Education Act update

Whakahounga Ture Mātauranga

Why was the Education Act 1989 changed?

From May 2017 there have been wide-ranging changes to the Education Act 1989. Like any legislation the Act needed review due to the changing educational environment we operate in.

We have created an overview document and an outline of  Key implications for boards.

Scroll down to read more about these changes.

June 2020:

The Education and Training bill was reported back from Parliament’s Select committee on 8 June 2020 and is making its way through Parliament. If passed during the current Parliamentary session, it is likely to become law immediately. The new Act will replace the Education Act 1964 and Education Act 1989. We will keep boards and trustees up to date on the changes once the bill passes into law. For some key changes affecting boards view here. For more information view here

June 2020: Final National Educational Learning Priorities (The NELP)

The consultation process with the education sector and the public on the draft NELP was completed at the end of 2019. We will keep boards updated when the final NELP is published. For more information about the NELP view here.

May 2019:

Attendance at suspension meeting via video or teleconference
Instead of having to attend and speak at the board’s suspension meeting in person, the student and their family/whānau can now ask to dial in to the meeting via teleconference or video link. 

Changes to cohort entry policy and implementation date for new planning and reporting framework

  • As from the start of 2020 schools with a cohort entry policy will only be able to enrol children from the age of 5 years
  • View this article for more information
  • The new planning and reporting framework will now be implemented at the start of 2023

Annual reports on school website

Boards now need to publish their annual report on their school website. If their school does not have a website the Ministry of Education has a process for publishing the report. It is important for the board to report to its community so they understand the work of the board. This change came into effect on 19 May 2017 section 87AB, Education Act. 

Board planning and reporting

Update May 2019

Key planning and reporting changes are due to come into effect on 1 January 2023. They will include new regulations.

View here for what boards need to know now. 

Boards of trustees' roles and responsibilities - a new schedule 6

From 19 May 2017.

Update May 2019 - The new planning and reporting framework and supported by schedule 6 (7-12) will now be implemented in 2023. 

For more information, read Education Act 1989, schedule 6.

Banning seclusion and creating a legal framework for physical restraint

From 19 May 2017

Update December 2018

From 15 August 2017 Education (Physical Restraint) Rules apply.
August 2017 Guidelines introduced.

National Education and Learning Priorities (NELP)

Update August 2019

The consultation process with the education sector and the public on the draft NELP has begun. Publication of the final NELP is expected in early 2020. For more information view here.

Enduring objectives for the education system

Cohort Entry - enabling schools to adopt a cohort entry policy

Introduced from 3 July 2017. See updated guide for changes effective from 1 January 2020. 

Compulsory attendance at school for under sixes

State integrated schools - updating the legislative framework

From 19 May 2017

For more information, read Education Act 1989, Part 33.

Attending a board meeting about suspension - via telephone or video link

From 14 May 2019

Statutory interventions - creating a more graduated range

Enrolment schemes - improving their management

Enabling Communities of Learning | Kāhui Ako to work together more collaboratively

Combining school boards of trustees

From 19 May 2017.

School off site locations - formalising the arrangements

A competence authority for teachers

From 19 May 2017.

Update December 2018

From 29 September 2018, the Education Council was renamed to the Teaching Council of Aotearoa New Zealand.

Clarity to Part 12 and the establishment, closing and merger of schools

Designated character schools - streamlining the establishment process

From 19 May 2017.

Update December 2018

From 24 October 2018, more streamlining of processes introduced.

Alternative constitution when combining boards

Creating a refocused careers service within the Tertiary Education Commission

From 1 July 2017

Communities of Online Learning (COOL)

Update May 2019

The new regime was scheduled to come into force from January 2020. The Education Amendment Act 2019 has repealed all provisions relating to Communities of Online Learning. 

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