(6)

A school must not enter into an entitlement transfer agreement that would transfer middle management allowances to a primary school or a special school.

(7)

A school must not enter into an entitlement transfer agreement that would transfer senior management allowances to a primary school, a special school, or an area school.

(8)

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.

##### 53 Application of clause 52 to special education

Clause 52 applies to entitlements in relation to special education teachers in the same way as it applies to entitlements in relation to other teachers.

#### Formula-generated staffing allowance

##### 54 Formula-generated staffing allowance

##### 55 Curriculum delivery allowance

(1)

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

(2)

The items are, in relation to a school,—

##### (a)

if it has a primary roll, the greater of 1 and the sum of—

##### (i)

the number of any students in year 1 on its Māori-medium roll divided by 15; and

##### (ii)

the number of any students in year 1 on its non-Māori-medium roll divided by 15; and

##### (iii)

the number of any students in years 2 and 3 on its Māori-medium roll divided by 18; and

##### (iv)

the number of any students in years 2 and 3 on its non-Māori-medium roll divided by 23; and

##### (v)

the number of any students in years 4 to 8 on its Māori-medium roll divided by 18; and

##### (vi)

the number of any students in years 4 to 8 on its non-Māori-medium roll divided by 29:

##### (b)

the sum of—

##### (i)

the number of any students in years 9 and 10 on its Māori-medium roll divided by 20; and

##### (ii)

the number of any students in years 9 and 10 on its non-Māori-medium roll divided by 23.5; and

##### (iii)

the number of any students in year 11 on its Māori-medium roll divided by 20; and

##### (iv)

the number of any students in year 11 on its non-Māori-medium roll divided by 23; and

##### (v)

the number of any students in year 12 on its Māori-medium roll divided by 18; and

##### (vi)

the number of any students in year 12 on its non-Māori-medium roll divided by 18; and

##### (vii)

the number of any students in year 13 or above on its Māori-medium roll divided by 17; and

##### (viii)

the number of any students in year 13 or above on its non-Māori-medium roll divided by 17:

##### (c)

if it has a secondary roll and that roll is 200 or less, 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 secondary students (to a maximum of 5) on its secondary roll:

##### (d)

if it has a secondary roll and that roll is greater than 200, the product of 1.2 and the number of levels of full-time secondary students (to a maximum of 5) on its secondary roll:

##### (e)

the quotient obtained by dividing its specialist instruction roll (if any) by 120.

(3)

In this clause, number of levels of full-time secondary 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.

(4)

For the purposes of subclause (2)(b), a student who is enrolled in a secondary-tertiary programme must not be counted as being on a school’s Māori-medium or non-Māori-medium roll.

(5)

This clause is subject to clause 56.

##### 56 Adjustments to calculation of curriculum delivery allowance for any school with primary roll

(1)

For a school with a primary roll of 176 or greater, if the sum referred to in clause 55(2)(a) is less than 7, the sum must be replaced by 7.

(2)

For a school that has a primary roll that is less than 176, if the sum referred to in clause 55(2)(a) does not result in a quotient of 25 or smaller when the school’s primary roll is divided by the sum’s integer value, the sum must be increased to the first whole number that will ensure that the quotient obtained is 25 or smaller.

##### 57 Management time allowance

(1)

A school’s management time allowance (in FTTEs) is the sum obtained by adding each of the items in subclause (2) that apply to the school to the number in subclause (3) that applies to the school and, if the resulting sum is not exactly divisible by 0.1, rounding it down to 1 decimal place.

(2)

The items, in relation to a school, are—

##### (a)

the product of 0.0003 and its weighted roll:

##### (b)

the product of 0.017 and the square root of its weighted roll.

