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

(2) In this order, unless the context otherwise requires, terms defined by section 91A(1) of the Act have the meanings given to them by that section.

(3) A school's roll comprises all the students enrolled at the school, including Maori-medium students and special education students.

(4) For the purposes of this order,—

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

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

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

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

(1) A student who first enrols at a primary institution before the age of 7 and who is subsequently educated at primary institutions without substantial interruption—

• (a) is a year 7 student in the year in which the student first enrols at an intermediate school; and

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

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

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

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

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

• (a) the school's likely March roll (in the Board's opinion); and

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

(1) As soon as practicable after the commencement of this order, the Secretary must—

• (a) estimate the March roll of every school; and

• (b) estimate the Maori-medium roll as at 1 March 2006 of every school; and

• (c) estimate the special education list as at 1 March 2006 of every school; and

• (d) give the Board of every school written notice of the rolls and list estimated for that school.

(2) The Secretary must not estimate the school's March roll, Maori-medium roll, or special education list under subclause (1) without considering—

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

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

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

• (a) ascertain the school's March roll; and

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

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

If a notice under clause 8 is not received from the Board of a school before 11 March 2006, the Secretary must, as soon as practicable, take any steps the Secretary thinks fit to ascertain the school's March roll, Maori-medium roll, and special education list, and give the school's Board written notice that—

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

• (b) the numbers of students specified in the notice (being the Secretary's best estimate of the school's March roll, Maori-medium roll, and special education list) will have effect as the school's confirmed rolls and list.

(1) If a notice under clause 8 from the Board of a school reaches the Secretary before 11 March 2006, the Secretary must,—

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

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

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

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

• (b) the number of students specified in the notice (being the Secretary's best estimate of the school's March roll, Maori-medium roll, and special education list) will have effect as the school's confirmed rolls and list.

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

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

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

(1) In this clause,—

(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 staffing roll to the number of visiting students; and

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

(1) A school's curriculum delivery allowance (in FTTEs) is

(2) If the result of the calculation under subclause (1) is not exactly divisible by 0.1, the figure must be rounded up to 1 decimal place.

(3) If a school's roll is less than 176, and if the quotient obtained by dividing the school's roll by the integer of the sum referred to in subclause (1) as p is over 26, p must be increased to the first whole number that will ensure the quotient obtained by dividing the school's roll by the integer value of p is equal to or less than 26.

(4) If a school's roll is 176 or more, and if the value of p is less than 7, then p must be given the value of 7.

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

• (a) the product of 3.5 and the number of students then included on its staffing roll; and

• (b) the product of 0.5 and the number of state students of years 7 and 8 who attend the school for instruction in technology or some other specialist subject.

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

• (a) adding—

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

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

  • (iii) the product of 0.05 and the number of resource teachers: Maori employed at the school by virtue of an exemption granted under clause 36(1)(c); and

  • (iv) either,—

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

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

    • (C) if the school's roll is 61 or more, 0.4; and

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

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

• (a) its curriculum delivery allowance; and

• (b) its management time allowance.

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

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

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

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).

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

A school's classroom release time allowance (in FTTEs) is obtained by—

• (a) adding—

  • (i) its entitlement staffing; and

  • (ii) any special education staffing allowance; and

  • (iii) any special education management allowance; and

  • (iv) the number of FTTEs for the time being represented by any senior teacher appointed in accordance with clause 42 to carry out special duties at normal schools; and

  • (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; and

  • (vi) the sum of any additional entitlements arising under clause 24 from an entitlement transfer agreement; and

• (b) subtracting from the resulting sum—

  • (i) any entitlements that must be deducted under clause 24 as a result of an entitlement transfer agreement; and

  • (ii) 1; and

• (c) if the resulting difference is not a whole number, rounding it down to the nearest lower whole number; and

• (d) multiplying the resulting whole number by 0.04.

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

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

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

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

• (a) the product of—

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

  • (ii) 0.2; and

• (b) the product of—

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

  • (ii) 0.1.

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

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

• (b) 0.1.

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

• (a) resource teacher: learning and behaviour; or

• (b) resource teacher: literacy; or

• (c) resource teacher: literacy (Maori).

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

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

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

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

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

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

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

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

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

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

Clause 24 applies to entitlements in relation to special education teachers in the same way as it applies to entitlements in relation to other teachers.

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

• (a) adding—

  • (i) its entitlement staffing; and

  • (ii) any special education staffing allowance; and

  • (iii) any special education management allowance; and

  • (iv) any supplementary learning support time allowance; and

  • (v) any classroom release time allowance; and

  • (vi) any beginning teacher allowance; and

  • (vii) any supplementary learning support teacher support allowance; and

  • (viii) any resource teacher support allowance; and

  • (ix) the sum of any additional entitlements arising under clause 24 from an entitlement transfer agreement; and

• (b) subtracting from the resulting sum any entitlements that must be deducted under clause 24 as a result of an entitlement transfer agreement.

(1) A school's entitlement staffing at a time in 2006 before its confirmed rolls and list have been notified by the Secretary under clause 9 or clause 10(2), or confirmed by the Secretary under clause 10(1)(b), is its formula-generated staffing allowance, ascertained in accordance with clause 16, based on its provisional rolls as estimated under clause 7.

