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Education Amendment Bill (No 2) Government Bill As reported from the committee of the whole House 90—3 Education Amendment Bill (No 2) Key to symbols used in reprinted bill As reported from the committee of the whole House text inserted text deleted Hon Chris Hipkins Education Amendment Bill (No 2) Government Bill Contents Title Commencement Part 1 Amendments to Education Act 1989 Publication of mid-term dates Restrictions on primary school enrolment Cohort entry policy Dates for starting school under cohort entry policy Principal Act Section 2 amended (Interpretation) Sections 5 to 5B replaced 5 5A 5B New section 5D inserted (Publication of mid-term dates) 5D Section 11PB amended (Enrolment schemes of certain State schools) Section 25 amended (Students required to enrol must attend school) Section 35C amended (Criteria for registration as private school) Section 35K repealed (Suspension of registration if welfare of students may be at risk) Section 35L amended (Duration of suspension) Section 162 amended (Establishment of institutions) Section 382 amended (Functions of Teaching Council) New section 382A inserted (Issue of statement of Government policy relating to Teaching Council’s functions) 382A Issue of statement of Government policy relating to Teaching Council’s functions 90—3 11A 12 13 Page 3 3 3 3 3 4 4 4 4 4 5 5 5 5 5 5 5 6 6 1 Education Amendment Bill (No 2) 14 Schedule 1 amended Part 2 Amendments to other enactments Subpart 1—Amendments to Education Act 1964 Amendments to Education Act 1964 Section 2 amended (Interpretation) New section 96 inserted (Correspondence schools and classes for continuing education) 96 Correspondence schools and classes for continuing education Subpart 2—Amendments to Education (Update) Amendment Act 2017 Amendments to Education (Update) Amendment Act 2017 Section 2 amended (Commencement) Section 5 amended (Section 2 amended (Interpretation)) Section 11 repealed (Sections 7 and 7A repealed) Section 20 amended (Section 16 amended (Secretary’s powers
 when excluded student younger than 16)) Section 25 amended (Section 20 replaced (New Zealand citizens and residents between 6 and 16 to go to school)) Sections 26 to 29 repealed Section 30 amended (Section 25 amended (Students required to enrol must attend school)) Sections 32 to 34 repealed Section 36 amended (Section 35Q amended (Suspensions and expulsions of students from private schools to be notified to Secretary)) Section 38 repealed (New Part 3A inserted) Section 39 amended (Section 60 amended (Interpretation)) Section 52 repealed (Section 78A amended (Powers of entry and inspection)) Section 67 repealed (Section 81A repealed (Grants for correspondence schools)) Sections 70 and 71 repealed Section 72 amended (Section 92 amended (Interpretation)) Section 98 amended (Section 144A amended (Secretary may require information for proper administration of Act)) Section 100 amended (Section 145 amended (Interpretation)) Section 107 repealed (Section 152 repealed (Correspondence schools)) Section 120 repealed (Section 158A amended (Interpretation)) Education Amendment Bill (No 2) Part 1 cl 5 38 39 40 41 42 43 43A 44 45 Section 122 amended (Section 158R amended (Secretary’s powers when student younger than 16 is excluded from partnership school kura hourua)) Section 125 repealed (Section 159 amended (Interpretation)) Sections 131 to 135 repealed Section 140 repealed (Section 342 amended (Interpretation)) Section 142 repealed (Section 350A replaced (Special provision for chief executive of correspondence school)) Section 156 amended (New Schedule 1 inserted) Section 158 amended (Schedule 6 replaced) Section 161 amended (Consequential amendments to other enactments) Schedule 3 amended 10 10 10 10 10 10 11 11 11 The Parliament of New Zealand enacts as follows: 1 2 3 4 Title This Act is the Education Amendment Bill (No 2) 2018.
Commencement This Act comes into force as follows: (a) (c) sections 4, 5, and 8 come into force on 1 January 2020: the rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.

