Education and Training Act 2020 Education and Training

Education and Training Act 2020

Education and Training Act 2020 • Date of Assent – 31 July 2020 • Most of the Act came into effect on 1 August 2020 • New enrolment scheme rules come into effect on 1 January 2021 • Bo. T strategic objective re Te Tiriti o Waitangi comes into effect on 1 January 2021 • New curriculum statement and national performance measures, and strategic planning requirements come into effect on 1 January 2023

What Has Changed?

Education and Training Act 2020 • Complete rewrite and merger of education legislation including provisions from Education Act 1989, Education Act 1964, and other legislation. • PSCIA provisions, which were moved into Part 33 of the Education Act 1989, are now Schedule 6 of the Education and Training Act 2020. • Act restructured to reflect the education path of students.

Education and Training Act 2020 • New Purpose Section: 4 Purpose of Act The purpose of this Act is to establish and regulate an education system that— (a) provides New Zealanders and those studying in New Zealand with the skills, knowledge, and capabilities that they need to fully participate in the labour market, society, and their communities; and (b) supports their health, safety, and well-being; and (c) assures the quality of the education provided and the institutions and educators that provide and support it; and (d) honours Te Tiriti o Waitangi and supports Māori-Crown relationships.

Education and Training Act 2020 • New Emphasis on Te Tiriti o Waitangi: – Section 4 – Purpose of Act. – Section 5(4)(c)(iii) – education and learning objectives include ‘to instil, in each child and young person, an appreciation of the importance of … Te Tiriti o Waitangi and te reo Māori’. – Section 10(1) – definition of ‘school community’ includes ‘the Māori community associated with the school’.

Education and Training Act 2020 • New Emphasis on Te Tiriti o Waitangi: – Section 127(1)(d) – ‘A board’s primary objectives in governing a school are to ensure that— … (d) the school gives effect to Te Tiriti o Waitangi, including by— (i) working to ensure that its plans, policies, and local curriculum reflect local tikanga Māori, mātauranga Māori, and te ao Māori; and (ii) taking all reasonable steps to make instruction available in tikanga Māori and te reo Māori; and (iii) achieving equitable outcomes for Māori students. ’

Education and Training Act 2020 • MOE: School boards will need to work with their communities to ensure their plans, policies and local curriculum reflect local tikanga Māori, mātauranga Māori and te ao Māori. Ministry staff will be able to provide advice on how to initiate these conversations.

QUESTIONS

Education and Training Act 2020 • New emphasis on diversity – Section 5(1): Minister may issue a statement of national education and learning priorities. – Section 5(4)(c)(i)&(ii): education and learning objectives include to instil, in each child and young person, an appreciation of the importance of— (i) the inclusion of different groups and persons with different personal characteristics: (ii) diversity, cultural knowledge, identity, and the different official languages:

Education and Training Act 2020 • New emphasis on diversity – Section 127(1)(b) & (c): A board’s primary objectives in governing a school are to ensure that … the school (i) is a physically and emotionally safe place for all students and staff; and (ii) gives effect to relevant student rights set out in this Act, the New Zealand Bill of Rights Act 1990, and the Human Rights Act 1993; and (iii) takes all reasonable steps to eliminate racism, stigma, bullying, and any other forms of discrimination within the school; and (c) … is inclusive of, and caters for, students with differing needs; and

Education and Training Act 2020 • New emphasis on diversity – Section 127(2): To meet the primary objectives, the board must have particular regard to the statement of national education and learning priorities issued under section 5

QUESTIONS

Education and Training Act 2020 • Code of Conduct for Board members Sections 166 -168 – Minister may issue a code of conduct that sets out the minimum standards of conduct that each member is required to meet. • A draft code of conduct is expected to be released for public consultation in early 2021 and the code issued by the end of 2021 to take effect for incoming boards of trustees in mid-2022.