(3)

The number is—

##### (a)

0.2, if the school’s roll is 28 or less; or

##### (b)

0.3, if the school’s roll is 29 or more but less than 61; or

##### (c)

0.4, if the school’s roll is 61 or more but less than 93; or

##### (d)

0.5, if the school’s roll is 93 or more but less than 124; or

##### (e)

0.6, if the school’s roll is 124 or more but less than 156; or

##### (f)

0.7, if the school’s roll is 156 or more but less than 187; or

##### (g)

0.8, if the school’s roll is 187 or more but less than 219; or

##### (h)

0.9, if the school’s roll is 219 or more but less than 250; or

##### (i)

1.0, if the school’s roll is 250 or more.

(4)

For the purposes of subclause (3), a restricted composite school’s roll is the sum of the number of students, if any, enrolled in years 7 to 10 at the school.

(5)

For the purposes of subclause (2), a student who is enrolled in a secondary-tertiary programme must not be counted as being on a school’s weighted roll.

##### 58 Additional guidance allowance for high schools, area schools, restricted composite schools, and special schools

###### If roll is less than 201

(1)

The additional guidance allowance (in FTTEs) of a high school, an area school, a restricted composite school, or a special school is, if its secondary roll is less than 201, the number, correct to 1 decimal place, obtained by—

##### (a)

multiplying that roll by 0.00185; and

##### (b)

adding 0.08 to the resulting product; and

##### (c)

multiplying the resulting sum by the number of levels of full-time secondary students (to a maximum of 5) on its secondary roll.

###### If roll is 201 or more but less than 451

(2)

The additional guidance allowance (in FTTEs) of a high school, an area school, a restricted composite school, or a special school is, if its secondary roll is 201 or more but less than 451, the product, correct to 1 decimal place, of 0.45 and the number of levels of full-time secondary students (to a maximum of 5) on its secondary roll.

###### If roll is 451 or more

(3)

The additional guidance allowance (in FTTEs) of a high school, an area school, a restricted composite school, or a special school is, if its secondary roll is 451 or more, the number, correct to 1 decimal place, that is obtained by—

##### (a)

multiplying the number of levels of full-time secondary students (to a maximum of 5) by 0.45; and

##### (b)

adding 0.4 to the resulting product.

(4)

In this clause, number of levels of full-time secondary students has the meaning given to it in clause 55(3).

## Part 4 Rolls

#### Rolls estimated and notified

##### 59 Secretary must estimate and notify provisional rolls

(1)

Before 30 September 2020, the Secretary must give the board of every school written notice of the rolls estimated for that school under subclause (2), (3), or (4) (as the case may be).

(2)

The Secretary must estimate the roll and Māori-medium roll of every primary school as at 10 October 2021.

(3)

The Secretary must estimate the roll and Māori-medium roll of every intermediate school, restricted composite school, high school, and special school as at 1 March 2021.

(4)

The Secretary must estimate the roll and Māori-medium roll of every area school by adding the Secretary’s estimate of the number of year 1 students or year 1 Māori-medium students as at 10 October 2021 and the number of year 2 to year 15 students or year 2 to year 15 Māori-medium students as at 1 March 2021.

(5)

A board may request a review of the roll notified by the Secretary.

(6)

If a review is requested by the board, the Secretary must review the estimate of the roll and either—

##### (a)

confirm it as the provisional roll; or

##### (b)

amend it and confirm the amended roll as the provisional roll.

#### Ascertaining, notifying, and confirming March rolls and October rolls from March 2021 onwards

##### 60 Board must ascertain and notify March rolls

As soon as practicable after 1 March 2021, the board of every school must give the Secretary, in the form and manner determined by the Secretary, written notice of the school’s roll and Māori-medium roll as at 1 March 2021.

##### 61 Secretary must confirm March rolls

(1)

If the Secretary is satisfied that the rolls notified by the board are accurate, the Secretary must give the board written notice that,—

##### (a)

for any school other than an area school, the numbers notified will have effect as the school’s confirmed rolls; or

##### (b)

for an area school, the numbers notified, with the addition of eleven-twelfths of the number of year 1 students and year 1 Māori-medium students (rounded up to the nearest whole number if it is not already a whole number), will have effect as the school’s confirmed rolls.

