Education and Training Amendment Bill

2.1. Are there any publicly available inquiry, review or evaluation reports that have informed, or are relevant to, the policy to be given effect by this Bill?

YES

Charter schools: MartinJenkins did the following evaluation reports on the previous model for partnership schools/kura hourua. These were used to inform the policy for the Bill.

·         Martin, Jenkins & Associates Limited, “Innovations in Partnership Schools Kura Hourua: Report prepared for the Ministry of Education” (October 2015), available at: Innovations in Partnership Schools Kura Hourua | Education Counts

·         Martin, Jenkins & Associates Limited, “Evaluation of Partnership Schools | Kura Hourua Policy: Report prepared for the Ministry of Education” (May 2017), available at: Evaluation of Partnership Schools | Kura Hourua Policy | Education Counts

·         Martin, Jenkins & Associates Limited, “Multi-year Evaluation of Partnership Schools | Kura Hourua Policy, Summary of Findings Across Years: Report prepared for the Ministry of Education” (April 2018), available at: Multi-year Evaluation of Partnership Schools | Kura Hourua Policy, Summary of Findings Across Years | Education Counts

2.2. Does this Bill seek to give effect to New Zealand action in relation to an international treaty?

NO

2.2.1. If so, was a National Interest Analysis report prepared to inform a Parliamentary examination of the proposed New Zealand action in relation to the treaty?

NO

2.3. Were any regulatory impact statements provided to inform the policy decisions that led to this Bill?

YES

Regulatory Impact Statements were prepared by the Ministry of Education for the following policy decisions:

·         Regulatory Impact Statement: Reinstating a New Zealand model of charter schools | kura hourua (2 April 2024), available at Advice seen by our Ministers – Education in New Zealand

·         Regulatory Impact Statement: Repeal of network approval legislation (2 April 2024), available at Advice seen by our Ministers – Education in New Zealand

The Treasury's Regulatory Impact Analysis team determined that the proposal to enable the Secretary for Education to make attendance data rules under the Education and Training Act 2020 is exempt from the requirement to provide a Regulatory Impact Statement on the grounds that it has no, or only minor, impacts on businesses, individuals, and not-for-profit entities.

2.3.1. If so, did the RIA Team in the Treasury provide an independent opinion on the quality of any of these regulatory impact statements?

NO

2.3.2. Are there aspects of the policy to be given effect by this Bill that were not addressed by, or that now vary materially from, the policy options analysed in these regulatory impact statements?

NO

2.4. Has further impact analysis become available for any aspects of the policy to be given effect by this Bill?

NO

2.5. For the policy to be given effect by this Bill, is there analysis available on:

(a)  the size of the potential costs and benefits?

YES

(b)  the potential for any group of persons to suffer a substantial unavoidable loss of income or wealth?

NO

Charter schools: The charter schools Regulatory Impact Statement has some analysis on the marginal costs and benefits of the options. This is available at Advice seen by our Ministers – Education in New Zealand

There is more information on the size of the potential costs and benefits in Appendix One.

ECE: The intention of this proposal is to reduce regulatory burden for anyone intending to establish a new ECE. This will result in benefit and costs savings for these providers. The network approval application fee is $575 (including GST).

Attendance: Although this amendment is not required for the daily provision of attendance data, it will address a gap in the current regulatory framework which will allow the Secretary for Education to make attendance data rules. This will support good data which will help inform understanding the drivers of non-attendance and the development of future attendance interventions. The amendment will also enable the Ministry to be more responsive to any future changes to systems and data requirements.

2.6. For the policy to be given effect by this Bill, are the potential costs or benefits likely to be impacted by:

(a)  the level of effective compliance or non-compliance with applicable obligations or standards?

YES

(b)  the nature and level of regulator effort put into encouraging or securing compliance?

YES

Charter schools:

The Bill provides the legislative framework for charter schools. Charter schools/kura hourua will have a contract with the Charter School Agency to operate a charter school. Charter schools will need to comply with both the legislation in the Education and Training Act 2020 and charter school contracts. Non-compliance with contract terms, including meeting performance targets, could result in termination of the contract or other interventions specified in the Bill.

The Charter School Agency will be a new departmental agency hosted by the Ministry of Education. The Bill also establishes the Authorisation Board which, among other functions, will approve new sponsors for charter schools and use interventions against charter schools when appropriate.

