Entering into a Specialist Education Agreement (previously known as Section 9 Agreements)
A Specialist Education Agreement allows students to enrol in a specialist school or regional health school. It also allows students to enrol outside the legal age, in exceptional circumstances.
Level of compliance | Main audience | Other |
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Inform |
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This guidance informs families about Specialist Education Agreements. These agreements are formal arrangements with the Ministry of Education. If an agreement is entered in to, there are actions that must then be completed.
- What Specialist Education Agreements are for
- Criteria for Specialist Education Agreements
- Things to think about when entering into a Specialist Education Agreement
- Applying for a Specialist Education Agreement
- If a Specialist Education Agreement is declined
- When a student with a Specialist Education Agreement leaves the school
What Specialist Education Agreements are for
A Specialist Education Agreement is for:
- students to be enrolled in a specialist school (day, residential and sensory)
- students to have a regional health school as their base school
- students who are under 5 or over 14 and whose exceptional needs mean that a primary school is the best place for their education
- students who are over 19 and whose exceptional needs mean that a secondary school is the best place for their education (if not ORS verified).
A Specialist Education Agreement is a formal agreement between the Ministry and the parent or guardian of the child.
Criteria for Specialist Education Agreements
For: |
Then: |
Children starting school before they are 5 |
The Ministry will agree to this only in special circumstances. It must be proven that it’s in the child’s best educational interests. |
Students staying at school longer |
Sometimes the parents, the school and the Ministry agree that it would benefit a student’s education if they stay longer at their regular school. A Specialist Education Agreement is needed to allow them to stay in a primary school beyond the year they turn 14 or in a secondary school beyond the year they turn 19. |
Students enrolling in specialist schools |
Before a student is enrolled in a specialist school, a conversation with the Ministry, the parents and the school takes place. After this, a decision is jointly made about whether to apply for a Specialist Education Agreement. |
Transport |
Specialised School Transport Assistance (SESTA)(external link) is not included as part of a Specialist Education Agreement. Parents need to apply for this separately. |
Ongoing Resourcing Scheme (ORS) |
The Ongoing Resourcing Scheme (ORS) is one form of agreement under section 37 of the Education and Training Act 2020. If a student is:
To be successful, an application needs to be supported by the school and the Ministry. |
Things to think about when entering into a Specialist Education Agreement
All parties need to think about:
- what’s best for the student’s education
- any health and safety issues
- what kind of specialist teaching the student needs
- what therapy the student needs
- the location of the child’s home and the location of the school
- the transport options to and from the school – Specialised School Transport Assistance (SESTA) needs to be applied for separately
- whether the school has capacity for the student
- the length of the enrolment and the date the agreement ends or is reviewed.
Applying for a Specialist Education Agreement
If you are considering a Specialist Education Agreement contact your local Ministry office. There are four agreements to reflect the type of enrolment:
- Regional Health School Agreement [PDF, 1.5 MB] word [DOCX, 30 KB]
[DOCX, 30 KB] - Day Specialist School Agreement [PDF, 1.5 MB] word [DOCX, 30 KB]
[DOCX, 30 KB] - Residential Specialist School Agreement [PDF, 1.5 MB] word [DOCX, 31 KB]
[DOCX, 31 KB] - Outside of regular or legal school age agreement [PDF, 1.5 MB] word [DOCX, 30 KB]
[DOCX, 30 KB]
Problems viewing the PDF form and files?
The issue maybe browser related, you will need to save the files to your computer:
- If using Internet Explorer, right click on the application form link, and choose "save target as" and save it to your desktop first before filling the form out.
- If using Chrome, right click on the application form link, and choose "save link as" and save it to your desktop first before filling the form out.
If a Specialist Education Agreement is declined
If a Specialist Education Agreement is declined the Manager Learning Support or the Intensive Wraparound Service (IWS) team will support access to other learning support options.
Parents can also ask for a review of a Specialist Education Agreement decision. To request a review, contact the Manager Learning Support in your local Ministry office. They will provide information about the review process.
When a student with a Specialist Education Agreement leaves the school
When a student leaves their specialist school or class, the Specialist Education Agreement ends. A new agreement is needed each time a student wants to enrol at another specialist school or class.
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