Section A: Trusteeship OVERVIEW OF THE NEW ZEALAND EDUCATION SYSTEM
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Tomorrow’s Schools evolution Education structure Introduction The education partnership The board’s role The principal’s role The Ministry of Education’s role Governance Education Act 1989, Sections 65, 75, and 76 Example definition of governance Practising continuous improvement Board professional development
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BOARD OPERATING STRUCTURE
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The board of trustees Parent-elected representatives Who can be a parent trustee? Who cannot be a parent trustee? Filling a casual vacancy on a board Size of board When are they elected? Term of office of the board Roles within the board The chair The principal The staff and student trustee Proprietor-appointed trustees Parent-elected representatives and co-opted trustees Board committees Delegations
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BOARD PROCESS
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Policy Board meetings Notice of meetings Meeting structure Board decision making Voting Attendance fees
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MANAGING RELATIONSHIPS
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Managing board relationships Trustees’ code of behaviour Managing conflict in board relationships Dealing with complaints: how effective is your process? Managing community relationships Overview The relationship between the board and parent groups
20 20 20 20 20 20 20
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Community consultation Some examples of consultation Managing media relationships
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BECOMING A TRUSTEE
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School-based trustees Appointed proprietors’ representatives Trustees appointed by other organisations Co-opted trustees Procedure Wording for the advertisement Education Act 1989, section 105 – Filling casual vacancies Trustee Induction
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THE OVERARCHING LEGISLATIVE FRAMEWORK
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National Education Guidelines National Education Goals The New Zealand Curriculum National Administration Guidelines
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THE WORK OF THE BOARD
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The school charter What is the purpose of the charter? What must a charter contain? Reviewing the charter What happens after we have approved our charter? Boards and the Treaty of Waitangi/Te Tiriti o Waitangi Employer role Appointment of the principal Performance review of the principal Asset management Operations grant Money from other sources Property
33 33 33 35 36 36 37 37 38 38 39 40 40
SPECIAL EDUCATION
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What is special education? Special education policy The role of boards of trustees in special education How does a student gain access to special education? The role of the Group Special Education (GSE) Options for students with special needs Discretionary resources for support
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STUDENT STAND-DOWNS, SUSPENSIONS, EXCLUSIONS, AND EXPULSIONS
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Definitions Purpose of the Act Context Section 14 Education Act 1989 Right to education National Education Guidelines Right to counselling
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Obligation to parents Natural justice Acting fairly and reasonably The principal’s decision The student’s rights The board’s actions The board to decide Conflict of interest Points to note At the meeting Meeting procedures Reflective questions to consider Other things to consider Conditions Reconsideration meeting
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FINANCE
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The budget Monthly financial reports Financial powers of boards Investment Borrowing Conflicts of interest Types of conflict of interest Record keeping Bottom line
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PROPERTY
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Property aims and objectives The charter School security Property occupancy document (POD) Asset register Capital works Insurance Readynet emergency management Maintenance Vandalism 10-Year Property Plan (10YPP) Property management Treaty of Waitangi requirements Equity requirements 5-Year Agreement (5YA) Contract management The Resource Management Act 1991 Consultation Resource consent School housing Rent Paying for maintenance and other work Rates Fire code
55 55 55 56 56 56 57 57 58 59 59 59 59 60 60 60 62 62 62 63 63 63 64 64
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Building Act 2004 Building code Building warrant of fitness Further information Property Management Handbook (PMH) Property Management Information System (PMIS) Property newsletter Regional property forums
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OTHER EDUCATION AND PROFESSIONAL ORGANISATIONS
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Education Review Office (ERO) New Zealand Qualifications Authority (NZQA) New Zealand Teachers Council (NZTC) Careers Service State Services Commission (SSC) New Zealand Catholic Education Office (NZCEO) New Zealand Post-Primary Teachers Association (NZPPTA) NZ Secondary Principals' Council (NZSPC) New Zealand Educational Institute (NZEI) Service and Food Workers Union (SFWU) New Zealand Principals Federation (NZPF) Secondary Principals’ Association of New Zealand (SPANZ)
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OVERVIEW OF THE NEW ZEALAND EDUCATION SYSTEM Tomorrow’s Schools evolution With the beginning of Tomorrow’s Schools 20 years ago, we saw a major change in control away from central government to the local community, with responsibility and accountability lying with boards of trustees. In May 1989, boards of trustees were elected, charters written and approved, and a new era in education began – the self-governing, self-managing school was born.
Education structure Introduction The Education Act 1989 and the National Education Guidelines established the framework for the delivery of education programmes. A partnership exists between the school board and the Ministry of Education. This partnership is articulated in a school’s charter. The Education Act 1989 set the structure for Tomorrow’s Schools and authorised:
the establishment of boards of trustees students’ rights to education enrolment and attendance stand-downs, suspensions, exclusions, and expulsions of students the control and management of state schools finance and payment of teacher salaries teacher registration establishment of schools review of educational services
A copy of relevant parts of the Education Act 1989 can be found on the NZSTA website at http://www.nzsta.org.nz/board-responsibilties/legislation/. For a clearer understanding of the Act, and implications for boards, contact the NZSTA Helpdesk, 0800 STAHELP (0800 782 435).
The education partnership Every state school and state integrated school must have a charter that gives consideration to local needs and priorities. It is the key guiding document for the board and contains the mission, aims, objectives, directions, and targets of the board that will give effect to the National Education Guidelines and the board’s priorities. This charter is a binding agreement between the Minister of Education and the board. Further information regarding school charters can be found in this handbook under “The school charter”.
The board’s role First and foremost, boards are accountable for student achievement. They exercise this prime accountability by providing an environment for and monitoring the delivery of
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quality educational outcomes. They are responsible for ensuring they focus their strategic planning on improving student progress and achievement. The changes to board planning and reporting brought about through the Education Standards Act 2001 means that boards require sound strategies to ensure that all students achieve to a high standard. Requiring the board to:
use up-to-date information use both internal and external data to identify strengths and weaknesses set challenging targets for achievement analyse closely, continually monitoring progress towards targets make adjustments as necessary.
Without relevant data the board will not be able to decide what is working and what isn’t, or indeed whether progress in the right direction is being made. The essential challenge for the board will be to determine which of the actions taken have added sufficient value and which have not. Clearly, the board is looking for opportunities for improvement in student achievement, which may mean modifying or adding to existing plans, targets, and so on. Continuous improvement is ultimately data-driven. To do its job well, the board must have on going relevant information about how the school is performing against targets and goals and about the results it is getting. Most importantly, the data the board receives from the principal must be “fit for purpose”; that is, directly relevant and in a useful format for board consideration, decision-making, and monitoring. It doesn’t matter which way a board may look at it, the final measure of the school’s effectiveness in improving educational outcomes is the actual results. The essence of trusteeship is that all trustees on a board hold in trust for the community the successful education of all students enrolled at the school. A fundamental principle of the New Zealand education system is that every student will have the opportunity to achieve to the highest level of his or her capabilities in a system that is responsive to individual differences. Trusteeship involves the acceptance of this responsibility to ensure the school runs well for the benefit of the students’ education. To accomplish this, boards need to ensure that correct and adequate resources are available to the staff to enable them to teach the students to the very best of their ability. These resources include current learning materials and equipment, relevant staff development, and well-maintained property and management processes.
The principal’s role The principal is a trustee, professional leader of the school, the chief executive of the board, and has the overall responsibility for day-to-day management within the law and the board’s policies and delegations. The establishment of an effective and productive working relationship between the board and the principal is critical to the success of the self governing/managing school. The responsibilities of the principal include:
implementing the school charter and giving priority to school annual targets managing the school on a day to day basis providing the educational leadership of the school
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using resources effectively and efficiently overseeing staff appraisals and staff professional development
The Ministry of Education’s role Education in New Zealand is a joint responsibility of the Ministry and school boards of trustees. Under Tomorrow’s Schools the Ministry exists to: give policy advice to the government on all aspects of education implement government policy effectively, efficiently, and equitably advise on the best policy use of the resources allocated to education (including school property and Vote: Education, which is currently about $7 billion) provide an education policy perspective on a range of economic and social policy issues The Ministry focuses on the overall performance of approximately 2445 state and state integrated schools and through its work aims to: raise the achievement of all students and reduce the disparity between the highest and lowest levels of educational success help design processes that create learning environments which promote students’ achievement through focusing on the performance of students, schools, and other institutions provide a responsive education system which: - recognises the individual learning needs and abilities of students - recognises the special character and nature of different communities, different cultures, and different values - helps overcome the disadvantages some students face, through truancy programmes and school improvement initiatives - helps students to achieve their potential by working closely with welfare, health, and community agencies to address problems students might be experiencing in their family life - helps schools to address problems students might be experiencing in their family life - helps schools to address problems that compromise their ability to ensure a quality education for their students If the Ministry believes, on reasonable grounds, that there are risks to student welfare or learning or to the operations of the school itself, then it may introduce interventions. Six interventions are possible under the Education Act 1989. The Ministry may: request information from the school’s board of trustees (section 78J) require a board of trustees to seek specialist help (section 78K) require a board to prepare and implement an action plan to fix a problem or problems (section 78L) appoint a limited statutory manager to work on a particular aspect of a school’s operation while the board remains in existence (section 78M). The Minister of Education may dissolve a board and direct the Secretary for Education to appoint a commissioner where the school is at serious risk and other interventions would not deal satisfactorily with that risk (section 78N (1)). The Secretary for Education may dissolve a board and appoint a commissioner where a board is non-functioning (section 78N (3)).
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Governance Boards are given power under section 75 of the Education Act 1989 to control the management of the school. They are the legal bodies (body corporate), with legal obligations to govern the school in accordance with the Acts and Regulations of Parliament and within the school’s own charter. The legal responsibility of boards of trustees and principals is determined in the Education Act 1989.