(2)

If the Secretary is satisfied that the numbers notified are not accurate, or if the Secretary did not receive the board’s notice, the Secretary must give the board written notice of the Secretary’s estimate of the school’s roll and Māori-medium roll as at 1 March 2021 and state that,—

##### (a)

for any school other than an area school, the estimate will have effect as the school’s confirmed rolls; or

##### (b)

for an area school, the estimate, with the addition of eleven-twelfths of the number of year 1 students and year 1 Māori-medium students (rounded up to the nearest whole number if it is not already a whole number), will have effect as the school’s confirmed rolls.

##### 62 Secretary must estimate October rolls

(1)

As soon as practicable after 10 March 2021, the Secretary must give the board of every primary school written notice of the school’s roll and Māori-medium roll estimated for that school as at 10 October 2021.

(2)

The Secretary’s estimate of the school’s 10 October 2021 roll must not be less than the number obtained by adding the non-Māori-medium roll component of its March rolls and eleven-twelfths of the number of year 1 students in that component (rounded up to the nearest whole number if it is not already a whole number).

(3)

The Secretary’s estimate of the school’s 10 October 2021 Māori-medium roll must not be less than the number obtained by adding the non-Māori-medium roll component of its March rolls and eleven-twelfths of the number of year 1 students in that component (rounded up to the nearest whole number if it is not already a whole number).

(4)

Before giving notice under subclause (1), the Secretary must consider the notice provided by the board under clause 60.

#### How certain types of students are treated for purposes of determining rolls

##### 63 Certain international students not counted

An international student must not be included in any roll or special education list for the purposes of this order unless the student—

##### (a)

is of a kind exempted (under a notice under section 522 of the Act) from paying all of the amount required to be paid by section 521 of the Act; or

##### (b)

has been or is to be paid, by the Ministry of Foreign Affairs and Trade, all of the amount required to be paid by section 521 of the Act.

##### 64 Part-time students enrolled in high schools or in area schools

(1)

Every part-time student enrolled or to be enrolled at a high school or an area 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.

(2)

If the resulting product for a year level is not a whole number, it must be rounded up to the nearest higher whole number.

(3)

Clause 63 overrides subclause (1).

##### 65 Secondary students enrolled in combined secondary-tertiary courses

(1)

Every secondary student enrolled in a combined secondary-tertiary course must be treated as a fraction of a full-time student calculated in accordance with the following formula:

a = b ÷ (b + c)

where—

- a
is the fraction of a full-time student calculation result

- b
is the average number of hours of secondary schooling tuition the student receives or is to receive in a week

- c
is the average number of tertiary learning hours the student receives or is to receive in a week.

(2)

For the purposes of this clause, combined secondary-tertiary course means a course of combined secondary and tertiary education for a secondary student that the Secretary has, by notice in writing to the school where the student is enrolled, approved as a course to which this clause applies.

## Part 5 Provisions relating to specified schools or types of school

#### Application of Parts 3 and 4 to schools listed in Schedules 6 to 8

##### 66 Provisions in Parts 3 and 4 that apply to schools in this Part

(1)

A special school listed in any of Schedules 6 to 8 has 1 or more of the following allowances and entitlements that apply to the school:

##### (a)

any special education staffing allowance calculated under clause 31:

##### (b)

any special education management allowance calculated under clause 32:

##### (c)

any beginning teacher allowance calculated under clause 33:

##### (d)

any overseas teacher time allowance calculated under clause 38:

##### (e)

any classroom release time allowance calculated under clause 40:

##### (f)

any attached unit allowance under clause 49:

##### (g)

any entitlements arising from an entitlement transfer agreement.

(2)

Except as provided in subclause (1) and in clauses 52 and 53, Parts 3 and 4 do not apply to a special school that is listed in any of Schedules 6 to 8.