Part 1 Amendments to Education Act 1989 Principal Act This Part amends the Education Act 1989 (the principal Act).
Section 2 amended (Interpretation) In section 2(1), insert in its appropriate alphabetical order: cohort entry policy means a policy that provides for a child who proposes to enrol in a State school or State-integrated school to be assigned to a group of children and for all of the children in that group to be enrolled in the school on the same date, being a date that is determined in accordance with section 5B 5 Sections 5 to 5B replaced Replace sections 5 to 5B with: 5 10 15 20 3 Part 1 cl 6 Education Amendment Bill (No 2) 5 Restrictions on primary school enrolment The following persons may not be enrolled in or continue to be enrolled in a primary school or a class below form 3 at a composite school: (a) (b) (c) a child under the age of 5 years: a child who turned 14 years of age in a previous year: 5 a child who, in the opinion of the Secretary,— (i) (ii) has completed the work of form 2; or has completed the work equivalent to form 2.
5A Cohort entry policy (1) A State school or State integrated school may adopt or revoke a cohort entry 10 policy after complying with the requirements in section 5C.

(2) A cohort entry policy must— (a) (b) apply to all children aged 5 who have not previously enrolled in a regis- tered school; and provide that all such children may be enrolled only on a date determined in accordance with section 5B.
15 5B Dates for starting school under cohort entry policy (1) This section applies to a school that has a cohort entry policy.

(2) A child may be enrolled not earlier than the child’s fifth birthday on a date that is— (a) (b) a term start date: a mid-term start date.

(3) In this section,— 20 mid-term date means a date that is published as a mid-term date under sec- tion 5D 25 term start date, in relation to a school, means a date that is the first day of a term that the school is open for instruction.
6 New section 5D inserted (Publication of mid-term dates) After section 5C, insert: 5D Publication of mid-term dates 30 (1) The Minister must, before 1 July in any year, publish in the Gazette (by refer- ence to specific dates) the mid-term start dates for the following year.

(2) A mid-term start date must be the Monday that is closest to the date that is half- way between the first and last dates of a term.
4 7 (1) (2) 8 (1) (2) 9 Education Amendment Bill (No 2) Part 1 cl 12 Section 11PB amended (Enrolment schemes of certain State schools) In section 11PB(1), delete “State schools that are accredited as enrolling com- munities of online learning,”.

Repeal section 11PB(1)(ca).

Section 25 amended (Students required to enrol must attend school) 5 In section 25(1)(b), delete “4 or”.

In section 25(3A), delete “4 or”.


Section 35C amended (Criteria for registration as private school) After section 35C(g), insert: (h) is a physically and emotionally safe place for students.

10 Section 35K repealed (Suspension of registration if welfare of students may be at risk) Repeal section 35K.

11 Section 35L amended (Duration of suspension) Repeal section 35L(2).
11A Section 162 amended (Establishment of institutions) Replace section 162(5) with: (5) (6) (7) (8) (9) In the case of a college of education, polytechnic, specialist college, or wananga, the Minister may, on the recommendation of its council, change the name of the college of education, polytechnic, specialist college, or wananga by notice published in the Gazette.

In the case of a university, its name may be changed if the procedure set out in subsections (7) to (9) is followed.
The university must give written notice to the Minister of the proposed name change.

If notice is given, the Minister must present the proposal to the House of Rep- resentatives.

If the House of Representatives, by resolution, accepts the proposed name change, the Minister must change the name of the university by notice pub- lished in the Gazette.
12 Section 382 amended (Functions of Teaching Council) (2) After section 382(1)(e), insert: (ea) to review, at any time, the criteria for teacher registration established under paragraph (e) and, after consultation with the Minister,— (i) vary, delete, or replace 1 or more of the criteria; or Part 1 cl 13 Education Amendment Bill (No 2) (ii) (iii) add 1 or more criteria; or delete all of the criteria and substitute new criteria: (4) After section 382(1)(f), insert: (fa) to review, at any time, the standards for qualifications established under paragraph (f) and, after consultation with the Minister,— 5 (i) (ii) vary, delete, or replace 1 or more of the standards; or add 1 or more standards; or (iii) delete all of the standards and substitute new standards: 13 New section 382A inserted (Issue of statement of Government policy relating to Teaching Council’s functions) 10 After section 382, insert: 382A Issue of statement of Government policy relating to Teaching Council’s functions (1) (2) The Minister may, at any time, issue a statement of Government policy relating to 1 or more of the Teaching Council’s functions specified in section 382(1).
15 Before issuing a statement of Government policy, the Minister must consult the Teaching Council.