Education Act 1989, Sections 65, 75, and 76 s65 Staff ...a board may from time to time, in accordance with the State Sector Act 1988, appoint, suspend, or dismiss staff. s75 Boards to Control Management of Schools Except to the extent that any enactment or the general law of New Zealand provides otherwise, a school’s board has complete discretion to control the management of the school as it thinks fit. s76 Principals (1)
A school’s principal is the board’s chief executive in relation to the school’s control and management.
(2)
Except to the extent that any enactment or the general law of New Zealand provides otherwise, the principal (a)
shall comply with the board’s general policy directions, and
(b)
subject to paragraph (a) of this subsection, has complete discretion to manage as the principal thinks fit the school’s day to day administration.
Understanding governance and management The concept of governance and management can be difficult for both boards and principals to come to grips with. Boards of trustees are ultimately responsible and accountable for the school’s performance and are required to set the direction for the school and monitor progress towards achieving it. The role of the board has undergone significant change as boards have matured and moved, in the initial stages, from a focus on non educational matters such as property and finance, to a clear and unequivocal focus on the improvement of student achievement.
Governance
&
Management
The board
The principal
The what do we want to achieve
The how we get there
The ends
The means
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Example definition of governance Successful schools are characterised by the fact that both the board and principal demonstrate they have a very clear understanding of their different roles and responsibilities by functioning as a partnership team in a business-like manner. For an example of governance and management definitions please see; NZSTA The Boards Policy Framework at http://www.nzsta.org.nz/board-as-govenors/what-isgovernance-/. A board’s roles and responsibilities policy could look something like this: The board of trustees’ key areas of contribution are to:
set and, as needed, modify the vision, mission, and values of the school
protect the special character/values of the school
ensure a sensible and feasible strategic plan
approve and monitor the annual plan
develop and review the general policy direction
monitor and evaluate student learning outcomes
appoint, assess the performance of, and support the principal
act as a good employer
provide financial stewardship
oversee, conserve, and enhance the resource base
approve major policies and programme initiatives
manage risk
commit to a programme of professional development that includes new trustee induction
build a broad base of community support
exercise governance in a way that fulfils the intent of the Treaty of Waitangi by valuing and reflecting New Zealand’s dual cultural heritage
Practising continuous improvement Continuous improvement is a basic aspect of the key work of boards of trustees. It is a way of thinking about everything we do as a board and seeking ways to do it better. Highly effective boards and board members lock the concepts of continuous improvement into their thinking so that it becomes a habit of mind, and brings a perspective founded in data and preoccupied with quality. Continuous improvement practised consistently, gives the board leverage to grow the school’s systems capacity to achieve its mission and goals. The board must be willing to put its own operations under the microscope to determine what it does well – its strengths, and what it does less well – its opportunities for improvement. For further information about continuous improvement, see the NZSTA member-only publication Boards Leading Change – The Case for Continuous Improvement. This publication is available from NZSTA.
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Board professional development One of the key ways of measuring how you are doing is to undertake ongoing professional development. Whether you are a new trustee or an old hand, modelling professional learning is a key aspect of continuous improvement. NZSTA offers a wide range of high quality, nationally consistent professional development opportunities tailored to meet the specific needs of all individual board members, clusters or individual boards. In some cases NZSTA professional development may be able to be accessed on a “free to boards” basis through NZSTA or the Ministry of Education. For details of available professional development in your area please contact your NZSTA regional coordinator or go to www.nzsta.org.nz.
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BOARD OPERATING STRUCTURE The board of trustees The makeup, or constitution, of a board of trustees is set out in section 94 of the Education Act 1989 (see the Legislation section of this handbook). There are four ways a person can become a trustee: he or she can be elected, selected, appointed or co-opted (but not seconded). There is a major difference between state school and integrated school boards. In state schools there are two groups: parent representatives and school-based trustees. School-based trustees are the principal, a staff representative, and, in secondary schools, a student representative. In integrated schools there are three groups: parent representatives, school-based trustees, and a group appointed by the proprietor of the school. A board can co-opt people on to the board as it sees fit. Co-opted trustees do not fill vacancies; they are additional to the total number of trustees on the board. A board can also give permission for a body corporate to appoint one or more members to the board. A trustee selected to fill a parent representative vacancy that would otherwise have been filled by election is considered to be an elected parent representative once he or she arrives at the board table. In that parent representative group the elected representatives must always outnumber the people selected to fill vacancies in the group. So, on a board where there are five parent representative positions, two vacancies can be filled by selection. If a third elected parent representative leaves the board a by-election must be held. This group of parent representatives must always outnumber the co-opted trustees plus those appointed to the board by outside organisations, such as proprietors of integrated schools. Although people can become trustees in different ways it is important to remember that all trustees have:
equal standing equal voice equal vote equal responsibility
Parent-elected representatives The school community elects trustees every three years. If one or more of the original trustees resigns, the board has to decide how to fill the vacancy. The board can hold a by-election or select a person but it cannot co-opt a person. If the board decides to make a selection, it has to ensure that it has fewer selected parent representatives than elected parent representatives. In a board with five elected parent representatives, for example, up to two casual vacancies can be filled by selection, but if another of the original elected parent representatives resigns, the board must hold a by-election. The board must also ensure that its community agrees with the selection process occurring. The selection process is described below under “Filling a casual vacancy on a board”.
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At all times the board’s constitution must allow a majority of parent-elected representatives over co-opted trustees and/or the proprietor’s representatives. For example, a board of five elected parent representative trustees may co-opt up to four other members, or have up to four proprietor’s representatives, or a combination of these up to a maximum of four. Simply stated, then, co-opting a person adds a trustee to the board – it does not fill a vacancy.
Who can be a parent trustee? With the following exceptions, anyone may stand for election to be a parent representative. A trustee does not need to be a parent/caregiver of a student.
Who cannot be a parent trustee? Those who may not stand for election to be a parent representative are:
an undischarged bankrupt prohibited from being a director or promoter of, or are concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, the Securities Act 1978, the Securities Markets Act 1988 or the Takeovers Act 1993 subject to a property order under the Protection of Personal and Property Rights Act 1988 (unless it is a temporary order under section 30) a person in respect of whom a personal order has been made under that Act that either the person is not competent to manage his or her own property affairs, or does not have the capacity to communicate/make decisions relating to his/her welfare/personal care a person who has been convicted of an offence punishable by imprisonment for 2 years or more, or who has been sentenced to imprisonment for any other offence, unless they have obtained a pardon, served the sentence, or otherwise suffered the penalty not a New Zealand citizen, and are either: a person to whom section 15 of the Immigration Act 2009 applies a person obliged, by or pursuant to that Act or any other enactment, to leave New Zealand immediately or within a specified time (being a time that, when specified, was less than 12 months); or deemed for the purposes of that Act to be in New Zealand unlawfully a permanently appointed member of the board staff, unless they are standing for election as a staff representative a contractor or subcontractor with the board without the approval of the Secretary for Education and receiving payments exceeding $25,000 in any financial year (see section 103A Education Act 1989 – this would also cover situations where a person has a 10% or more shareholding in the contracting company or a company that controls the contracting company
Filling a casual vacancy on a board A board has to decide to fill a vacancy for a parent-elected representative (known as a casual vacancy) within 8 weeks (56 days) of the vacancy occurring, in one of two ways.
By-election. The procedure for a by-election is set out in the Returning Officers’ Handbook (See funding details below). When a by-election is to be held, the board
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needs to set the election date as all other procedures are based on counting backwards from that date. The returning officer cannot fulfil their duties if that date has not been set. Selection. A person selected under this option is regarded as a parent representative and is not included in the number of trustees a board may co-opt or have appointed to it.
A board with five elected representatives (including the vacancy) may co-opt or have appointed to it up to four other people. A board cannot fill a casual vacancy for an elected parent representative by co-option. The term of office for the person elected or selected will be for the remainder of the vacating trustee’s term. The forms for claiming by-election expenses are available from the Ministry website, www.minedu.govt.nz/goto/resourcingforms. The Ministry does not currently fund student elections or student by-elections.
Size of board A board can decide to have from three to seven parent representatives. However, the total number on a board can range from five to sixteen. A board wishing to increase or decrease its number must follow the requirements in section 94 of the Education Act 1989 (see the Legislation section of this handbook).
When are they elected? The elections for boards of trustees are held every three years and are governed by the relevant sections in the Education Act 1989 and the Education (School Trustee Elections) Regulations 2000. In 2000 new provisions were introduced which enable a board to have half of its parent representatives elected every 18 months for a 3-year term. This is called the mid-term (staggered) election process. The decision on whether to opt into or out of the mid-term elections process rests with the board, but there are legislative requirements governing this, which need to be followed. Contact the NZSTA helpdesk on 0800 STAHELP (0800 782 435).
Term of office of the board A newly elected board takes office seven days after it is elected and stays in office until the next general election for trustees – either six days after nominations close, if no voting is required, or six days after voting closes. The exception is the student representative, who is elected in September each year for a one year term.
Roles within the board The chair One trustee to preside (chair) at meetings (1)
Every board must appoint a trustee (not being the principal or the staff or student representative) to preside at meetings of the board.
(2)
The appointment must be made
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(a)
at the board’s first meeting in any year, unless it is an election year, in which case it must be at the first meeting held after the election; and (b)
when the board has resolved that it has no confidence in the person for the time being appointed; and
(c)
when the person for the time being appointed ceases to be a trustee, or resigns the task by notice in writing to the board.
Clause 7 of Schedule 6 to the Education Act 1989 The chair is responsible for ensuring that the work of the board gets done and for overseeing the activities of other trustees. Any trustee other than the principal, the staff trustee and the student trustee can be appointed chair. The chair should maintain a productive working relationship with the principal to ensure the smooth and efficient running of the school. The position of chairperson is always open to review and the board can change the chairperson at any meeting of the board if a majority of trustees present agree by voting on it. It is important to remember that the chairperson may not act independently of the board in areas that affect the future of the school. There may be times, such as in the term breaks, when the board delegates its powers to an executive committee (for example, the chair, the principal and another board member) to deal with urgent matters.