(2) A school's entitlement staffing at a time in 2006 after its confirmed rolls and list have been notified by the Secretary under clause 9 or clause 10(2), or confirmed by the Secretary under clause 10(1)(b), is the greater of—

• (a) its formula-generated staffing allowance, ascertained in accordance with clause 16, based on its provisional rolls as estimated under clause 7; and

• (b) its formula-generated staffing allowance, ascertained in accordance with clause 16, based on its confirmed rolls as notified by the Secretary under clause 9 or clause 10(2), or confirmed by the Secretary under clause 10(1)(b).

(1) The Board of a school may not employ a permanently appointed regular teacher whose employment generates a number of FTTEs greater than—

• (a) its entitlement staffing; and

• (b) the number of FTTEs of staffing allocated by the Secretary to the attached secondary unit of a restricted composite school.

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

(3) The Board of a school may not make a permanent appointment of a regular teacher without the consent of the Secretary if the school's formula-generated staffing based on its rolls as estimated under clause 7 exceeds its formula-generated staffing allowance as generated by its rolls as confirmed under clauses 9 and 10, by 1.0 FTTE or more.

(4) Despite subclauses (1) and (2), the Board of a school may continue to employ any permanently appointed regular teacher who, following receipt of the Secretary's notice of the school's provisional rolls and list estimated under clause 7, has become supernumerary.

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

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

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

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

If, during the 2006 school year, a Board employs fewer regular teachers at a school than equate to the number of FTTEs that the Board is entitled to employ at that school under clause 28, there is no entitlement to carry the net surplus over after 31 March 2007.

(1) If, contrary to clause 28(5)(b), a Board employs a regular teacher whose employment causes the number of regular teachers employed at a school to exceed by more than 10% the number of FTTEs that the Board is entitled to employ at that school, the Secretary may notify the Board, in writing, that clause 28(5) does not apply to it.

(2) A notice under subclause (1) applies from the date on which it is received by the Board until the date on which the number of regular teachers employed by the Board at the school during the year up to that date equals the number of FTTEs that the Board was entitled to employ at that school under clause 28(1) or (2) during that period.

(3) If a Board receives a notice under subclause (1), clause 28(5) does not apply to that Board from the date of receipt of that notice until the date on which that notice ceases to apply in accordance with subclause (2).

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

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

(3) Subclauses (1) and (2) do not prevent the appointment of a principal during the term of his or her predecessor in office.

The maximum number of deputy or assistant principals (however described) that may be employed at a school is,—

• (a) if the school has 21 or fewer FTTEs, 2:

• (b) if the school has more than 21 FTTEs, 3.

(1) Subject to clause 34, the Board of a school may not employ regular teachers to whom salary units have been allocated (whether permanently or otherwise) whose employment taken together is equivalent to the employment of teachers to whom there have been allocated a total number of salary units greater than the number calculated for the school under subclause (2).

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

• (a) adding, to get the first result,—

  • (i) its formula-generated staffing allowance; and

  • (ii) any resource teacher: Maori exemption granted by the Secretary under clause 36(1)(c); and

• (b) subtracting 1 from the first result to get the second result; and

• (c) multiplying the second result by 0.72 to get the third result; and

• (d) subtracting 0.77 from the third result to get the fourth result; and

• (e) if the fourth result is not a whole number, correcting it to the nearest whole number.

(1) In relation to a school that is in receipt of a special education staffing allowance under clause 17, clause 33 must be applied by increasing the fourth result by adding the number of salary units generated by—

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

• (b) multiplying the resulting sum by 0.72; and

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

(2) In relation to a school that is a restricted composite school by way of the attachment of a secondary unit, clause 33 must be applied by increasing the resulting sum calculated in accordance with that clause by the number of salary units that the Secretary has, under clause 43, allocated to the attached secondary unit.

(3) The increases provided for in subclauses (1) and (2) are, in relation to an intermediate school to which both of those subclauses apply, cumulative.

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

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

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

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

(3) A school's provisional rolls are the rolls estimated in accordance with clause 7.

(4) A school's confirmed rolls are the rolls confirmed by the Secretary under clause 9 or clause 10.

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

(6) A school's confirmed special education list is its special education list confirmed by the Secretary under clause 9 or clause 10.

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

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

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

(8) For the purposes of determining the roll range for 2006, the roll for a restricted composite school is the sum of the number of students (if any) in years 7 to 10 enrolled at the school.

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

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

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

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

(2) The maximum number of FTTEs in respect of which the Secretary may grant an exemption under subclause (1) (on a national basis 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 0 to year 10 students enrolled at schools by 750:

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

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

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

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

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

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

• (a) the number of FTTEs in respect of which the Secretary grants exemptions for supplementary learning support teachers under subclause (1); and

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

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

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

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

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

The Secretary may exempt a Board, in respect of any normal school it administers, from the limitations imposed by this order in 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 schools; and

• (b) to carry out the extra work required by the performance of those functions.

The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if the school is a restricted composite school.

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

The Education (2004 Intermediate School Staffing) Order 2003 (SR 2003/195) is revoked.