Education Minister Trevor Mallard today outlined details of education legislation to be introduced to Parliament this
year.
The legislative programme for education was approved by Cabinet this week and includes two major education amendment
bills
Trevor Mallard said the first bill to be introduced within a few weeks would cover the end of bulk funding of teacher
salaries; school enrolment schemes; school governance; membership of student associations and human rights issues.
“All schools will benefit from the additional funding and flexibility that only bulk-funded schools have enjoyed
"School governance will also be made more flexible, particularly where schools wish to combine their boards, or where
communities want a system of governance that is tailor-made to their circumstances.
"The bill will tighten existing enrolment scheme law to ensure that any school enrolment schemes include clearly defined
geographic zones. Every student within that zone will have the absolute right to attend their local school, and
out-of-zone places will be determined by ballot.”
A further Amendment Bill to be introduced later this year would strengthen further aspects of the Education sector.
Issues covered in that bill will include:
Teacher registration requirements and the establishment of an Education Council
The establishment of a Parent Advocacy Service
Processes to report student achievement
Contact: Moerangi Vercoe (Press Secretary) – 04 471 9080 or 025 270 9194
PURPOSE OF EDUCATION AMENDMENT BILL NO.1
Background paper from the Minister of Education, Hon. Trevor Mallard.
3 March 2000
This is the first of two proposed Education Amendment Bills this year. The Parliamentary Counsel Office has been
instructed to start drafting the amendments to give effect to the following policies:
Strengthening governance arrangements in schools
Fairer school enrolment scheme arrangements
Abolition of bulk funding
Membership and fees for tertiary students associations
Minor amendments to human rights provisions within education legislation
Strengthening governance arrangements in schools
Boards of trustees play a critical role in the administration of state schools. The Government seeks to make certain
boards can organise themselves more effectively by enabling them to control the turnover of trustees, by facilitating
school mergers and combined boards. Consequently, the act will be amended to:
Allow for voluntary staggered board elections for half the parent representatives every eighteen months
Remove the restrictions on the number of school boards that may combine. This particularly – though not exclusively -
relates to small schools, and schools undergoing EDI processes
Facilitate new board elections within three months of a school merger, so the board of the combined school represents
all students and parents
The amendment will ensure all secondary school boards include a student trustee so that the student perspective is
available to boards
Schools cannot be left to flounder when a board is struggling to govern. The Minister of Education will have enhanced
powers of intervention into the running of a board, in certain circumstances. The circumstances are:
If the Minister believes it is in the best interests of the school
When an ERO report highlights the need for intervention, or
If 20% (or more) of the parents request alternative governance arrangements by way of a petition.
Fairer School Enrolment Schemes
Both the Alliance and Labour manifestos made a clear commitment to ensuring children could attend their neighbourhood
school. The proposed amendment will guarantee a child the right to attend a school for which they are in the geographic
zone.
Additional places at the school – where capacity permits – will be distributed on the basis of a ballot. This will
prevent 'creaming' of students.
Schools with a special character – that is integrated schools, kura kaupapa Maori, special schools and designated
character schools - will be required to establish an enrolment scheme, but do not have to set a geographic zone or
select out-of-zone students by ballot.
Abolition of Bulk Funding
Bulk-funding – known as the 'Fully Funded Option' - for teacher salaries will be abolished and existing fully-funded
option agreements will be terminated through legislation.
Schools that have been in the scheme for over three years, or who entered the contract on or after 18 June 1998 will
leave bulk funding at the beginning of the 2001 school year.
Schools that are yet to see out their first three years, but entered the scheme prior to 18 June 1998, will be able to
choose to leave at the beginning of the 2001 school year, or at the FFO payment date closest to June 2001.
The 11 schools who are part of the Self Managed Payroll pilot will be returned to the centrally resourced payroll
system on the closure of FFO.
Some discussions have already taken place with the Bulk Funded schools Association on the transition, and those
discussions will continue.
Membership of and Fees for Tertiary Students Associations
The Education (Tertiary Students' Assocation Voluntary Membership) Amendment Act 1998 will be repealed.
Students enrolled in an institution which has voluntary membership may vote to return to compulsory membership if the
student body receives a petition signed by 10% of students, or by a vote of an existing students' association (so long
as the association represents at least 50% of students).
Fees for membership of a students' association would be collected automatically by the tertiary provider on behalf of
the association. The amendment will also cover how to achieve student representation on a Council.
Compliance with Human Rights Act
Some minor amendments are needed to ensure education legislation complies with the Human Rights Act, predominantly on
the grounds of age. This includes parts of the Education Act, Private Schools Conditional Integration Act, Music
Teachers Act, and Royal Foundation for the Blind Act.