The principal The principal is a full member of the board, the educational professional leader of the school, the CEO, and the board’s chief adviser. This can be at times difficult as the principal is an employee, delegated employer, and a member of the employing body.
The staff and student trustee It is a requirement that all state and state integrated schools have a staff trustee and in schools with students above year 9, one elected student trustee. The staff/student trustee is first and foremost a trustee, making decisions on behalf of all stakeholders at the school using all the information available. They are elected to bring a staff/student perspective to the board in the same way that parent trustees bring a parent view. They are bound by the same roles, responsibilities and codes of conduct as other trustees and must aim to be part of the board team rather than hold a single representational focus.
Proprietor-appointed trustees State integrated schools have proprietor appointed trustees with a special focus of looking after the proprietor’s particular interests, and especially to ensure that the special character of the school is retained. They are bound by the same roles, responsibilities and codes of conduct as other trustees and must aim to be part of the board team rather than hold a single representational focus.
Parent-elected representatives and co-opted trustees Co-opted trustees are full members of the board with equal voice, vote, and accountabilities. They are usually co-opted to fill skill gaps.
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Board committees From time to time the board may decide that for efficient and effective decision making or information gathering a committee is required. There is legislation surrounding the makeup and decision-making powers of these committees, and boards should ensure that the use of a committee is in the best interests of the board before delegating any authority. See “Delegations” below. When assisting the principal as a volunteer it is important for both the principal and board member to understand that when acting under this request, the volunteer is under the direction of the principal and not acting in his or her capacity as a board member. Committees run the risk of allowing some board members not to receive the same information as others. For example, the whole board needs to understand the finances and take responsibility for them rather than leave this to one or two board members. It is bad practice for a board to set policy, delegate authority to the principal, and then continue to manage through a committee! There are two main types of committees, standing and ad hoc. Standing committee This type of committee is the most common and can also be the most contentious. It provides specialised assistance and advice to the board. Boards need to be particularly vigilant that these committees are focused at a governance level and are not doing management work. Examples of such committees are discipline, finance, property and review. Ad hoc committee/working parties This type of committee is formed to handle a specific situation or issue that does not fall within the responsibilities of a standing committee. Once the task is completed, the committee ceases to exist. The board would usually take the advice and recommendations of this committee and ratify them; for example, develop a policy, review the current policy framework, undertake an employment investigation or plan and implement the strategic planning process. When a board is reviewing its governance structure, or indeed documenting it for the first time, this would be an excellent opportunity to review the committee structure, the delegations and individual terms of reference for each committee, the composition of committees and any compliance requirements. The board’s committees should do board work not management or operational work. This does not mean the principal is restricted from using the expert knowledge of individual board members acting in a voluntary capacity.
Delegations The Education Act 1989 (section 66) contains the provisions for board delegations. The major changes to these in 2005 were: Non-trustees A board can delegate its powers/functions to committees consisting of non trustees. Committees must have a minimum number of two persons at least one of whom must be a trustee. Resolution and in writing Section 66 explicitly states that delegations must be by way of resolution (that is, at a board meeting) and written notice to the person or persons. It also states that the
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delegate must not sub-delegate the power or function without the written consent of the board. The board is not able to delegate the general power of delegation or the power to borrow money. The delegation can be revoked at any time by resolution and written notice to the delegate(s) or by any other method provided for in the delegation. Existing committees If a board has an existing committee which has been dealing with matters such as personnel or student discipline (suspensions and expulsions, etc.) it should ensure there is a clear written delegation by way of resolution to the committee. Delegation of powers and functions can be general or specific. This would minimise the risk of any legal action being brought against the board or committee for acting without authority. Renewal of delegations There is a misconception that delegations must be renewed annually. This is incorrect as a delegation continues in force until it is revoked. This is the case even if the membership of the board changes. However, it would be good practice for a schedule of all the delegations made by the board to be tabled at the first meeting of the board each year, or following an election. This will ensure all trustees are aware of them and any changes, if felt necessary, can be discussed.
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BOARD PROCESS Policy A board’s policies are its guiding principles, its statements of intent, the rules and boundaries that provide direction for the board and principal to work within. All policies must be consistent with good practice, legislation, regulations, the school charter and relevant employment agreements. When the board is writing policy it must be vigilant not to stray into management responsibilities or tell the principal how to achieve the outcomes expected. These are generally the responsibility of the principal in their day-to-day management of the school. There is no specific number of policies that a board should or must have. It is up to each board to determine the number, which will be determined by the governance model that the board wishes to implement. For a board that is very hands-on, more policies will be required, as the board will be involved to a greater extent in the day-today running of the school. The board that is hands-off will have fewer policies, as it is setting the outcomes that it requires at a big-picture level. These boards leave the implementation and writing of procedures up to the day-to-day manager, the principal. As board policies are the board’s rules, every trustee should have a copy of them, and take them to every board meeting. If you don’t know what the rules are you can’t play the game!
Board meetings Schedule 6 of the Education Act 1989 sets out a base framework for the way a board will conduct its meetings. The framework is very general and allows the board considerable flexibility to implement its own policies and practices to ensure orderly, productive meetings. The board decides the date, time and location of meetings, and how the meetings will be structured. Most boards adopt a regular schedule of monthly to six-weekly meetings, with committees or working parties meeting when appropriate. Legislation requires a board to hold a meeting not later than three months after its previous meeting. Boards may also hold electronic meetings as long as all trustees are able to participate on line and any member of the public attend. The Crown Entities Act came into force on 25 January 2005. A consequent amendment to the Education Act 1989 (Sixth Schedule, clause 11A) as a result of this Act allows boards to hold meetings by means of “audio, audio and visual, or electronic communication, providing:
all trustees who wish to participate in the meeting have access to the necessary technology a quorum of members can simultaneously communicate with each other throughout the meeting. As board meetings are held in public the board will need to ensure community members can access the meetings to observe/listen. The amendment also allows boards to pass resolutions by post, delivery, or electronic communication. Resolutions passed in this way must be unanimous.
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Notice of meetings The Local Government Official Information and Meetings Act 1987 (LGOIMA) sets out the current requirements for public notification of board meetings. A notice stating the date, time and location of the meeting should be sent to all board members, and be available publicly. It should be sent with the agenda and other board papers to all trustees and made available to the public at the school office two clear working days before the meeting. These publicly available papers should not include any documents that are going to be, or are likely to be, considered while the public is excluded from the meeting. Anyone can take notes from or ask for copies of the agenda or reports, and they should be given such copies as soon as practicable. This also applies to the minutes of the meeting after they have been written up, even before the minutes are confirmed as a true record of the meeting. Copies of unconfirmed minutes should be clearly marked as “draft”, “unconfirmed” or “subject to confirmation”. For more detailed information about this, contact the NZSTA trusteeship helpdesk.
Meeting structure The structure of board meetings is entirely up to each board to determine, but boards need to be mindful that the meeting is a time for the board to monitor results and make strategic decisions about achieving the vision and charter strategic aims for the school. For a meeting agenda example and meeting procedure policy please see The Board Policy Framework document on NZSTA website at http://www.nzsta.org.nz/board-asgovenors/what-is-governance-/.
Board decision making All matters to be decided by the board will be decided by way of a vote. This is usually done on “the voices”. However, if that is challenged, the chair will call for a show of hands. Under some circumstances, such as a where a decision involves contentious issues and strong personalities, it may be appropriate to hold a secret ballot so that trustees may vote freely. On all matters dealing with the decision-making process, boards will have their own rules of order. This order should be standardised and followed at each meeting. At all meetings applying common sense and courtesy is a good rule of thumb. The following guidelines apply in most common situations.
A board’s primary means of making decisions is through motions, which are moved, seconded, debated, and put to the vote. The chair or members may ask the mover to write down the motion before it is acted upon. The chair may assist the mover with wording for clarity. Each motion deals with only one matter or issue. Debate must be limited to the issue at hand. Speakers who stray from the issue or attempt to introduce new matters should be ruled out of order. Each trustee should be allowed to speak once on a subject under debate. The chair may refuse to allow a trustee to speak again until everyone has had a chance to speak. A member may raise a point of order at any time. After the point has been stated, the chair issues a ruling. The chair’s ruling is final unless challenged at the time (the common law position is that the meeting can disagree with the chair).
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Only one motion at a time will be considered by the board. That motion may be amended. Votes on amendments must be taken before the motion is further considered. If the amendment is agreed to, it becomes part of the motion. Further amendments may be made to the motion but only one at a time can be proposed, discussed, and decided on. After a motion has been passed or rejected, no further discussion on the same issue should be allowed at the same meeting, other than a motion to reconsider.
Voting The following rules apply to the voting procedure.
Voting to decide a motion requires a simple majority. A trustee can request that their vote be recorded. The chair has a vote on every matter, and where a vote is tied they have a casting vote. It is a convention, and only a convention, that a casting vote is used to maintain the status quo, because there is no clear indication that the majority of the board want a change. Procedural motions to terminate or adjourn debates take precedence over all other business and, if seconded, are put to the vote immediately without discussion or debate. Proxy or absentee votes are not permitted. A trustee must be present at the meeting to exercise their vote. A trustee may abstain from voting. An abstention is counted as an absence of a vote; so that if, for example, the vote is two in favour, one against, with four abstentions, the motion is carried. However, in a case such as this, where a significant number of trustees abstain, it may be an indicator to the meeting that the issue under consideration needs further investigation, so that the board as a whole can feel confident in its decision.
Attendance fees Most boards follow the generally accepted guidelines for payments for attendance at board meetings, with trustees paid $55 a meeting and the chair $75. The IRD has provided for this payment to be tax-free to a level of $605 per annum for members and $825 per annum for the chair, in recognition that these fees cover the expense of attending meetings. Boards have the right to decide how much their members are paid. The principal, as a member of the board, is entitled to the same payment as all other trustees except the chairperson.