#### Entitlement staffing, principal’s grade, and salary units of schools listed in Schedules 6 to 8

##### 67 Special schools for Oranga Tamariki—Ministry for Children

The entitlement staffing, principal’s grade, and salary units of a special school for Oranga Tamariki—Ministry for Children students are specified in the second, third, and fourth columns, respectively, of Schedule 6, opposite the school’s name in the first column of that schedule.

##### 68 Special residential schools

The entitlement staffing, principal’s grade, and salary units of a special residential school are specified in the second, third, and fourth columns, respectively, of Schedule 7, opposite the school’s name in the first column of that schedule.

##### 69 Regional health schools

The entitlement staffing, principal’s grade, and salary units of a regional health school are specified in the second, third, and fourth columns, respectively, of Schedule 8, opposite the school’s name in the first column of that schedule.

## Part 6 Exemptions

##### 70 Special reason for exemption

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

##### 71 Schools subject to interventions

If the Minister or the Secretary has applied any of the interventions described in section 171 of the Act to a school, the Secretary may exempt the board or any commissioner of the school from any or all of the limitations imposed by this order, and may impose conditions on any exemption, if the Secretary is satisfied that the exemption and any conditions are necessary in the circumstances.

##### 72 Board-funded teachers

The Secretary may exempt a board, in respect of a school it administers, from the limitations imposed by this order if the Minister has given consent to the board under section 580 of the Act.

##### 73 Overriding of clause 14(1) and (2) for supernumerary teachers after notice of provisional rolls

(1)

A board may continue to employ any permanently appointed regular teacher who, following receipt of the Secretary’s notice of the school’s provisional rolls, has become supernumerary.

(2)

This clause overrides clause 14(1) and (2).

##### 74 Overriding of clause 14(1) and (2) based on employment during 2021 school year

(1)

A board may employ more permanently appointed regular teachers than is permitted under clause 14(1), and may employ more other regular teachers than is permitted under clause 14(2), if,—

##### (a)

at some other time during the 2021 school year, the board 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 the school under clause 14(1) or (2); and

##### (c)

the net effect during the 2021 school year of employing the additional teachers does not result in the school’s board employing regular teachers representing a greater number of FTTEs than it is entitled to employ over that school year.

(2)

This clause overrides clause 14(1) and (2).

##### 75 Suspension of clause 74 if 10% limit exceeded

(1)

The Secretary may notify a board, in writing, that clause 74 does not apply to it if the circumstances in subclause (2) exist.

(2)

The circumstances are that, contrary to clause 74, the board employs a regular teacher whose employment causes the number of regular teachers employed at the school to exceed by more than 10% the number of FTTEs that the board is entitled to employ at the school.

(3)

If a board receives a notice under subclause (1), clause 74 does not apply for the period specified in subclause (4).

(4)

The period during which the notice applies is 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 the school under clause 14(1) or (2) during that period.

##### 76 Exemption for surplus to carry over until 31 March 2021

(1)

(2)

The circumstances are that the board employed fewer regular teachers at the school during the 2020 school year than equated to the number of FTTEs that the board was entitled to employ under a provision set out in clause 14 of the Education (2020 School Staffing) Order 2019.

(3)

In this clause, surplus means a positive number that is obtained by subtracting the number of FTTEs that the board employed at a school during the 2020 school year from the number it was entitled to employ at the school under clause 14 of the Education (2020 School Staffing) Order 2019.

##### 77 Roll increases

The Secretary may exempt a board, in respect of a 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.

##### 78 Time allowance for teachers on long-term training

The Secretary may exempt a board, in respect of a 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 who is absent on a long-term training course.