(3) Every statement of Government policy must be— (a) (b) (c) given in writing to the Teaching Council; and published in the Gazette; and presented to the House of Representatives.

20 (4) A statement of Government policy comes into effect on the date specified in the Gazette notice, which date must be on or after the date of the notice and is to be treated as the date on which the statement is issued.
(5) When performing its functions, the Teaching Council must have regard to any 25 relevant statement of Government policy.

(6) A statement of Government policy may be amended, revoked, or replaced in the same way as it is given.

(7) A statement of Government policy issued under this section is neither a legisla- tive instrument nor a disallowable instrument for the purposes of the Legis- lation Act 2012, and does not have to be presented to the House of Representa- tives under section 41 of that Act.
30 14 Schedule 1 amended In Schedule 1, after Part 7, insert: 6 Education Amendment Bill (No 2) Part 1 cl 14 Part 8 Provisions relating to Education Amendment Act (No 2) 2018 23 Interpretation In this Part,— amendment Act means the Education Amendment Act (No 2) 2018 commencement date means the date on which this clause comes into force transition period means the period beginning on the commencement date and ending on the date that is 6 months after the commencement date.
24 Transitional provision in relation to criteria for registration as private school (1) A school that is provisionally or fully registered as a private school under sec- tion 35A before the commencement date— 5 10 (a) is to be treated as having met the criterion specified in section 35C(h) during the transition period; and (b) must be able to show, after the expiry of the transition period, that it 15 meets that criterion.
(2) Despite subclause (1), a school that is provisionally registered under section 35A must meet the criterion specified in section 35C(h) if— (a) the school’s provisional registration is being renewed under section 35A(4); or (b) the school is being reviewed pursuant to a request made under section 35A(5); or (c) the school is being fully registered under section 35A(6).
(3) An application to be registered as a private school made under section 35A before the commencement date, but not determined by that date, is to be treated as an application received on or after the commencement date.

25 Transitional provision in relation to suspension of private school (1) Any process for the suspension of a school commenced before the commence- ment date is to be completed under this Act as if the amendment Act had not been enacted.
(2) A suspension resulting from the process specified in subsection (1) is to be dealt with under this Act as if the amendment Act had not been enacted.

(3) A complaint made under this Act before the commencement date, but not determined by that date, is to be dealt with under this Act as if the amendment Act had not been enacted.
20 25 30 35 7 Part 2 cl 15 Education Amendment Bill (No 2) Part 2 Amendments to other enactments Subpart 1—Amendments to Education Act 1964 15 Amendments to Education Act 1964 This subpart amends the Education Act 1964.
5 16 Section 2 amended (Interpretation) In section 2(1), insert in its appropriate alphabetical order: correspondence school or correspondence classes means any school or insti- tution, or any classes, established by the Minister to provide instruction by cor- respondence 10 17 New section 96 inserted (Correspondence schools and classes for continuing education) After section 95, insert: 96 Correspondence schools and classes for continuing education Having regard to the provision of continuing education, the Minister may establish any school or classes to provide instruction by correspondence for that purpose; and any school or class so established shall be controlled in such manner, and shall charge such fees for the instruction provided, as the Minister may determine.
15 Subpart 2—Amendments to Education (Update) Amendment Act 2017 20 18 Amendments to Education (Update) Amendment Act 2017 This subpart amends the Education (Update) Amendment Act 2017.

19 (1) (4) (2) (5) Section 2 amended (Commencement) Replace section 2(4) with: Sections 22, 25, and 98 come into force on1 January 2019 the date that sec- tion 19 of the Education Amendment Act (No 2) 2018 comes into force.
Replace section 2(5) with: 25 Sections 39(4), 41(2) and (5), 43, 60, 68, and 158(2) come into force on the earlier of— (a) (b) a date appointed by the Governor-General by Order in Council: 30 1 January 2023.