Education and Training Act 2020 • Eligibility criteria for Principals – Section 617 - The Minister must issue eligibility criteria for applicants for appointment as principal. – Section 617(2)(b)(vii) – Before issuing criteria, the Minister must make reasonable efforts to consult various persons including national bodies representing the interests of proprietors of State integrated schools – Section 618 - school boards may develop additional criteria relating to the appointment of principals, as long as these are consistent with the criteria issued by the Minister. During development of any additional criteria, the Board must consult its school community.

Education and Training Act 2020 • New rules for resolving serious disputes – Part 3, subpart 9 – focused on disputes between a student and the board of the student’s school, including disputes about (section 217): • The student’s right to enrol at or attend the school; • Any racism or other form of discrimination that is a prohibited ground of discrimination; • The student’s physical or emotional safety. – Dispute resolution panels to be established. – Section 221: Students and their parent’s may apply for resolution of a serious dispute. – Disputes go to mediation (section 225) and then dispute resolution panel may make recommendations (section 227) or determinations (section 228) which are binding of both parties agree to that. – Lawyers are excluded (section 229(4).

QUESTIONS

Proprietor Role – Strategic Direction • Proprietor has: – responsibility of supervising the maintenance and preservation of the education with a special character provided by the school; (Sch 6, clause 1(3)(a)) – right to determine what is necessary to preserve and safeguard the special character of the education provided by the school and described in the integration agreement; (Sch 6, clause 1(3)(a)) – right to have access to the school at all reasonable times to ensure that the special character of the school is being maintained. (Sch 6, clause 39(2)(i))

Proprietor Role – Strategic Direction • However: – The right of access specified in clause 39(2)(i) does not give a proprietor the right to question the curriculum or the teaching methods adopted by the teachers, both of which are, subject to this Act, controlled by the principal of the State integrated school. (Clause 42)

Proprietor Role – Strategic Direction • However: – A State integrated school on integration continues to have the right to reflect, through its teaching and conduct, the education with a special character provided by it. – Integration must not jeopardise the special character of a State integrated school. (Schedule 6, Clause 1(1) &(2))

Human Rights Legislation Schools are generally subject to: – New Zealand Bill of Rights Act 1990 (when performing public functions): 19. Freedom from discrimination—(1) Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. – Human Rights Act 1993, s 21: prohibited grounds of discrimination include sex, religious belief, race, age, disability, political opinion and sexual orientation

New Zealand Bill of Rights Act 1990 • Section 5 - NZBORA standards may only be subjected to reasonable limits, prescribed by law, that can be demonstrably justified in a free and democratic society. • Section 4 - legislation that authorises behaviour inconsistent with the NZBORA must still be applied. • Section 6 – If an Act can be given a meaning consistent with the rights and freedoms in NZBORA, that meaning must be preferred over any other meaning.

New Zealand Bill of Rights Act 1990 • If the Education and Training Act 2020 authorises a school to act in a manner inconsistent with the NZBORA, they are free to do so. • However, if the Education and Training Act 2020 can be given a meaning consistent with the rights and freedoms in NZBORA, that meaning must be preferred over any other meaning.

Education and Training Act 2020 Schedule 6, clause 58(1): If this Part deals with the same or a similar subject matter as other Parts of this Act, the State Sector Act 1988, or any regulations made under any of those Acts or under any enactment repealed by any of those Acts, — (a) express provisions in this Part prevail in respect of State integrated schools; but (b) this Part must be interpreted in a way that is consistent with the other Parts of this Act or any other enactments concerned whenever this construction is appropriate and reasonable.

Setting Policies / Curriculum • What are the purposes of the policy? • Does the policy discriminate on prohibited grounds? • Does any legislation expressly permit the discrimination? OR • Do the purposes of the policy justify the discrimination?

Setting Policies / Curriculum • Is the extent of the discrimination rational and proportionate having regard to the purposes of the policy? • Does the policy discriminate no more than is reasonably necessary to achieve its purposes?

QUESTIONS