Your child's rights

Your child must be able to enrol at their local school or kura and attend during all the hours it is open.

While they are at school, your child must have full access to any mobility or communication support devices they normally use.

School activities

Your child must be able to participate in all school activities, including trips and camps.

If your child needs specific support to be able to participate in these types of activities, talk to your school so they can put a plan in place.

What the law says

Schools are required to be inclusive, and cater for students with diverse needs, under the Education and Training Act 2020.

Education and Training Act 2020 – New Zealand Legislation

Attendance during opening hours

Section 33 of the Education and Training Act sets out your child's rights to attend school during all the hours it is open for instruction.

Education and Training Act 2020, Public Act 33 – New Zealand Legislation

Enrolment and participation

Section 34 of the Education and Training Act covers the right for anyone with learning support needs to enrol and participate at state schools. All students, including those with disabilities and learning support needs, have the same rights to attend and participate at school as students who do not.

A school cannot:

• refuse to enrol your child because of their disability or learning needs
• use health and safety concerns as a reason to deny your child the right to attend school during all the hours it is open for instruction
• ask your child not to come to school, or go home early, because their teacher aide is absent – the school will need to plan for any teacher aide absences.

Education and Training Act 2020, Public Act 34 – New Zealand Legislation

If your child needs reduced hours at school

Section 42 of the Education and Training Act allows your child to temporarily reduce the number of hours they attend school. This should be an agreement between you, your school and us.
It can be to support their transition into school, or their wellbeing.

Education and Training Act 2020, Public Act 42 – New Zealand Legislation

Graduated attendance plan for 5-year-olds

If your child is starting school, and reduced hours would be in their best interest because of wellbeing or other needs, you can agree on a graduated attendance plan with your school. Your child must be 5 years old.

Your school must work with you and us on a support plan that shows how your child's hours at school will increase over a 6-month period.

A graduated attendance plan cannot be renewed or extended. After 6 months, your child will attend school full-time, or you can ask your school for a reduced attendance plan.

Reduced attendance plan

If you think at any time that your child would benefit from reducing their hours at school, you can request a reduced attendance plan. This plan must be initiated by parents or caregivers. It cannot be initiated by a school.

You must provide written information about your child's wellbeing needs from a medical practitioner or psychologist.

A reduced attendance plan can only be for up to 6 months. You should work with your school and others who are supporting your child to develop the plan.

The plan should work towards increasing your child's attendance during this period. It can only be extended once for up to 6 months, at your request.

Where to go for help

If you have concerns about how your child's school attendance is being managed, or require support around enrolment, contact your regional office.

Regional offices

Other support for your child at school

Schools and kura have resources and tools they can access to support your child, including our learning support team.

Supporting your child if they need extra help with their learning