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MANAGING RELATIONSHIPS Managing board relationships Trustees’ code of behaviour It is strongly recommended that there be a code of ethical behaviour adopted by boards. See example in The Board’s Policy Framework document on the NZSTA website at http://www.nzsta.org.nz/board-as-govenors/what-is-governance-/. Good practice would suggest that during the new trustee induction process, the code of behaviour is explained fully and new trustees sign agreements to work within the code. Code of behaviour for the principal and employees This should be dealt with through the code of conduct developed for all staff (see Section B: Human Resources).
Managing conflict in board relationships Conflict is a natural by-product of people working together but can lead to bad feeling before anything is done about it. By this stage, a great deal of time, effort and, in some cases, money is needed to resolve the conflict and heal the wounds. There is a growing, and healthy, tendency to bring a third party in to help mediate or arbitrate a solution when boards and principals disagree. Often, however, this is left too late to prevent lasting damage to the working relationships.
Dealing with complaints: how effective is your process? No board likes to receive a complaint from a member or members of the school community; however, it is important that clear processes exist in case a complaint is made. All members of the school community should know that there is a complaints policy and procedure – in fact, it is probably worthwhile to include a copy of the parent complaint process with enrolment information, and attach it to a school newsletter early in the year as a reminder. More information on managing conflict and a sample of the two stages of a complaints process, can be found at - http://www.nzsta.org.nz/board-as-govenors/conflict-andcomplaints/
Managing community relationships Overview The importance of the partnership between a school and its community cannot be stressed enough. Trustees should encourage parental involvement in the school system whenever and wherever possible. Trustees represent the community and can benefit from the input of parents. Involving parents with particular skills or interests can be of benefit when writing policy and it is a good way of sharing the workload.
The relationship between the board and parent groups There are no official guidelines concerning the relationship between a board of trustees and any parent group in the school, often called a PTA, Home and School, or Friends of the School (referred to in this section as PTAs for simplicity). However, there are a few simple principles to keep in mind. This list is indicative rather than exhaustive:
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The board of trustees and PTAs are separate organisations and are autonomous, although there may be personnel overlaps. Boards govern schools, but PTAs are often useful mechanisms for such undertakings as community forums. The main purpose of PTAs usually focuses on fund-raising, but if the relationship is positive much can be achieved in other areas. All money raised by a PTA belongs to the PTA, is held in its own bank account and is not controlled by the board of trustees. No money raised and held by the PTA is subject to audit along with board of trustees’ money. Any funds raised by the PTA become board of trustees’ money only when it is given to the board of trustees. Any money given should be as an unconditional gift to avoid GST implications. Negotiations should take place about what the money will be spent on before any money is “unconditionally gifted” to the board of trustees. PTA personnel have no more rights than other members of the public when they attend board of trustees meetings. Most board of trustees members have the same rights as anyone else when attending PTA meetings, if they are either parents or staff. PTAs have no right to spend their funds on, say, an adventure playground, when the board of trustees wishes to commit all available money to improving the library resources. PTAs must obtain the permission of the board of trustees to use school buildings and/or grounds for their activities PTAs must obtain the permission of the board of trustees to use the school name in any event they organise, be it a fundraising event or not. Boards of trustees and PTAs should always try to live in harmony for the good of the education of the students.
Community consultation Some boards have addressed the issue of community consultation by writing a specific policy and setting up a committee responsible for all related issues. Questions that a board may need to consider in relation to community consultation are: What is consultation? What activities are covered under that umbrella? Who makes up the community? Community consultation needs to be worked at and actively pursued, ensuring that a range of different styles and opportunities are used. There is no right answer. Boards will come up with a process that works.
Some examples of consultation Consultation can be as widespread or limited as a board wants it to be. Some examples of providing information and consultation are:
board newsletters to the community after board meetings school newsletters from the principal report evenings for parents students’ work displayed in the community
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parent information meetings sending surveys home or utilising on line survey eg, Survey Monkey sending policies home for feedback community open forums at the beginning of a board meeting
It is important that the board reviews its processes on a regular basis, and uses information received from parents to help in the decision making process. Parents have already given their trust and support to the board by electing parent representatives, but consultation demonstrates that the board is willing to listen. Boards can improve community relationships by creating a policy framework that ensures an atmosphere of openness, cooperation, and support, and that sets helpful and clear boundaries.
Managing media relationships Boards of trustees can benefit from their community and the general public gaining an understanding of the way they operate. A board may find the following useful to consider: Role of the board The Local Government Official Information and Meetings Act 1987 requires that board meetings are held in public, and that members of the community, including the media, have access to agendas, minutes, and associated reports. Some boards have found that having written media guidelines gives them greater control in situations involving media. They are better able to respond quickly to bad news, to manage controversial issues, and to communicate good news. Guidelines that encourage factual, accurate and timely communications promote confidence in the integrity of the board as a whole. Listed below are some basic media relations principles: Designate a spokesperson Ongoing media relationships are a two-way street. Designate a media contact to act as spokesperson on behalf of the board. It is usual for the chair to act as spokesperson, but the task may be delegated to another trustee or delegate, eg, NZSTA industrial adviser. The spokesperson must be able to confidently present the board’s position. Speak as a board If a board’s collective aim is to promote public understanding of an issue, it is important that individual trustees support the democratic process of decision making. During board meetings some controversy and disagreement is almost inevitable. Once a vote is taken, then trustees are collectively responsible for the board’s decision and must abide by it and support it. Plan for crisis situations Expect the unexpected. Never ignore an emerging issue that may gain momentum, and anticipate risks. If the news is going to get out anyway, give consideration to taking the initiative and notifying the media. If a situation develops, select a spokesperson and prepare a position. Don’t hedge. Emphasise the positive action the board is taking. Be aware of the requirements of the Privacy Act 1993 and requirements of board confidentiality.
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Media tips The following are suggestions for good media relations.
Provide accurate information. Clearly differentiate between a personal position and the board’s position. Focus on key points. Provide cooperative, accurate and available sources. Admit errors. It is better to admit to making an error in judgment than having a journalist uncover it. Respect confidentiality. Trustees are bound by the requirements of the Local Government Official Information and Meetings Act 1987 and the Privacy Act 1993. Matters raised while the public is excluded must remain confidential. If asked about a confidential issue, refer the matter to the chair. Try to prepare for difficult and challenging questions by checking facts and figures. Keep your answers brief.
Remember, no conversation with a journalist is “off the record”.
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BECOMING A TRUSTEE School-based trustees School-based trustees are the principal, a staff representative and, in secondary and area schools, a student representative. The principal is a trustee as a consequence of the position they hold in the school. Therefore, where another staff member is acting principal for a significant length of time (for example, when a principal is on sick leave), the principal’s vote and role on the board will be filled by the acting principal. The staff trustee is elected by the school staff at the time of the parent trustee elections in election year and holds the position until the following election. For a number of reasons, for example if he or she gains a new position at another school, the staff trustee may resign earlier. The by-election process is described in the current Returning Officers’ Handbook which can be found at http://www.nzsta.org.nz/trustee-elections/returning-officers/rohandbook/. The boards of all schools that have classes above year 9 must include a student trustee. The student trustee is elected annually in September for one year. All students (other than adult students who may participate only in the parent election) enrolled fulltime in year 9 or above at the school concerned, including any activity centre attached to that school for administrative purposes, are eligible to be placed on the electoral roll and to vote and stand in the school election for student representatives. If students in their last year of school express an interest in standing as a candidate for election, they should be reminded that the term of office will extend through until the September after they have left school and that the position would become vacant when they leave school, necessitating a by-election. The election timeline is the same as for the parent and staff elections. A web page has been established for student trustees (go to http://www.nzsta.org.nz/trustee-elections/becoming-a-trustee/student-trustees/).
Appointed proprietors’ representatives Integrated schools are usually those that started out as private schools but have integrated into the state system. The proprietors retain ownership of the land and buildings and each school retains its special character, such as religion. In each case the proprietor is entitled to appoint up to four representatives to the board, whose role is to represent the interests of the proprietor and safeguard the special character of the school.
Trustees appointed by other organisations Occasionally a board may also give permission to a recognised body corporate to appoint one or more members to the board. A body corporate must be a legally recognised entity, such as an incorporated society, as opposed to an informal network. For example, a marae might be registered as a trust and is therefore able to be recognised and to appoint, whereas a school’s whanau group is unlikely to have this status. A representative from a group that does not fulfil the criteria of being a body corporate may be co-opted on to the board.
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Co-opted trustees The board may also choose to co-opt members for a particular reason. Co-opted trustees are full members of the board, and should be used for the following:
to ensure gender or ethnic balance for a specific skill or expertise the character of the school and its community
Co-opted trustees are usually co-opted for a specified time and/or purpose. These times or purposes have to be stated at the time of co-option, otherwise the person remains on the board for three years from the date of co-option.
Procedure If the board decides to hold a by-election, it must appoint a returning officer and set the election date. The returning officer must follow the timeline for the election of parent representatives as set out in the Returning Officers’ Handbook. If within 8 weeks (56 days) of the vacancy occurring a board has decided to fill it by selecting someone, the following procedure applies (see section 105 of the Education Act 1989 and the flow chart below).
Within 14 days of making the decision to select someone, the board must publish, in a newspaper circulating in the area of the school, a notice about the vacancy and the resolution to fill it by selection. A suggested wording for the notice can be found at the end of this section. If, 28 days after the notice is published, fewer than 10 percent of eligible voters have asked the board to hold a by-election; the board may then fill the position by selection. This selection must be made not later than 140 days after the vacancy occurred. If 10 percent or more of the eligible voters ask that a by-election be held, the board must, within 98 days of the vacancy occurring, decide a date for the by-election. The by-election would need to be held within 140 days of the vacancy occurring. In this case a returning officer must be appointed.