##### 79 Resource teachers

(1)

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

##### (a)

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

##### (b)

students enrolled at the school or at other schools have particular educational needs that can and should be met by the employment of 1 or more resource teacher managers: learning and behaviour:

##### (c)

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 (Māori):

##### (d)

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

(2)

The maximum number of FTTEs in respect of which the Secretary may grant an exemption under subclause (1) (on a national basis and 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 1 to year 10 students enrolled at State schools by 633:

##### (b)

in respect of resource teacher managers: learning and behaviour, 40:

##### (c)

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

##### (d)

in respect of resource teachers: Māori, 53.

##### 80 Learning support co-ordinators

(1)

The Secretary may exempt a board, in respect of a school it administers, from the limitations imposed by this order if students enrolled at the school or at other schools have particular educational needs that can and should be met by the employment of 1 or more learning support co-ordinators.

(2)

The maximum number of FTTEs in respect of which an exemption under subclause (1) may be granted (on a national basis and across all State schools) is 623.

##### 81 Protection of supernumerary teachers

The Secretary may exempt a board, in respect of a school it administers, from the limitations imposed by this order if the exemption is necessary to preserve the continued employment of any permanently appointed regular teacher employed by the board immediately before 1 January 2020 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.

##### 82 Reading recovery in primary and area schools

(1)

The Secretary may exempt the board of a primary school or an area school, in respect of a school it administers, from the limitations imposed by this order if 1 or more of the following circumstances exist:

##### (a)

the school participates in the training of reading recovery teachers:

##### (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:

##### (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 (on a national basis and across all primary and area schools) is 271.

##### 83 Normal and model schools

The Secretary may exempt a board, in respect of a normal or model school it administers, from the limitations imposed by this order to ensure that the school is able—

##### (a)

to recruit and retain sufficient skilled and experienced teachers to carry out the special functions of normal and model schools; and

##### (b)

to carry out the extra work required by the performance of those functions.

##### 84 Maintenance of specified programmes in high schools and area schools

The Secretary may exempt a board, in respect of a high school or an area 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 2020 level or some lower level) in order to maintain a specified programme of instruction that might otherwise be discontinued.

##### 85 Protection of associate principals in high schools

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

##### (a)

the school’s entitlement to an associate principal has been (or, but for the exemption, would be) affected by a reorganisation, change in attendance, closure, amalgamation, or change in class of the school; and

##### (b)

it is desirable to exempt the board from the limitation in order to preserve the position.

##### 86 Deaf and hearing-impaired students

The Secretary may exempt the board of Ko Tāku Reo from the limitations imposed by this order if the students at that school have particular educational needs that can and should be met by the employment of not more than 127.5 resource teachers: hearing.

##### 87 Blind and vision-impaired students

The Secretary may exempt the board of BLENNZ from the limitations imposed by this order if the students at the school have particular educational needs that can and should be met by the employment of not more than 61.5 resource teachers: vision.

## Part 7 Revocation

##### 88 Revocation

The Education (2019 School Staffing) Order 2018 (LI 2018/129) is revoked.

## Schedule 1 Grades for principals’ positions

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 | |

U11 | 1,401–1,600 | |

U12 | 1,601–1,800 | |

U13 | 1,801–2,000 | |

U14 | 2,001–2,200 | |

U15 | 2,201–2,400 | |

U16 | 2,401 and above |

## Schedule 2 Activity centre allowance

School | Staffing (FTTEs) | Salary units | ||
---|---|---|---|---|

Bayfield High School | 2.0 | 2 | ||

Gisborne Girls’ High School | 2.0 | 2 | ||

Hastings Boys’ High School | 2.0 | 2 | ||

Hutt Valley High School | 2.0 | 2 | ||

James Hargest College | 2.0 | 2 | ||

Mana College | 2.0 | 2 | ||

Napier Boys’ High School | 2.0 | 2 | ||

Palmerston North Boys’ High School | 2.0 | 2 | ||

Papakura High School | 2.0 | 2 | ||

Rotorua Boys’ High School | 2.0 | 2 | ||

St Patrick’s College (Kilbirnie) | 2.0 | 2 | ||

Spotswood College | 2.0 | 2 | ||

Western Springs College | 2.0 | 2 |

## Schedule 3 Teen parent unit allowance

Approved maximum roll | Staffing (FTTEs) | Salary units | ||
---|---|---|---|---|

