The new Education and Training Act – what’s changing for boards?

The Education and Training Act 2020 has passed into law, with the majority of the Act coming into effect on 1 August. It was introduced following the completion of the government’s comprehensive Education Work Programme which included the final report of the Tomorrow’s Schools Taskforce Final Report and the Government’s response to that report: Supporting all Schools to Succeed: Reform of the Tomorrow’s Schools System.

The Act replaces all major existing education and training legislation and is intended to be a simpler, more modern and less prescriptive replacement than the previous framework. Set out below is a summary of the main changes for school boards.

Four primary objectives for boards

The Act ensures school governance is underpinned by Te Tiriti o Waitangi and relevant student rights, as well as refocussing boards on a wider range of objectives. Where educational achievement was once the only primary objective, there will now be four primary objectives:

• every student is able to attain their highest possible standard in educational achievement
• the school is a physically and emotionally safe place for students and staff; gives effect to relevant student rights; and takes reasonable steps to eliminate racism, stigma, bullying and other forms of discrimination
• the school is inclusive of, and caters to students with differing needs
• the school gives effect to Te Tiriti o Waitangi by:
  • working to ensure it plans, policies and local curriculum reflect local tikanga Māori, mātauranga Māori, and te ao Māori
  • taking all reasonable steps to make instruction available in tikanga Māori and te reo Māori
  • achieving equitable outcomes for Māori students.

Code of conduct for board members

The Minister will be able to issue a code of conduct for board members that sets out minimum standards of conduct which each member must comply with. Boards have the ability to specify additional standards of conduct as long as they are not inconsistent with the code. Sanctions for failure to comply include censuring a board member for a significant or persistent breach of the code and removal of the board member by the Minister. (The sanctions do not apply to principals.)

Local complaint and dispute resolution panels

Local complaint and dispute resolution panels will be established for when serious disputes cannot be resolved within the school. This includes disputes relating to stand-downs, suspensions, exclusions, expulsions, discrimination, safety issues and rights to education and enrolment. Panels will be made up of local community members and members from a central list of experts, and will be appointed by a Chief Referee. The panels will be able to resolve disputes by mediation and determination, can make recommendations and, with the consent of both parties, binding determinations (the latter can be enforced through the courts).

Other changes for school boards

The Act includes a number of other changes for school boards including:

• boards will be required to consult students (when appropriate), staff and the school community when making school bylaws.
• the responsibility of enrolment schemes will shift from school boards to the Ministry, although schools must still be consulted on their development.
• the Minister will issue eligibility criteria that must be met by applicants for appointment to the position of school principal. Boards can develop additional criteria as long as it is not inconsistent with the criteria issued by the Ministry and the board consults with the community.
• various amendments to update the school board of trustees elections.