Wording for the advertisement [name of school] BOARD OF TRUSTEES CASUAL VACANCY A casual vacancy has occurred on the board of trustees for an elected parent representative. The board has resolved under section 105 of the Education Act 1989 to fill the vacancy by selection. If 10 percent or more of the eligible voters on the school roll ask the board, within 28 days of this notice being published, to hold a by-election to fill the vacancy, then a by-election will be held. Any eligible voter who wishes to ask the board to hold a byelection should write to: Chairperson Board of Trustees School Address by:[relevant date] __________________
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Education Act 1989, section 105 – Filling casual vacancies Casual vacancy (s104) of elected trustee occurs e.g. someone resigns.
Within 8 weeks, board decides how to fill vacancy.
Board resolves to fill vacancy by selection.
Board resolves to fill vacancy by holding a by-election.
Note: You can use this option only if you will still have more elected parent reps than those not elected (i.e. those selected). Set date of election: either 15th Friday after vacancy occurred or earlier date. (Board must set this date at least 6 weeks out from the election.) Within 14 days of resolution, board gives notice in newspaper of decision. (See www.nzsta.org.nz “Casual Vacancies”, or call 0800 782 435.)
If written requests to fill vacancy by election are received from at least 10% of eligible voters within 28 days of the first official publication of notice, board must hold a by-election.
If fewer than 10% of voters have called for an election, the board must select a trustee within 6 weeks of the end of the 28-day notification period.
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Board appoints returning officer to run the by-election.
Set date for election: either 10th Friday after the end of the 28-day notification period or earlier date. (Board must set this at least 6 weeks out from the election.)
Board notifies Ministry of new member using Appendix F form from www.nzsta.org.nz
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Trustee Induction A good induction programme is the best way to help a new trustee settle onto the board and become effective quickly. Developing an induction programme is critical to a board’s success with making a positive first impression. The table below sets out some ideas that you might like to try for your board’s induction programme. Also consider: Spending time at your board meetings going over the governance manual so all trustees take ownership of the board and its activities. If the board is made up of completely new trustees consider co-opting experienced past trustees for 3 months to assist in the transition Arrange mentoring between experienced trustees and new trustees For more detailed information about Induction see “A Board’s Guide to Effective Succession Planning” from the NZSTA website. This booklet contains relevant and practical advice for the board.
Activity
Outcome Expected
Ensure letter of congratulations has been sent with invitation to pre-meeting.
Send trustee folders.
Hold pre-meeting induction. Use trustee folder as the resource for this.
Trustees taken on tour of the school.
Encourage board members to attend external new trustee training.
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New trustees feel included and welcomed to the board. Trustees know what the next steps are. Trustees know what is expected of them. Trustees will have all the information they require in order to fulfill their role. Trustees can attend the pre-meeting and ask any questions. Trustees get to know one another and the skills and experiences that each member brings to the board. Trustees get an opportunity to assess each person’s strengths and weaknesses before electing a new chair. Trustees understand the requirements of the board chair role before electing the new chair. Trustees understand the Charter. Fully informed trustees who understand the workings of the board. Trustees sign and agree to work within the Code of Conduct. Trustees are up to date with opportunities and risks facing the board. Trustees networking with other trustees. Opportunity to look at what we can and cannot do within the governance framework. Opportunity to compare our board’s governance framework with others.
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THE OVERARCHING LEGISLATIVE FRAMEWORK National Education Guidelines The National Education Guidelines are made up of five parts:
the National Education Goals (NEGS) – statements of desirable achievement by the school system foundation curriculum policy statements national curriculum statements – statements of areas and levels of knowledge and skills to be achieved by students national standards National Administration Guidelines (NAGS) – statements of desirable codes or principles of conduct or administration
National Education Guidelines
National Education Goals
Foundation Curriculum Policy Statements
National Curriculum Statements
National Standards
National Administration Guidelines
The Charter
National Education Goals Education is at the core of our nation’s effort to achieve economic and social progress. In recognition of the fundamental importance of education, the government sets the following goals for the education system of New Zealand. 1. The highest standards of achievement, through programmes which enable all students to realise their full potential as individuals, and to develop the values needed to become full members of New Zealand’s society. 2. Equality of educational opportunity for all New Zealanders, by identifying and removing barriers to achievement. 3. Development of the knowledge, understanding and skills needed by New Zealanders to compete successfully in the modern, ever-changing world. 4. A sound foundation in the early years for future learning and achievement through programmes which include support for parents in their vital role as their students’ first teachers. 5. A broad education through a balanced curriculum covering essential learning areas. Priority should be given to the development of high levels of competence (knowledge and skills) in literacy and numeracy, science and technology and physical activity.
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6. Excellence achieved through the establishment of clear learning objectives, monitoring student performance against those objectives, and planning programmes to meet individual need. 7. Success in their learning for those with special needs by ensuring that they are identified and receive appropriate support. 8. Access for students to a nationally and internationally recognised qualifications system to encourage a high level of participation in post-school education in New Zealand. 9. Increased participation and success by Māori through the advancement of Māori educational initiatives, including education in Te Reo Māori, consistent with the principles of the Treaty of Waitangi. 10. Respect for the diverse ethnic and cultural heritage of New Zealand people, with acknowledgment of the unique place of Māori, and New Zealand’s role in the Pacific and as a member of the international community of nations. Through schools’ charters, boards make a commitment to work towards these goals and will be measured against them.
The New Zealand Curriculum The revised curriculum was launched on 6 November 2007 and took effect in the 2010 school year. Its principle function is to set the direction for student learning and to provide guidance for schools as they design and review their curriculum. The New Zealand Curriculum can be accessed on http://nzcurriculum.tki.org.nz.
National Administration Guidelines In order to ensure that the National Education Goals are met, boards of trustees and principals, respectively, are required to follow sound governance and management practices involving curriculum, employment, financial and property matters applying to schools. Further details of these requirements are found in the relevant legislation, appropriate employment agreements and, from time to time, guidelines promulgated by the Secretary for Education. These guidelines are specifically for boards of trustees and list requirements that will enable boards to follow sound governance and management practices to ensure that the National Education Goals are met. These guidelines cover six areas of school operations:
NAG 1: Curriculum requirements and student achievement NAG 2: Documentation and self-review NAG 2a National Standards NAG 3: Employer responsibilities NAG 4: Financial and property management NAG 5: Health and safety NAG 6: Administration
Although these guidelines are specifically addressed to boards, it is with the involvement of principals, senior management, and staff that they will be met. The six guidelines are outlined below.
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NAG 1: Curriculum requirements and student achievement Each board of trustees is required to foster student achievement by providing teaching and learning programmes which incorporate the New Zealand curriculum (essential learning areas, essential skills, and attitudes and values) as expressed in National Curriculum Statements. Each board, through the principal and staff, is required to: 1. develop and implement teaching and learning programmes to: provide all students in years 1-10 with opportunities to achieve for success in all the essential learning and skill areas of the New Zealand curriculum give priority to student achievement in literacy and numeracy, especially in years 1-4 give priority to regular quality physical activity that develops movement skills for all students, especially in years 1-6 2. gather, through a range of assessment practices, information that is sufficiently comprehensive to enable the progress and achievement of students to be evaluated, giving priority to: first, student achievement in literacy and numeracy, especially in years 1-4; then, breadth and depth of learning related to the needs, abilities, and interests of students, the nature of the school’s curriculum, and the scope of the New Zealand curriculum (as expressed in the National Curriculum Statements) 3. identify, on the basis of good quality assessment information: students and groups of students who: - are not achieving; - are at risk of not achieving; - have special needs (including gifted and talented students); and aspects of the curriculum which require particular attention; 4. develop and implement teaching and learning strategies to address the needs of students and aspects of the curriculum identified in 3. above 5. in consultation with the school’s Māori community, develop and make known to the school’s community policies, plans, and targets for improving the achievement of Māori students 6. provide appropriate career education and guidance for all students in year 7 and above, with a particular emphasis on specific career guidance for those students who have been identified by the school as being at risk of leaving school unprepared for the transition to the workplace or further education/training NAG 2: Documentation and self-review Each board of trustees, with the principal and teaching staff, is required to:
develop a strategic plan which documents how they are giving effect to the National Education Guidelines through their policies, plans, and programmes, including those for curriculum, assessment, and staff professional development maintain an ongoing programme of self-review in relation to the above policies, plans, and programmes, including evaluation of information on student achievement report to students and their parents on the achievement of individual students, and to the school’s community on the achievement of students as a whole and of groups (identified through NAG 1(3). above) including the achievement of Māori students against the plans and targets referred to in NAG 1(5) above
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NAG 2a: National Standards Where a school has students enrolled in years 1-8, the board of trustees, with the principal and teaching staff, is required to use National Standards to: a) report to students and their parents on the student’s progress and achievement in relation to National Standards. Reporting to parents in plain language in writing must be at least twice a year; b) report school-level data in the board’s annual report on National Standards under three headings: i. school strengths and identified areas for improvement; ii. the basis for identifying areas for improvement; and iii. planned actions for lifting achievement. c) report in the board’s annual report on: i. the numbers and proportions of students at, above, below or well below the standards, including by Māori, Pasifika and by gender (where this does not breach an individual’s privacy); and ii. how students are progressing against the standards as well as how they are achieving. These requirements did not apply to boards of trustees that are working towards implementing Te Marautanga o Aotearoa until 2 February 2011. For the avoidance of doubt, the first annual report to which subclauses (b) and (c) apply is that which reports on the 2011 school year, except for boards of trustees that are working towards implementing Te Marautanga o Aotearoa when the relevant report is that which reports on the 2012 school year. NAG 3: Employer responsibilities According to the legislation on employment and personnel matters, each board of trustees is required in particular to:
develop and implement personnel and industrial policies, within policy and procedural frameworks set by the government from time to time, which promote high levels of staff performance, use educational resources effectively, and recognise the needs of students be a good employer as defined in the State Sector Act 1988 and comply with the conditions contained in employment agreements applying to teaching and nonteaching staff
NAG 4: Financial and property management According to legislation on financial and property matters, each board of trustees is also required in particular to:
allocate funds to reflect the school’s priorities as stated in the school charter monitor and control school expenditure, and ensure that annual accounts are prepared and audited as required by the Public Finance Act 1989 and the Education Act 1989 comply with the negotiated conditions of any current asset management agreement, and implement a maintenance programme to ensure that the school’s buildings and facilities provide a safe, healthy learning environment for students
NAG 5: Health and safety Each board of trustees is also required to:
provide a safe physical and emotional environment for students
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promote healthy food and nutrition for all students comply in full with any legislation currently in force or that may be developed to ensure the safety of students and employees
NAG 6: Administration Each board of trustees is also expected to comply with all general legislation concerning requirements such as attendance, the length of the school day, and the length of the school year.