The level of effort made by the Authorisation Board and Charter School Agency to encourage and secure compliance will be relevant to the success of the charter school model. For example, if a charter school is failing to meet its contractual obligations, the Authorisation Board will be able to use an intervention to encourage or require the school to comply. This will help to ensure the schools are accountable for the education outcomes of the students.

3.1. What steps have been taken to determine whether the policy to be given effect by this Bill is consistent with New Zealand’s international obligations?

Charter schools: [Legally privileged] [text has been redacted]

3.2. What steps have been taken to determine whether the policy to be given effect by this Bill is consistent with the principles of the Treaty of Waitangi?

Charter schools: The Ministry did a Treaty of Waitangi Analysis as part of the RIS process. The Ministry was also informed by the previous partnership school model that operated between 2014 and 2018 when some of the partnership schools had a Kaupapa Māori focus.

The Bill has some provisions that reflect the Crown’s obligations under the Treaty of Waitangi. This includes having an adjusted application process for the conversion of any Kura Kaupapa Māori, Ngā Kura ā Iwi, and Kura Motuhake (unaffiliated kura), a requirement for the collective skills of the Authorisation Board to include the ability to engage with a range of stakeholders including Māori, and sponsors being required to give have regard to any statement of National Education Learning Priorities issued by the Minister which encourages all places of learning to incorporate te reo Māori and tikanga Māori into everyday activities .

The charter school model offers an increased level of flexibility which could support increased agency and authority of schools to operate in ways that are meaningful to whānau, hapū and iwi. However, in the absence of a specific Te Tiriti provision in the Bill for charter schools, there will be no formal requirement to ensure charter schools’ plans, policies and curricula reflect local tikanga Māori, mātauranga Māori and te ao Māori, or to take reasonable steps to make instruction in tikanga Māori and te reo Māori

Due to short timeframes, there was not enough time to do full public consultation. The Associate Minister of Education and the Ministry responded to queries from schools, unions, Māori educational organisations, iwi and others interested people and groups.

Attendance: Efforts to increase student attendance will have a positive effect on Māori student’s achievement and wellbeing. To progress the new attendance regulations in time for Term 1 2025, there is limited scope for formal engagement with Māori on the proposed changes in this paper. Cabinet agreed to a later commencement date of July 2025 for specified kura boards to allow time for engagement to consider regulatory and operational approaches to provision of attendance data. These engagements will also enable us to identify circumstances in which any exceptions to any general requirements for specific school types may be made, for example, attendance codes that are kura specific.

ECE network approval: The importance of growing the supply of early childhood services provided in te reo Māori resulted in Cabinet deciding to exclude kōhanga reo and other Māori immersion services from the requirement to seek network approval. However, removing the requirement to seek network approval makes the exclusion of these services unnecessary.

3.3. Has advice been provided to the Attorney-General on whether any provisions of this Bill appear to limit any of the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990?

YES

The proposals in this Bill have been vetted for consistency with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990.

3.4. Does this Bill create, amend, or remove:

(a)  offences or penalties (including infringement offences or penalties and civil pecuniary penalty regimes)?

NO

(b)  the jurisdiction of a court or tribunal (including rights to judicial review or rights of appeal)?

NO

3.4.1. Was the Ministry of Justice consulted about these provisions?

NO

The Ministry consulted with the Ministry of Justice on the Cabinet paper and draft Bill but did not receive any feedback.

3.5. Does this Bill create, amend or remove any provisions relating to the collection, storage, access to, correction of, use or disclosure of personal information?

YES

Charter schools: Charter schools will have similar privacy issues and settings as for State schools and the Privacy Act 2020 will apply to them. Like all schools, charter schools will have information on staff and students which is personal. Charter schools will also report to the Charter School Agency and be reviewed by the Education Review Office. This will include on issues to do with attendance, achievement, and operation of the schools.

In addition to these issues, the Bill will allow State schools to convert to become charter schools which will require a transfer of employees and a transfer of information.

The Ministry considered ways to ensure charter schools and sponsors comply with the privacy principles in the Privacy Act. This will include through ensuring there is appropriate privacy training and support for new sponsors, staff at charter schools, and the Authorisation Board.

3.5.1. Was the Privacy Commissioner consulted about these provisions?

YES

The Ministry consulted with the Office of the Privacy Commissioner on the potential privacy impacts of the charter school and attendance policy proposals and received advice. Their feedback is reflected in the final design decisions.

