Education (Early Childhood Services) Amendment Regulations (No 2) 2021

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2021/420

Coat of Arms of New Zealand

Education (Early Childhood Services) Amendment Regulations (No 2) 2021

Cindy Kiro, Governor-General

Order in Council

At Wellington this 13th day of December 2021

Present:
The Right Hon Jacinda Ardern presiding in Council

These regulations are made under section 636 of the Education and Training Act 2020 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Education (Early Childhood Services) Amendment Regulations (No 2) 2021.

2 Commencement

These regulations come into force on 1 June 2022.

3 Principal regulations
4 Regulation 3 amended (Interpretation)

(1)

In regulation 3, insert in its appropriate alphabetical order:

home-based service qualification means, for the purposes of regulation 44(1)(a)(i) and Schedule 1A,—

(a)

for a person responsible at a licensed home-based education and care service, an early childhood teaching qualification recognised by the Teaching Council of Aotearoa New Zealand for registration purposes:

(b)

for an educator at a licensed home-based education and care service, any of the following qualifications:

(i)

an early childhood education qualification that is—

(A)

at level 4 or above on the Qualifications Framework; or

(B)

recognised by the Teaching Council of Aotearoa New Zealand for registration purposes:

(ii)

an early childhood education qualification at level 3 on the Qualifications Framework, completed prior to 1 June 2022:

(iii)

a qualification developed by Te Kōhanga Reo National Trust Board at level 5 or above on the Qualifications Framework:

(iv)

a primary teaching qualification that is—

(A)

listed in the Qualifications Framework; or

(B)

recognised by the Teaching Council of Aotearoa New Zealand for registration purposes:

(v)

an early childhood education qualification obtained overseas but recognised by NZQA as comparable to a qualification described in subparagraphs (i) and (ii)

(2)

In regulation 3, definition of recognised qualification,—

(a)

in paragraph (a), replace “under regulation 44(1)(a)” with “under regulation 44(1)(a)(ii)”:

(b)

revoke paragraph (a)(iii):

(c)

in paragraph (ab), replace “under regulation 44(1)(a)” with “under regulation 44(1)(a)(ii)”.

5 Regulation 28 amended (Additional requirements for licensed home-based education and care service)

After regulation 28(1)(d), insert:

(e)

for each of the service provider’s licences, maintain a list of educators engaged by the service provider and evidence of each educator’s home-based service qualification(s).

6 Regulation 44 amended (Qualifications, ratios, and service-size standard: general)

(1)

Replace regulation 44(1)(a) with:

(a)

to comply with,—

(i)

for licensed home-based education and care services, the applicable requirements of Schedule 1A (which relates to qualification requirements for persons responsible at, and educators working at, home-based education and care services); or

(ii)

for every other licensed service provider to whom this regulation applies, the applicable requirements of Schedule 1 (which relates to qualification requirements for adults working at early childhood education and care centres or hospital-based education and care services); and

(2)

After regulation 44(3), insert:

(3A)

For the purposes of applying the percentage-based requirements in Schedule 1A,—

(a)

for every licensed home-based education and care service, percentages are assessed on a month-by-month basis (starting on the first day of each month and ending on the last day of each month):

(b)

in any given month, educators can only count towards the required percentage if they provide a home-based education and care service on at least 4 days in that month:

(c)

in any given month, educators can only count towards 1 licence of a service provider that they work for in that month:

(d)

for the purpose of calculating percentages to determine compliance with regulation 11(1)(a), paragraph (b) does not apply:

(e)

if the application of this schedule results in a number of educators who must hold a home-based service qualification that is not a whole number, the number of educators required is determined as follows:

(i)

any number of educators that includes a fraction of 0.5 or more must be rounded up to the nearest whole number; and

(ii)

any number of educators that includes a fraction of less than 0.5 must be rounded down to the nearest whole number.

(3)

In regulation 44(4), replace the definition of excluded service with:

excluded service means a kōhanga reo affiliated to Te Kōhanga Reo National Trust Board or a playcentre affiliated to Te Whānau Tupu Ngātahi o Aotearoa — Playcentre Aotearoa (other than a kōhanga reo or playcentre that has been approved by the Secretary, after consultation with Te Kōhanga Reo National Trust Board or Te Whānau Tupu Ngātahi o Aotearoa — Playcentre Aotearoa, as a centre that is to comply with the qualification requirements for a teacher led centre)

(4)

In regulation 44(4), replace the definition of teacher led service with:

teacher led service means any early childhood service that is not—

(a)

a home-based education and care service; or

(b)

an excluded service

7 Schedule 1 amended

(1)

In the Schedule 1 heading, replace Qualification requirements with Qualification requirements: early childhood education and care centres and hospital-based education and care services.

(2)

In the Schedule 1 heading, replace “r 44(1)(a)” with “r 44(1)(a)(ii)”.

(3)

In Schedule 1, after “Te Kōhanga Reo National Trust”, insert “Board” in each place.

(4)

In Schedule 1, delete “Licensed home-based education and care services”.

8 New Schedule 1A inserted

After Schedule 1, insert the Schedule 1A set out in the Schedule of these regulations.

Schedule New Schedule 1A inserted

r 8

Schedule 1A Qualification requirements: home-based education and care services

r 44(1)(a)(i)

Applicable datesRequirement
From 1 June 2022Person responsible must hold home-based service qualification and practising certificate
From 1 June 2022Ten percent of educators must hold home-based service qualification
From 1 January 2023Thirty percent of educators must hold home-based service qualification
From 1 January 2024Sixty percent of educators must hold home-based service qualification
From 1 January 2025Eighty percent of educators must hold home-based service qualification
From 1 January 2025

Within 6 months of joining a licensed home-based education and care service, educators without a home-based service qualification must be enrolled in a course offering a home-based service qualification and they must complete the qualification—

(a)

within 4 years of enrolment, if the qualification is an early childhood teaching qualification at level 7 or above on the Qualifications Framework; or

(b)

within 2 years of enrolment, for any other qualification

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 June 2022, amend the Education (Early Childhood Services) Regulations 2008 (the principal regulations).

Regulation 4 amends regulation 3 of the principal regulations to consolidate the existing qualification requirement for persons responsible at licensed home-based education and care services with the new requirements for educators working at licensed home-based education and care services. These qualification requirements are now contained in the definition of home-based service qualification, for the purposes of the amended regulation 44 and new Schedule 1A.

Regulation 5 amends regulation 28 to require service providers operating a licensed home-based education and care service to maintain, for each licence, a list of educators engaged by the service provider and evidence of their home-based service qualification.

Regulation 6 amends regulation 44 of the principal regulations to create separate qualification requirements for those working at licensed home-based education and care services. In particular, new regulation 44(3A) is inserted, which provides the rules for calculating percentages for the purposes of meeting the percentage-based requirements in new Schedule 1A.

Regulation 7 amends Schedule 1 of the principal regulations to remove references to licensed home-based education and care services and to reflect the changes made to regulation 44.

Regulation 8 inserts new Schedule 1A, which outlines the requirements for licensed home-based education and care services to meet the qualifications element of the qualifications, ratios, and service-size standard: general set out in regulation 44. The qualification requirement for persons responsible in new Schedule 1A is the same as in the version of the principal regulations immediately preceding the commencement of these regulations.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 16 December 2021.

These regulations are administered by the Ministry of Education.