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THE WORK OF THE BOARD The school charter A charter is an undertaking by the board of trustees to the Minister of Education that they will take all reasonable steps to ensure that the school will be managed, organised, conducted and administered for the purposes set out in the charter and that the school, and its students and community, achieve the aims and objectives that have been set out.
The charter is the key guiding document for the board.
What is the purpose of the charter? The purpose of a school charter is to establish the mission, aims, objectives, directions and targets of the board that will give effect to the government’s national education guidelines and the board’s priorities and provide a base against which the board’s actual performance can be later assessed.
Each state and integrated school board of trustees must have an approved written charter of aims and objectives.
Sections 61, 62, and 63, 63A and 63B of the Education Act 1989 (see Legislative section of Handbook) contain the legislative requirements that must be adhered to when developing or amending a school charter. The charter is a reference for all board activity and may be used by the Office of the Auditor-General and the Education Review Office as part of the obligations on which a school is reviewed.
What must a charter contain? Long-term and annually updated sections outlining the school’s priorities for improvement.
More information on what the charter must contain, go to http://www.minedu.govt.nz/Boards/SchoolPlanningAndReporting/Planning/CharterChec klist.aspx. See also the diagram over the page.
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Reviewing the charter A board needs to develop an ongoing timetable of review which will regularly report on key indicators to ensure that progress towards reaching strategic aims is continually being made. This review programme will allow the board to:
celebrate achievement and set new aims and targets identify areas of weakness and take strategic action
When reviewing their charter a board must ensure that it is updated in accordance with the National Administration Guidelines. Boards must lead the charter redevelopment process and ensure that their community plays a part in this process. Principals and staff move on, but this should not change the direction that the school is taking. Whilst the aim and actions that a school makes may change over time, a change in personnel should not in itself alter the direction that the community has set. The process looks like this:
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What happens after we have approved our charter? The board is required to send two copies of its new or amended charter to the local Ministry regional office, along with confirmation that the board has approved the charter. The legislation then sets out what the process is when the Secretary for Education receives the charter. 1. When the Secretary receives a school charter or updated school charter, the Secretary must consider whether the charter has been developed or updated in accordance with the requirements of this Act and the national administration guidelines. 2. Unless it takes effect on a different date under subsection (5), a new or updated school charter takes effect on the 25th working day after the date that the Secretary receives it. 3. If, before the first or updated school charter takes effect, the Secretary determines that it was not developed or updated in accordance with the Act or is inconsistent with the Act or the national administration guidelines, the Secretary must notify the board of the matters in the school charter to be resolved. 4. The Secretary must then negotiate with the board to resolve the matters concerned and, if the board and the Secretary are unable to reach agreement about the content of the school charter or updated school charter, the Secretary may require the board to amend the charter or updated charter. 5. If the Secretary issues a notice under subsection (3), the school charter or updated charter takes effect (a) on the date agreed by the Secretary and the board; or (b) on the date the Secretary determines to be the commencement date for his or her amendments. (Section 63A Education Act 1989) Once a school charter or updated school charter takes effect, the board must make copies of the charter available (Section 63B).
Boards and the Treaty of Waitangi/Te Tiriti o Waitangi The fabric and spirit of Treaty requirements are woven into the Education Act 1989 and the National Education Guidelines. This places certain obligations on the board to respond to Treaty issues. In the main this is dealt with through the requirement in the school charter of developing, for the school, policies and practices that reflect New Zealand’s cultural diversity and the unique position of the Māori culture; and aiming to ensure that all reasonable steps are taken to provide instruction in tikanga Māori (Māori culture) and te reo Māori (the Māori language) for full-time students whose parents ask for it Boards give practical effect to the Treaty as it implements government’s national education goals. Curriculum implementation and Treaty obligations Charter obligations will have been developed in consultation with the iwi of the school. Changes to the charter require further consultation. Boards should:
ensure effective delivery of the curriculum to Māori students look to their composition to ensure that the view of Māori is represented keep up an ongoing liaison with local Māori community through such mechanisms as whanau groups
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support Māori representatives to encourage Māori groups within the community to consider school issues develop curriculum protocols/kawa to fulfil the requirements of goal 9 of the NEGs seek appropriate help and training if they are uncertain how to proceed
Employer role The board of trustees is the legal employer of staff at the school and must ensure they have in place policies, plans, and programmes to meet all the requirements relating to this employer role. Boards, as employers, are responsible for a range of decisions and tasks that arise during the course of the employment relationship. See the Human Resources section for more information on this. Under section 65 of the Education Act, boards have the power to appoint, suspend, and dismiss staff in accordance with the State Sector Act 1988 and subject to the relevant employment agreement and law. The employer role requires the board to address issues such as: employment policies being a “good employer” employee development and support programmes employees’ performance the work environment equal employment opportunities prevention of harassment leave complaints/disciplinary action/competency procedures personal grievances organisational change and surplus staffing industrial action termination of employment In most cases the board will delegate the responsibility of appointing staff (except senior staff) to the principal as provided for under Section 66 of the Education Act 1989. A number of other employment functions will also likely be delegated. This delegation must be by way of resolution, recorded in writing to the person concerned, and should form part of the board’s appointment policy.
Appointment of the principal Many boards get the opportunity to appoint a new principal. This is a critical decision for a board to make and the importance of making a wise, informed decision cannot be underestimated. Boards are free to determine their own procedures, but they must:
be a “good employer” appoint the person best suited for the position advertise the position nationally if it is for more than a year act independently when making an appointment conform to relevant employment agreements
Many boards have found it useful to use the skills and expertise of outside support in this process. The NZSTA advisers are a good source of such support and NZSTA provides
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guidelines to assist you. These guidelines are available to members. Please contact your local industrial adviser or go to www.nzsta.org.nz for details.
Performance review of the principal Boards are required to review the performance of the principal annually against the agreed performance indicators in the principal’s performance agreement. NZSTA provides guidance for this process (see the HR section) and publishes guidelines. These are available to members. Please contact your local industrial adviser or go to www.nzsta.org.nz for details. Boards must have a written performance agreement and procedures to follow in the event of the board and the principal disagreeing on the appraisal results. Please see The Board Policy Framework for more information, at http://www.nzsta.org.nz/board-as-govenors/what-is-governance-/. The final decision on any disagreement rests with the board in its role as the employer. Assessment of performance is a useful method for identifying professional development needs.
Asset management The Education Act 1989 provides for boards to be fully self-managing, with full responsibility for managing the grants they receive. “…in each financial year, a board shall be paid, out of public money appropriated by Parliament for the purpose, such grants and supplementary grants, of such amounts, as the Minister determines.” Section 79 Education Act 1989 Significant resources and guidance will be found in the Ministry of Education’s “Financial Information for Schools Handbook” (FISH) and on the Auditor-Generals website www.oag.govt.nz. The board’s financial management responsibilities include:
ensuring resources are available for the effective delivery of education to students safeguarding the assets of the school to aid delivery in the future meeting legislative requirements
In order to do this, trustees: 1. plan: align financial aims with educational aims prepare budgets ensure financial policies and procedures are in place to safeguard finances 2. monitor: interpret regular reports act on the information deal with any problems 3. report: the statement of financial performance the statement of financial position the statement of movement in equity
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Note: Since May 2006, there has no longer been a requirement to hold an annual meeting. A trustee is likely to see the following financial information:
annual financial statements audit reports regular financial reports to the board annual budget – operating and capital capital works and building maintenance plans
The board must ensure that annual accounts are prepared which meet the AuditorGeneral’s requirements, and are then made available to the auditor. Boards of trustees receive funding from a number of different sources:
Ministry of Education’s operations grant locally raised funds government funding that may be provided for special purposes
In general, boards of trustees have complete discretion as to how they spend the income they receive in order to meet the obligations specified in their charters. Exceptions to this will be where the Ministry and other agencies have provided funds for specific purposes. Where a supplementary grant is paid subject to conditions that it will be used for the purposes set out in the grant a board must use it for those purposes only (Section 79(3) Education Act 1989).
Operations grant Boards receive an operations grant made up of, but not limited to:
a lump sum based on the school’s type and size an amount per student determined on the year level funding for running costs and property maintenance equity funding, including a Māori language factor and special needs factor, which is determined by the decile ranking of a school funding for relieving teacher.
The grant is designed to cover:
all maintenance which can be expected to occur within a 10-year cycle, such as internal and external painting, repairs to property etc
board of trustees expenses (for example, boards’ professional development) principal appraisal
staff professional development
library resources
curriculum resources
other consumables
payment of all non-teaching staff costs
fixed costs (for example, heat, light, local body charges etc)
audit fees
communications
The operations grant is paid four times a year, with the final instalment reflecting any changes to the roll, either up or down.
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It is important that a board predicts, as much as possible, the implications of roll decreases or increases on the final operating grant instalment before a budget is set. It is very difficult to attempt to trim budgets in October to meet a fall in expected funding.
