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Digest No. 1833

Education Amendment Bill (No 2) 2010 (2010 No 169-2)

Date of Introduction: 17 June 2010
Portfolio: Education
Select Committee: Education and Science
Date report presented: 02 November 2010
Published: 10 December 2010byJohn McSoriley BA LL.B, Barrister,Legislative AnalystP: (04) 817-9626 (Ext. 9626)F: (04) 817-1250Public enquiries:Parliamentary Information Service: (04 817-9647) Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The aim of this Bill as introduced is to amend the Education Act 1989 (the Act) to:

  • "introduce secondary-tertiary programmes to give greater opportunities for secondary students to spend time learning in a tertiary environment or in the workplace";

  • "exempt limited attendance centres from early childhood education licensing standards to make it easier for recreation facilities, shopping centres and similar organisations to provide short-term childcare";

  • "change the refund provisions for international students enrolled in private training establishments to improve the financial sustainability of New Zealand’s export education market";

  • "update and clarify the law affecting private schools".

"Minor policy changes to school enrolment scheme priorities for offering places to out-of-zone students are designed to give some priority to children of board members and of former pupils” [1]   .

The Bill as introduced is described in Bills Digest No 1781.

Main changes to the Bill

Secondary-tertiary programmes: not including industry training organisations

The Select Committee has recommended that the term “an industry training component” be deleted from the new definition of “tertiary component” introduced in the Act by the Bill (Part 1, Clause 4, amending Section 2(1) of the Act, deleting the term “an industry training organisation” from the definition of “tertiary component”; Clause 10 New Section 31G, the same deletion).

Comment

The Select Committee stated: “Industry Training Organisations may not directly provide secondary or tertiary education under current legislation; their role is to arrange elements of tertiary study, usually with Private Training Establishments, and we consider that this should remain unchanged” [2]   .

Private schools: registration

The Select Committee has recommended a power for the Secretary of Education to request further Education Review Office (ERO) reports during extensions to the provisional registration of private schools, and to allow the Secretary to consider these reports before deciding on full registration of a private school (Part 1, Clause 11, New Section 35A, inserting new subsection (4A).

New Zealand Teachers Council: teacher discipline

The Select Committee has recommended that the Ministry of Education and the New Zealand Teachers Council be able to match data on relieving teachers (Part 1, inserting New Clause 12A amending Section 128A of the Act). The Select Committee has also recommended that the Complaints Assessment Committee of the Teachers Council to apply to the Chair of the Disciplinary Tribunal of the Teachers Council for the interim suspension of the practising certificate of a teacher during a disciplinary process against that teacher (Part 1, inserting New Clauses 12C and 12D, amending Sections 139AU and 139AUA of the Act). Other powers are also recommended for the Teachers Council including the power to act following a mandatory report on the teacher’s competence and the power to annotate the teachers register where the council has imposed conditions on a teacher’s practising certificate (New Clauses 12B, 12E, 12F and 12G, amending Section 139AZC and inserting New Sections 139AZCA and 139AZCB).

Copyright: © NZ Parliamentary Library, 2010
Except for educational purposes permitted under the Copyright Act 1994, no part of this document may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, other than by Members of Parliament in the course of their official duties, without the consent of the Parliamentary Librarian, Parliament Buildings, Wellington, New Zealand.This document may also be available through commercial online services and may be viewed and reproduced in accordance with the conditions applicable to those services.

  1. Education Amendment Bill (No 2), 2010 No 169-1, Explanatory note, General policy statement, p.1.   [back]
  2. Education Amendment Bill (No 2), 2010 No 169-2, As reported from the Education and Science Committee, Commentary, p. 2.   [back]