The Bill tightens up provisions for attendance exemptions which currently allow a principal to exempt a student from attending school. It does this by:

• repealing an exemption from attendance because of walking distance to school or some other reason
• replacing the current exemption of a student from attendance for a period of no more than 5 days with a new exemption which allows a principal to exempt a student from attending the school only in accordance with rules made by the Secretary for Education (the Secretary)
• allowing the Secretary to make rules that specify the requirements that must be met for a principal to exempt a student from attendance.

The Bill requires the Secretary to plan and carry out rolling curriculum area reviews on a regular basis, providing for 1 type of curriculum statement, and allowing curriculum expectations to be set for different groups of schools and kura.

This proposal would also replace the requirement for school boards to consult the school community about the school’s health curriculum, with a requirement to regularly inform the school community on this curriculum, its delivery, and parent rights under section 51 of the Act.

The Bill clarifies the Ministry and Education Review Office (ERO)’s complementary roles in identifying and responding to schools of ‘serious concern’ by:

• requiring the Chief Review Officer (CRO) to notify the Secretary and the Minister of Education (the Minister) in writing within 2 working days of forming a view that a school may be of ‘serious concern’
• requiring the CRO to provide a report to the Secretary and the Minister within 28 working days of receipt of the CRO notification, either confirming that the school is of ‘serious concern' and what statutory intervention is recommended, or that the school is not of ‘serious concern’
• requiring the Secretary to report to both the Minister and the CRO on what action it has taken or intends to take (with a timeline) or recommends the Minister take and why, within 30 working days of receipt of the CRO’s report
• providing that the Secretary and Minister may rely on the CRO’s judgement, and the information provided when determining whether the thresholds in section 171 (Interventions in state schools by the Secretary or the Minister) are met.

The Bill strengthens the charter school model by allowing sponsors to hold a single contract for multiple charter schools (multi-school contracts). It also creates more certainty for converted charter schools by providing a pathway to close and open as a new state school under certain circumstances.

Multi-school contracts will allow sponsors to better share best practice and collaborate across the schools within the contract. The Bill provides for:

• additional detail needed for the notification of a new charter school that is part of a multi-school contract
• organisational flexibilities that differ from sponsors holding contracts for a single school
• performance management requirements for multi-school contracts
• additional interventions for multi-school contracts.

The Bill provides a pathway for converted charter schools to be replaced by a new state school in the event a sponsor terminates their contract or opts not to renew. It does this by:

• requiring the authorisation board to attempt to find a replacement sponsor if the sponsor of a converted school gives notice of termination of the contract or notice that it will not be renewing the contract
• compelling the Minster to establish a replacement state school if the authorisation board cannot find a replacement sponsor
• allowing the Minister to decline to establish a replacement state school if specific criteria are met
• providing transitional provisions relating to the employment of staff in the closing charter school in the new state school.

The Bill includes micro-credentials in the reporting requirements for educational providers to the New Zealand Qualifications Authority (NZQA). This is so students have a complete and up–to-date record of achievement.

The Bill shifts the responsibility from the Teaching Council of Aotearoa New Zealand to the Secretary for Education for establishing and maintaining:

• teacher registration criteria
• teacher education qualification standards
• teaching standards
• practising certificate criteria
• the code of conduct.

The Bill also makes the following changes to clarify and focus the Teaching Council’s role:

• expanding the Teaching Council’s current role in approving teacher education programmes to include the ability to place conditions on new or existing programme approvals, remove approvals, monitor and review providers’ delivery of approved programmes
• reducing the size of the Council from 13 members to a minimum of 7 and maximum of 9 members, and a total of 3 elected members (1 ECE, 1 primary, and 1 secondary representative respectively) with the other members being appointed by the Minister
• transitional provisions for the transfer of some of the Teaching Council functions to the Secretary and the changes to the membership of the Teaching Council
• several other changes for role clarity and effectiveness for the Teaching Council.

The Bill establishes a new model for education property by establishing a new Crown agent, the New Zealand School Property Agency (NZSPA), which will manage education property and make sure the administration of education property is effective and efficient.

The Bill does this by:

• defining key terms such as education property, regulated entity, relevant person, and school property portfolio
• providing for the establishment and membership of the board of NZSPA
• specifying NZSPA’s functions
• providing NZSPA with powers to support its functions
• allowing for the delegation of board of NZSPA’s powers or functions, as well as the delegation of Minister’s functions, duties or powers to NZSPA
• allowing the Minister to issue a Government Policy Statement to set overall direction and priorities for the school property portfolio or the network of state or charter schools
• providing for the transition of relevant functions, powers, and duties from the Ministry to the NZSPA
• revoking the Public Service (Chief Executive for School Property) Order 2024.

The NZSPA will be responsible for planning, building, maintaining and administering the school property portfolio. We will continue to be responsible for education policy and network decisions, including where growth is required.

The Bill improves the quality and quantity of system level data and insights. It will do this by requiring state schools, charter schools and private schools to participate in studies that monitor the performance of our schooling system.

This includes large-scale studies such as the Programme for International Student Assessment (PISA) and Trends in International Mathematics and Science Study (TIMSS).

The Bill establishes a new statutory role of Director of Regulation in the ERO and transfers regulatory functions for private schools and hostels from the Secretary to the Director of Regulation.

Further to these changes, the Bill: 

• shifts the power of the Minister to authorise a suitably qualified person to inspect hostels to the Director of Regulation
• allows the Director of Regulation to designate a suitably qualified person as a regulatory officer for performing functions in relation to private schools which include the powers of entry and inspection
• allows the Director of Regulation to delegate any of their functions, duties, or powers
• provides transitional provisions relating to the transfer of private school and hostel functions from the Secretary and the Minister to ERO.