Money from other sources Locally raised funds Boards may also receive money from a wide range of other sources, such as:
overseas students
donations
interest
fundraising
voluntary contributions
bequests
grants
discretionary funds
Boards may have access to other pools of Ministry of Education funding if they meet certain criteria; for example:
boards with an approved special education programme receive an additional entitlement boards in lower socio-economic areas may have access to funding under “Targeted funding for educational achievement” boards of secondary schools may be eligible for Secondary Tertiary Alignment Resources (STAR) funding
Boards use a variety of strategies to collect the data needed to meet their fiscal responsibilities; for example, finance committee, portfolio holder, bursar, external financial organisation. No matter what mechanism is used, it is important to note that all trustees are responsible for prudent financial management of school finances. For more information, see the Finance section of this handbook and the Ministry of Education, “Funding, Staffing and Allowances Handbook”, (http://www.minedu.govt.nz/NZEducation/EducationPolicies/Schools/SchoolOperations/Re sourcing/ResourcingHandbook.aspx).
Property The value of a school’s land and buildings is typically around three times the value of all the school’s other expenditure (including salaries) put together. Making sure the school is a safe and attractive place for students and staff to work in and protecting the community’s investment in the land and buildings is a large and often complex part of the board’s responsibilities. The board’s role is governance. This means that it is the board’s role to ensure that there are policies, plans and procedures in place to make sure the work is done. In order for boards to free their time to focus on student achievement rather than property issues, it is important for boards to know that these policies, plans and procedures work smoothly and provide information quickly and accurately when needed. It is the responsibility of the principal to see that the day-to-day tasks are carried out in accordance with the policies, plans and procedures the board has established. All large projects must be managed by a qualified project manager (PM) who reports to the board. The relationship between the Ministry of Education and the board of trustees is one of landlord (Ministry) and tenant (board of trustees). The legal document that sets out the respective responsibilities of the Ministry of Education and the board under this relationship is called the property occupancy document (POD).
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Because maintaining and developing the school grounds and buildings needs substantial amounts of money to be available at specific times, each board must lodge a 10-year property plan (10YP) with the Ministry. This identifies the capital and maintenance work to be done at the school over the next decade. This is reviewed and updated every three years or sooner if the board’s expectations change. Funding for the board’s property needs is allocated on the basis of a 5-year property agreement (5YA) between the Ministry and the board which is based on the 10YP. In integrated schools the proprietors may retain ownership of property. The property obligations of the proprietor and the crown are set out in the Private Schools Conditional Integration Act 1975 and the integration agreement. Detailed legal obligations are also contained in the property maintenance schedule (PMS) which, along with its commentary, is annexed to the school charter of every integrated school. Boards of trustees of state schools and the Ministry are responsible for effective property management focusing on the physical environment, the buildings and the grounds. In certain circumstances the board will also own property or in the case of some schools (such as integrated schools) some of the property may be controlled by another agency or trust. The Ministry allocates funds for all property-related work. Maintaining existing school property and minor capital works (such as painting, or fixing drains) are covered by the maintenance funding, which is part of the school’s operational funding. Capital work, which is work to upgrade property to a higher standard, is funded directly by the Ministry. There is a lot of material available to assist boards with this area. Most useful is the “Property Management Handbook”, published by the Ministry, and accessible on their website: www.minedu.govt.nz. See also the Property section of this handbook.
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SPECIAL EDUCATION What is special education? Special education is the provision of extra help, adapted programmes, learning environments, or specialised equipment or materials to support children and young people with their learning and help them participate in education. Many children and young people have special education needs. This can include learners with learning difficulties, communication, emotional or behaviour difficulties, or intellectual, sensory or physical impairments. A range of support is available to schools to ensure children and young people access the curriculum and take part in education. For example, all schools receive a grant called the special education grant (SEG) and state and state-integrated schools can access schoolbased resource teachers called resource teachers: learning and behaviour (RTLB). Schools can also support students, with high or very high needs, or hearing or vision impairments by working with specialists.
Special education policy The Ministry of Education has implemented the Special Education 2000 (SE 2000) policy. The policy aims are to:
improve educational opportunities and outcomes for students with special education needs in the early childhood and school sectors ensure there is a clear, consistent and predictable resourcing framework for special education provide equitable resourcing for those with similar needs irrespective of the education setting or geographical location assist in enabling early childhood services and schools to take ownership in meeting the full range of students’ needs
The role of boards of trustees in special education Boards of trustees are obliged under the terms of their charters to cater for all students, including those requiring additional assistance. If a school has students with special needs, the board of trustees will need to address the needs of these students. Areas to be considered include staff development in the area of individual education programmes (IEPs), building implications, if any, and budgetary requirements. The Group Special Education (GSE) is available to assist boards with these decisions. In addition, voluntary organisations such as IHC and CCS Disability Action can provide advice to boards on the facilities which may be required.
How does a student gain access to special education? The Ministry of Education provides funding for individual students who have “high” or “very high” special education needs through the Ongoing Resourcing Scheme (ORS). The funding is either held by the GSE, by a cluster of boards, or an individual board with 20 or more ORS students (the fundholder). In addition to the above funding, all boards receive a special education grant (SEG) as part of the operations grant. This funding is intended to be used to provide additional assistance and resources for special educational needs for students who are not in the ORS category.
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Schools have application forms for the ORS. Once completed by parents or caregivers, with the assistance of the principal, the forms go to a panel of experienced special education verifiers. The verifiers work on contract to the Ministry of Education and decide whether the student is eligible for the scheme. If the student is eligible, the funding is provided to the fundholder. Alongside the work of the Ministry the ACC also provides to school students who, as a result of an accident, have cover under ACC legislation and have special education needs. The ACC is responsible for funding:
paraprofessional support
specialist services which are not available from within SE 2000 initiatives
additional specialist services and transport assistance where support from SE 2000 is not sufficient to enable ACC to meet its legislative responsibilities to claimants
The role of the Group Special Education (GSE) The GSE is part of the Ministry of Education offering a New Zealand-wide service of advice, guidance and specialist support for the benefit of people with special educational and developmental needs. This includes people with physical, intellectual, sensory and other disabilities. Services provided include:
educational and developmental assessment and programming assistance for individuals, families, and schools specialist educational therapies and teaching training for people working with those who have disabilities placement assistance for schools, families and communities early intervention teaching and advisory services specialist liaison services between schools and families advice to government and non-government agencies on special education policy and practices
Staff of GSE include advisers on deaf students, early intervention teachers and advisers, visiting teachers, speech language therapists, kaiawhina, support workers/teacher-aides, special needs advisers and psychologists.
Options for students with special needs Students with special needs may enrol in a regular class in a regular school. Students (and/or their parents and teachers) have access to advice, guidance, and support from GSE. Students may also have access to teacher aide hours, equipment funding, transport assistance, boarding bursaries, relocation allowances and specialist teachers. Students with special needs may apply for placement on the roll of a special education school, class, or teacher.
Discretionary resources for support Resources and services are provided based on the individual needs of the student by developing an IEP for each learner which establishes what those needs are. The plan identifies what an individual learner needs to make progress in learning, and what resources and services are required over time. Parental involvement is important for the success of an IEP.
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STUDENT STAND-DOWNS, SUSPENSIONS, EXCLUSIONS, AND EXPULSIONS This information should be read in conjunction with the guidelines and good practice document on stand-downs and suspensions that all boards received from the Ministry in 2009. They contain those aspects of the stand-down and suspension process that the board of trustees is responsible for and provide ideas about current and future school practice. They contain both the regulatory requirements and guidance for setting up and running a suspension meeting. The guidelines and other information can be found on the Ministry’s website at www.minedu.govt.nz – search for “Guidelines on stand-downs”. It is also essential to read:
sections 13–18 of the Education Act 1989 Education (Stand-down, Suspension, Exclusion, and Expulsion) Rules 1999.
Definitions Stand-down means the formal removal of a student from school for a specified period. Stand-downs of a particular student can total no more than five school days in a term or ten school days in a year. Suspension means the formal removal of a student from school until the board of trustees decides the outcome at a suspension meeting. The principal of the school (or a person with the delegated authority of the board of trustees to act as principal) is the only person who can make the decision to stand-down or suspend a student from the school (Section 14(1)). The board of trustees is required to hold a meeting of the board to decide the outcome of a suspension. Following a suspension, the board may decide to: lift the suspension without conditions lift the suspension with reasonable conditions extend the suspension with reasonable conditions for a reasonable period; or exclude or expel the student Exclusion means the formal removal of a student aged under 16 from the school, with the requirement that the student enrol elsewhere. Expulsion means the formal removal of a student aged 16 or over from the school. If the student wishes to continue schooling, they may enrol elsewhere. Exclusion and expulsion are for the most serious cases only. “Gross misconduct must be striking and reprehensible to a high degree and sufficient to justify removal.” (M and R v S and Board of Trustees Palmerston North Boys’ High School (1990) HC: Palmerston North, CP: 302 and 305 5/12/90, McGechan, J, pages 19, 28, 45 and 58).
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Purpose of the Act The legislation sets this out clearly: The purpose of the provisions of this Act concerning the standing-down, suspension, exclusion, or expulsion of a student from a State school is to (a) provide a range of responses for cases of varying degrees of seriousness; and (b) minimise the disruption to a student’s attendance at school and facilitate the return of the student to school when that is appropriate; and (c) ensure that individual cases are dealt with in accordance with the principles of natural justice. (Section 13 Education Act 1989)
Context Sections 13–18 of the Act provide the framework for stand-downs, suspensions, exclusions and expulsions. However, they need to be considered in the context of the broader philosophy of education, as expressed in other sections of the Act. The main references follow.
Section 14 Education Act 1989 1. The principal of a state school may stand-down or suspend a student if satisfied on reasonable grounds thata.
The student’s gross misconduct or continual disobedience is a harmful or dangerous example to other students at the school; or
b.
Because of the student’s behaviour, it is likely that the student or other students at the school, will be seriously harmed if the student is not stooddown or suspended.
If the incident does not fit into one of the three categories (gross misconduct, continual disobedience or behaviour risking serious harm) then you may not stand-down or suspend.
