Parata Hekia: Education Amendment Bill — Second ReadingText is incorporated into the Bound VolumeParata Hekia: Education Amendment Bill — Second Reading[Sitting date: 14 May 2013. Volume:690;Page:9854. Text is incorporated into the Bound Volume.]Hon HEKIA PARATA (Minister of Education):I move That the Education Amendment Bill be now read a second time. I wish to thank the members of the Education and Science Committee for their assiduous efforts in considering all aspects of this bill. I would also like to thank those members of the public who made very thoughtful submissions and informed the consideration of the committee. I would particularly like to acknowledge the work done by Tracey Martin as part of the Education and Science Committee to develop useful recommendations and in particular those relating to the application of the Ombudsmen Act to the disciplinary parts of the bill. I have no doubt that her role on boards of trustees informed that particular contribution. All of these views are reflected in the changes made to improve the bill.The Education Amendment Bill has three main objectives. The first is to establish the framework for the creation of partnership schools kura hourua. They will be one of a third type of school in our system alongside State and State integrated schools and private schools that brings together the education community and business sectors to create new opportunities for student achievement. The second objective is to safeguard students by establishing clear provisions around the exercise of search surrender and retention powers in schools. This will enable principals trustees and teachers to create a learning environment that is safe and conducive to positive learning while respecting the privacy and dignity of students. Thirdly the bill enables changes and clarifications to be made to such areas as the functions and powers of boards alternative board constitutions the allocation of national student numbers and the use of Crown land for building early childhood centres.We believe that the Education Amendment Bill will provide fresh opportunities for the New Zealand education system but most of all will provide levers to raise student achievement.The bill generated a lot of public interest which was reflected by the number of submissions received by the Education and Science Committee. The committee has carefully considered all of the submissions and recommended some changes to the legislation.By majority the committee has recommended one change to the legal framework for partnership kura. The committee considered the concerns of those who made submissions particularly regarding parents’ ability to challenge disciplinary decisions by a partnership kura. It is proposed that the accountability to parents be strengthened by the inclusion of a new dispute resolution process. This process has two strands. First each partnership kura must set up an independent review procedure to manage disputes regarding decisions made by the school—clause 31 new section 158D—and second partnership kura will be subject to the Ombudsman’s complaints jurisdiction regarding disciplinary decisions. The independent review requirement recognises the importance of having an impartial decision-making procedure for students who are legally required to enrol and attend school and whose parents have no contractual relationship with the institution. It will be fit for purpose targeted towards meeting the needs of students and reflect the particular characteristics of the school.Giving the Ombudsman jurisdiction over complaints relating to disciplinary matters means that it can bring to bear its years of experience and expertise including the significant body of precedent that has been built up over time. In addition this will ensure that partnership kura in this particular regard are treated consistently with all the schools across the New Zealand school sector. The amendments make it clear how parents can be involved in the successful resolution of disputes at partnership kura ensuring that these schools are accountable to their stakeholders.By majority the committee has recommended changes be made to the search surrender and retention provisions of the bill. These changes respond to concerns expressed by submitters from across the education sector. The proposed approach will contribute to safe learning environments which in turn will better enable schools to focus on the goals that the Government has set in relation to raising achievement and in particular for 85 percent of all 18-year-olds achieving National Certificate of Educational Achievement level 2 equivalent or better in 2017. Submitters spoke of the need for a robust and comprehensive legal regime one that would enable schools to address issues arising from students bringing harmful items such as drugs or weapons on to school premises.The Government is keen to give teachers and authorised persons the full range of tools and powers to ensure that a positive and safe environment is created within which student learning can get on unhindered. We want to increase the level of safety for students and teachers. Schools where students do not feel safe are not fit for purpose. We want students to feel secure in their surroundings in order that they can learn. At the same time we want to ensure that the privacy and dignity of students is protected and that the actions taken by teachers and authorised persons fit within boundaries that protect everyone. The amendments make it clear that if teachers and authorised staff members have grounds to believe a student is carrying a harmful item they may direct the student to produce and surrender it. Should the student refuse teachers and authorised staff members can require a student to remove outer clothing and surrender any bag or container for the purposes of a search.The amendments provide further clarity on the collection of bodily samples the use of drug testing and voluntary drug programmes and the use of drug dogs by contractors in the school environment. The bill ensures that teachers and authorised staff members must conduct any search with respect and sensitivity and in a manner that affords the student the greatest degree of privacy. This is an important safeguard—that is the reciprocal obligations of search surrender and retention and respect for the privacy of students and reasonable search.The Secretary of Education will be required to issue rules and guidelines. These guidelines will be prepared in full consultation with the sector and will cover practical aspects of the new search surrender and retention provisions providing guidance to support and help boards in developing policies that are fit for purpose. The guidelines will provide best-practice advice examples and scenarios and boards must give regard to these in forming their policies. I am confident that the bill provides schools with an effective legal framework to create safe learning environments.By a majority the Education and Science Committee has recommended a change be made to provisions for alternative constitutions. Some submitters expressed concern that under the new streamlined option for ministerial approval of alternative board constitutions the Minister of Education’s powers were unconstrained. The committee has recommended that the Minister be required to approve such a constitution only if she or he has reasonable cause to believe that it is in the best interests of the affected school or schools.The Government intends to support the amendments recommended by the majority of the committee. The Government is committed to ensuring that every young New Zealander has the potential to succeed through acquiring the relevant skills and qualifications to successfully participate in the modern economy. Our unrelenting focus is on how we raise achievement for all students and move past the average of four out of five to how we can ensure that five out of five can be educationally successful.To conclude the Education Amendment Bill provides the foundation for further positive changes to our education system. It creates the framework for partnership schools kura hourua partnering New Zealand communities with education and business alongside parents and giving them more options. It ensures that we focus on raising achievement. It provides for schools to have a safe and secure environment and balances the reciprocal rights of creating security for students while respecting the privacy and dignity of other students. The bill enables a small number of other changes and clarifications to be made to such areas as the functions and powers of school boards alternative board constitutions the issuing of national student numbers and the ability to build new early childhood centres on Crown land.I am confident that this bill supports the Government’s aim of providing that five out of five learners are achieving educational success. I now commend the Education Amendment Bill to the House.