3.6. Has there been any external consultation on the policy to be given effect by this Bill, or on a draft of this Bill?

NO

Due to time constraints, the Ministry of Education has not been able to undertake formal consultation with the public on any of the proposals in the Bill.

Charter schools: For charter schools, the Associate Minister of Education and the Ministry of Education responded to queries from schools, Māori educational organisations, iwi and others interested people and groups.

ECE: There was significant public consultation before the ECE network approval legislation was introduced in February 2023. The consultation both supported and opposed the introduction of the network approval requirement. The Associate Minister of Education and the Ministry of Education heard directly from the ECE sector about the regulatory burden it faces. The proposal to repeal the network approval provisions is one way to reduce the regulatory burden the sector faces. The Associate Minister of Education announced the Government's intention to repeal the network provisions on 16 April 2024.

The Associate Minister of Education undertook consultation with the ECE sector as part of the process to revoke the National Statement on the Network of Licensed Early Childhood Services (as a first step in reducing regulatory burden for those wanting to establish new early learning services) from 16 April to 5 May. While the majority of submissions disagreed with the proposal to revoke the National Statement, a significant portion of the feedback was focused on the broader implications of repealing network approval. The Ministry will work with sector bodies through the process to repeal the legislation to ensure proposed new services and existing services understand what the change means for them.

Attendance: For the attendance proposal, the Ministry will consult with specified kura boards in 2024 to understand if there are kura specific considerations that need to be reflected in the rules. The Ministry will work with representative Māori peak bodies to understand what their engagement preferences are and plan an approach.

3.7. Have the policy details to be given effect by this Bill been otherwise tested or assessed in any way to ensure the Bill’s provisions are workable and complete?

NO

4.1. Does this Bill contain any provisions that could result in the compulsory acquisition of private property?

NO

4.2. Does this Bill create or amend a power to impose a fee, levy or charge in the nature of a tax?

YES

Charter schools: The Bill allows charter schools that own property to charge parents of enrolled students ‘property maintenance fees’. This will also apply to sponsors of State integrated schools that convert where the proprietor owned, leased or held in trust property and their integration agreement provided for them to charge attendance dues.

ECE: The Bill removes the requirement to apply for network approval and therefore removes the $575 (including GST) fees that applicants are required to pay.

4.3. Does this Bill affect rights, freedoms, or impose obligations, retrospectively?

NO

4.4. Does this Bill:

(a)  create or amend a strict or absolute liability offence?

NO

(b)  reverse or modify the usual burden of proof for an offence or a civil pecuniary penalty proceeding?

NO

4.5. Does this Bill create or amend a civil or criminal immunity for any person?

NO

4.6. Does this Bill create or amend a decision-making power to make a determination about a person’s rights, obligations, or interests protected or recognised by law, and that could have a significant impact on those rights, obligations, or interests?

YES

Charter schools: The Bill establishes the Authorisation Board which will be a statutory board with duties including:

·         to decide whether to approve applications by proposed sponsors to operate charter schools

·         to decide whether to apply an intervention to a charter school.

4.7. Does this Bill create or amend a power to make delegated legislation that could amend an Act, define the meaning of a term in an Act, or grant an exemption from an Act or delegated legislation?

NO

4.8. Does this Bill create or amend any other powers to make delegated legislation?

YES

Charter schools:

The Bill will:

·         empower the Governor-General, on the recommendation of the Minister, to make regulations to prescribe fees for applications for approval to operate charter schools;

·         enable sponsors to make rules for the control and management of charter schools, subject to the general law of New Zealand. These rules would be similar to the bylaws State schools make on matters such as attendance, conduct, and safety of students; and

·         empower the Charter School Agency to make rules and forms for use in the charter school model (for example the application form).

The powers to make regulations and rules by the Governor-General, sponsors, and the Agency are necessary for the effective operation of charter schools and the charter school model

Attendance: The attendance proposal seeks to amend the Act to create a power for the Secretary for Education to make rules for State schools about collecting, recording, and providing attendance data. The attendance rules are needed for the administrative and procedural requirements relating to attendance records under the new attendance regulations (intended to come into force from Term 1 2025).

4.9. Does this Bill contain any provisions (other than those noted above) that are unusual or call for special comment?

NO