(5A) Section 95 comes into force on the date that section 19 of the Education Amendment Act (No 2) 2018 comes into force.

8 Education Amendment Bill (No 2) Part 2 cl 30 20 Section 5 amended (Section 2 amended (Interpretation)) Repeal section 5(5) and (6) 5(4) to (6).
21 Section 11 repealed (Sections 7 and 7A repealed) Repeal section 11.

22 23 (1) (2) (1) Section 20 amended (Section 16 amended (Secretary’s powers when excluded student younger than 16)) 5 Repeal section 20(2) and (3).

Section 25 amended (Section 20 replaced (New Zealand citizens and residents between 6 and 16 to go to school)) In section 25, heading to new section 20, delete “or enrolling community of online learning”.
10 In section 25, replace new section 20(1) with: Every person who is a New Zealand citizen or resident must, during the period beginning on the person’s sixth birthday and ending on the person’s 16th birth- day, be enrolled at a registered school.

15 24 Sections 26 to 29 repealed Repeal sections 26 to 29.

25 Section 30 amended (Section 25 amended (Students required to enrol must attend school)) Repeal section 30(2).

26 Sections 32 to 34 repealed Repeal sections 32 to 34.
27 Section 36 amended (Section 35Q amended (Suspensions and expulsions of students from private schools to be notified to Secretary)) Repeal section 36(2).

28 Section 38 repealed (New Part 3A inserted) Repeal section 38.

29 Section 39 amended (Section 60 amended (Interpretation)) Repeal section 39(3).

30 Section 52 repealed (Section 78A amended (Powers of entry and inspection)) Repeal section 52.
20 25 30 9 Part 2 cl 31 Education Amendment Bill (No 2) 31 Section 67 repealed (Section 81A repealed (Grants for correspondence schools)) Repeal section 67.

32 Sections 70 and 71 repealed Repeal sections 70 and 71.

33 Section 72 amended (Section 92 amended (Interpretation)) Repeal section 72(1), (3), and (4).

34 Section 98 amended (Section 144A amended (Secretary may require information for proper administration of Act)) In section 98(1), repeal new section 144A(1AAA)(c).
35 Section 100 amended (Section 145 amended (Interpretation)) Repeal section 100(1).

36 Section 107 repealed (Section 152 repealed (Correspondence schools)) Repeal section 107.

37 Section 120 repealed (Section 158A amended (Interpretation)) Repeal section 120.

38 Section 122 amended (Section 158R amended (Secretary’s powers when student younger than 16 is excluded from partnership school kura hourua)) Repeal section 122(2).
39 Section 125 repealed (Section 159 amended (Interpretation)) Repeal section 125.

40 Sections 131 to 135 repealed Repeal sections 131 to 135.

41 Section 140 repealed (Section 342 amended (Interpretation)) Repeal section 140.

Section 142 repealed (Section 350A replaced (Special provision for chief executive of correspondence school)) Repeal section 142.
Section 156 amended (New Schedule 1 inserted) In section 156(2), new Part 4 inserted in Schedule 1 of the Education Act 1989, clause 4, replace “schedule” with “Part”.

42 43 (1) 10 Education Amendment Bill (No 2) Part 2 cl 45 (2) Repeal section 156(4).

43A Section 158 amended (Schedule 6 replaced) In section 158(2), new clauses 7(2A), (2B), (2C), and (2D), and 9B(2), replace “2019” with “2022”.

44 Section 161 amended (Consequential amendments to other enactments) 5 Repeal section 161(3).
45 Schedule 3 amended In Schedule 3, repeal Part 3.

13 September 2018 27 September 2018 5 April 2019 7 May 2019 8 May 2019 Legislative history Introduction (Bill 90–1) First reading and referral to Education and Workforce Committee Reported from Education and Workforce Committee (Bill 90–2) Second reading Committee of the whole House (Bill 90–3) Wellington, New Zealand: Published under the authority of the House of Representatives—2019 11