20 | 2.0 | 2 | ||

25 | 2.5 | 2 | ||

30 | 3.0 | 3 | ||

35 | 3.5 | 3 | ||

40 | 4.0 | 4 | ||

45 | 4.5 | 4 | ||

50 | 5.0 | 5 |

## Schedule 4 Units attached to special schools

School | Attached unit | Entitlement staffing in FTTEs | Salary units | |||

Central Regional Health School | Epuni Education Programme | 5.6 | 4 | |||

Central Regional Health School | Lower North Youth Justice Residence | 8.9 | 8 | |||

Kingslea School | Te Maioha o Parekarangi Rotorua Youth Justice Residence | 8.9 | 8 |

## Schedule 5 Instrumental and vocal music tuition

School | Staffing (FTTEs) | ||
---|---|---|---|

Auckland Grammar School | 4.0 | ||

Freyberg High School | 2.0 | ||

Geraldine High School | 5.0 | ||

Hagley Community College | 14.0 | ||

James Hargest College | 5.0 | ||

Macleans College | 2.0 | ||

Mt Albert Grammar School | 2.0 | ||

Otahuhu College | 1.0 | ||

Pakuranga College | 1.0 | ||

Queen’s High School | 7.0 | ||

Rangitoto College | 2.0 | ||

Saint Peter’s College (Auckland) | 1.0 | ||

Tauranga Boys’ College | 4.0 | ||

Waikato Diocesan School for Girls | 12.0 | ||

Whakatane High School | 2.0 |

## Schedule 6 Entitlement staffing, etc, of special schools for Oranga Tamariki—Ministry for Children students

School | Entitlement staffing in FTTEs | Principal’s grade | Salary units | |||

Kingslea | 35 | U9 | 41 |

## Schedule 7 Entitlement staffing, etc, of special residential schools

School | Entitlement staffing in FTTEs | Principal’s grade | Salary units | |||
---|---|---|---|---|---|---|

Halswell Residential College | 7.9 | U4 | 7 | |||

Salisbury School | 5.0 | U4 | 4 | |||

Westbridge Residential School | 7.9 | U4 | 7 |

## Schedule 8 Entitlement staffing, etc, of regional health schools

School | Entitlement staffing in FTTEs | Principal’s grade | Salary units | |||
---|---|---|---|---|---|---|

Central Regional Health School | 30.0 | U7 | 34 | |||

Northern Health School | 100.0 | U10 | 120 | |||

Southern Regional Health School | 28.1 | U5 | 33 |

Michael Webster,

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 4 September 2020, sets limits on the numbers of teachers who may be employed at payrolled schools during the 2021 school year.

The changes from the Education (2020 School Staffing Order) 2019 are as follows:

clauses 16(3), 31(1) and (2), and 86 are changed to reflect the fact that Kelston Deaf Education Centre and van Asch Deaf Education Centre have merged to form a continuing school with a new name, Ko Tāku Reo:

clause 58 is changed so that schools with more than 451 secondary students receive an increase of 0.4 FTTE in guidance staffing entitlement:

Schedule 2 is changed to remove 4 high schools that no longer have activity centres and to add 3 high schools that now have activity centres:

Schedule 3 is changed to remove the provision for a school with a maximum roll of 23, because no school has this approved maximum roll:

Schedule 8 is changed to increase the entitlement staffing in FTTEs and salary units for certain schools.

Date of notification in *Gazette*: 6 August 2020.

###### Notes

###### 1 General

This is a consolidation of the Education (2021 School Staffing) Order 2020 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

###### 2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

###### 3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

###### 4 Amendments incorporated in this consolidation

Education (2023 School Staffing) Order 2022 (SL 2022/219): clause 90