Section 47 appeal process for Ongoing Resourcing Scheme (ORS)
An appeal is a formal process made by the parent/whānau or caregivers (not the early childhood education centre or school) when there has been a history of unsuccessful Ongoing Resourcing Scheme applications and/or reviews within a relatively short period of time.
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The parents, caregivers and whānau of an ORS applicant can choose to request an appeal of an application outcome under Section 47 of the Education and Training Act (2020).
First steps
You may want to speak to the key contact at your local office of the Ministry of Education to discuss if it is appropriate to request an appeal under Section 47 of the Education and Training Act (2020).
Before this formal appeal, parents and the team around the student can ask the verifiers to review their decision.
Conditions
Before an appeal can be requested, all relevant information about a child or student must have been provided to the verifiers.
If all relevant information has been provided and the parents/whānau or caregivers remain dissatisfied with the verifiers' decision, they can write to the Secretary for Education to request an appeal under Section 47 of the Education and Training Act (2020).
Note: Any new information about the student that hasn't been previously seen by the panel of verifiers can't be part of the appeal process. If new information is presented during an appeal hearing the arbitrator will suspend the hearing to enable the new information to be considered by the panel of verifiers.
About the appeal process
The appeal process is arranged independently of the verifiers. The Ministry of Education and the parents/whānau or caregivers agree on an approved arbitrator from outside the Ministry to conduct the appeal. The Manager Assurance and Eligibility presents the Ministry's position at the appeal hearing.
This is a formal process made by the parent/whānau or caregivers (not the early childhood education centre or school).
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