Right to education Section 3 of the Act states that all New Zealanders are entitled to free enrolment and free education at any state school from the age of five until the end of the year in which they turn 19. This is subject to provisions arising from approved enrolment schemes and integration agreements.
National Education Guidelines Section 60A empowers the Minister of Education to publish statements of desirable achievements for the state school system (National Education Goals) and desirable principles of conduct or administration (National Administration Guidelines). Boards of trustees are required to help all students realise their full potential by providing appropriate learning programmes and addressing barriers to learning and individual needs while respecting cultural differences.
Right to counselling Section 77 requires principals to take all reasonable steps to ensure that all students get good guidance and counselling. This implies that behavioural matters that may lead to stand-down or suspension have previously been acted on in other ways but with limited or no success.
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Obligation to parents Section 77 requires principals to take all reasonable steps to ensure that parents are told of matters which, in the principal’s opinion, are preventing or slowing the student’s progress through school or are harming the student’s relationships with teachers or other students.
Natural justice Section 13(c) of the Act states that the purpose of the provisions is, in part, to ensure that individual cases of the standing-down, suspension, exclusion, or expulsion of a student from a state school are dealt with in accordance with the principles of natural justice. These principles are recognised in many statutes to which boards of trustees and principals are subject. The most important is the New Zealand Bill of Rights Act 1990. Section 27, which applies to boards of trustees: 1
Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, and interests protected or recognised by law. 2 Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination. (Section 3.4.7 27. Right to justice - New Zealand Bill of Rights Act 1990)
Acting fairly and reasonably Natural justice can be defined as the obligation to act fairly and reasonably in the circumstances. What is required will vary according to the situation. The principles of natural justice must guide any decision that will affect a person’s rights, obligations, or interests.
The principal’s decision From the time the principal begins considering if a student should be stood-down or suspended, the principles of natural justice apply. In other words, the principal must act fairly and reasonably in the circumstances. Acting fairly and reasonably applies before the principal decides that an individual’s education is to be interrupted through either stand-down or suspension. The principal has to consider the circumstances of each situation and be satisfied that it warrants standingdown or suspending the student. This means that the principal cannot stand-down or suspend a student automatically just because that student has broken a school rule. The principal must carefully consider the evidence and all the circumstances prevailing at the time. Justice Smellie, in the case S v M and Board of Trustees Auckland Grammar School (1998) clarified this on page 61 of his judgement, quoted on page 19 in the Guidelines on Stand-down and Suspensions. It is within this context that a school’s “zero tolerance” of a behaviour is untenable.
The student’s rights The principal may decide that the student’s actions come within the criteria of section 14(1): The principal of a state school may stand-down or suspend a student if satisfied on reasonable grounds that
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The student’s gross misconduct or continual disobedience is a harmful or dangerous example to other students at the school; or Because of the student’s behaviour, it is likely that the student, or other students at the school, will be seriously harmed if the student is not stood-down or suspended for an unspecified period (Section 14(1) Education Act 1989) In consideration of other circumstances and whether the behaviour warrants stand-down or suspension of the student, natural justice means that the student has the right to:
remain on the school’s register
have the stand-down or suspension procedures consistently applied
be given notice of possible outcomes (as this could help determine the nature of representation)
know the reason for the stand-down or suspension (know the case or charge)
know the information (evidence) on which the decision is based
be able to comment on or challenge that information (be heard)
be able to correct adverse or biased material and challenge irrelevant material (defend themselves)
If the student is suspended, the board must give the family:
time to prepare a response to the information – so the report must be given1 to the student and their parents at least 48 hours before the board meeting
the opportunity to be represented at the board meeting about the suspension
The board’s actions Suspension must be followed by a meeting of the board (or its disciplinary committee as set out in the board’s procedures) to decide what the outcome will be. The board of trustees must also act fairly and reasonably. In addition to those principles of natural justice that apply to the board meeting, the board must:
receive the principal’s report and consider it listen with an open mind to what the student or their parent or representative has to say
The chair of the discipline committee must be prepared to rule whether specific information or material presented by either the principal or the student or their parent or representative is relevant in considering the suspension.
The board to decide The rules allow for the board to decide on the process that it will use to arrive at its decision on the outcome of a suspension meeting. However, to meet the principles of natural justice, the person “bringing the charge” (the principal who suspended the student) shall not also be the final arbiter. The board must make its decision without the recommendation or vote of the principal. The principal must leave the meeting at the same time as the student and family do while the board makes its decision or all must remain.
1
See definition of given in the Rule 4, Appendix 1, Guidelines on Stand-downs and Suspensions (June 2004).
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Conflict of interest Any trustee who has any close personal association with the suspended student or the circumstances of the suspension should declare this prior to, or at the outset of the meeting. That trustee should consider whether there is a potential conflict of interest that might make it appropriate not to take part in the suspension meeting. The board should also consider whether a member’s prior knowledge is likely to unfairly influence the outcome of the suspension. However, cultural or some other considerations may mean it is appropriate, under some circumstances, for the trustee to continue to be involved. On some occasions a staff member may wish to represent or assist the student during the process. This will potentially bring them into a conflict of interest and they should seek prior agreement to this from their employer before taking on this role.
Points to note
Trustees need to be aware of the 7-day rule and the 10-day rule in the Act (sections 15(4)(a) and (b) and 17(4)(a) and (b)) – unless the board meeting is held and the outcome decided within this timeframe, the suspension ceases to have effect. Check that the parent/caregiver has received all the information they should have, including the Ministry information sheet, and that the relevant information was given at least 48 hours before the meeting. If new information is introduced at the meeting, the board must allow an adjournment in a suspension meeting if the student, a parent of the student, or any member of the board asks for time to consider the new information (as defined in Rule 16). If the parent(s) fail or refuse to attend the suspension meeting, the meeting must still be held in their absence and a decision can be made.
At the meeting The board will need the principal’s report and any other relevant information, such as incident reports or a record of continual disobedience (but only when a student has been suspended for continual disobedience). During the meeting the board will need to:
verify facts; ask for, and consider, the family’s perspective; and keep in mind that principals are required to inform parents of matters that may impede a student’s progress, and ensure guidance and counselling. You should ask those questions during the hearing.
Meeting procedures The chair introduces the disciplinary committee and the family and support group, records the attendees, ensures minutes are being kept, and explains the procedure to be followed. During the formal hearing the chair will:
hear details of the issue from the principal hear the student’s side of the issue from all who wish to speak consider the facts presented (at this point the principal and other persons before the committee may leave or remain, at the committee’s discretion) reach a decision on the outcome announce the decision and give reasons for it
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follow that announcement with written confirmation of the decision
The principal must not be part of a disciplinary committee to which they are providing information.
Reflective questions to consider
Has the school fulfilled its side of the deal? Has it done everything it should? Has it done everything it could? Is there a record of what has been done previously?
Other things to consider Why is it that a student’s behaviour can be so intolerable that they are (possibly) being excluded from school, but not so bad that they have not been referred to counselling, or a resource teacher: learning behaviour (RTLB)?
Conditions If setting conditions, the board:
does not need the agreement of the parents and the student – the conditions are imposed by the board
must be reasonable, ensuring conditions are within the power of the student and parents to meet (any conditions should not be a cost to the board)
must be specific, and determine how the conditions can be seen to have been met.
Extending with conditions Set specific conditions that will work for the student and are achievable and able to be satisfied by the student and satisfy the board. For example, not “Johnny has to go and do an anger management course then we will meet with him again to decide if he can come back to school.” But rather, “Johnny is required to provide the principal with a report stating that he has attended an anger management course and that he now knows how to deal with his anger issues and can safely return to the school environment.” If the student doesn’t meet the conditions, a reconsideration meeting may have to be held.
Reconsideration meeting A reconsideration meeting is initiated when the principal believes the student is not complying with the conditions set down by the board in its original decision. The process of initiating and establishing a reconsideration meeting is identical to the process for the original suspension meeting except that, if the student is attending school, that situation continues until the board makes some other decision at the reconsideration hearing. The hearing is held to receive the information from the principal and reconsider the conditions imposed and whether to adapt, alter, or modify them. It is not about hearing new evidence or pleas in mitigation. (That is an appeal against the original decision.) There is no process set down for appeals against board decisions, either with or without new evidence.
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FINANCE Current sources of advice for boards are located in the following publications from the Ministry of Education. Financial Information for Schools Handbook (FISH). This is a hard-copy ring-binder which was distributed to every school by the Ministry of Education in April 2009. There is also an electronic version on the Ministry website and this should be checked periodically as updates appear from time to time. Funding, Staffing and Allowances Handbook. This is a hard-copy ring-binder with printed updates supplied from time to time. There is also an electronic version on the Ministry website and this should be checked periodically as updates appear from time to time. Note: the Ministry has specialist financial advisors in the Auckland, Napier, Lower Hutt and Christchurch Regional Offices who provide a number of services in relation to financial management in schools.
The budget A budget has been described as an estimate of costs, revenues, and resources over a specified period (in the case of schools, a year). It reflects the board’s thinking about the future financial conditions. It is one of the most important administrative tools available in the school. The budget belongs to the board of trustees but is used by the management team in the school led by the principal. The board’s finance policy where it has clearly outlined delegations and expectations should be supported by management procedure. Every year, the board should create a budget committee for the specific task of writing a budget for the next school year. In small schools this might be the whole board while in large schools it may be a smaller group of trustees, but it should include the principal, the bursar the person (by whatever title) who is responsible in the school office for day-to-day administration of the finances). The budget must be aligned to the school charter so that no specific goals or activities are omitted from the budget. The first step is to establish a draft budget as early as August in the previous year so that it can be presented at the November board meeting with final approval in December (or January at the very latest). The board should regularly monitor financial performance against the budget and conduct a full budget review at least once a year. For more detailed information on the budgeting process, refer to Chapter 2.2 in FISH on the Ministry of Education website. (http://www.minedu.govt.nz/NZEducation/EducationPolicies/Schools/SchoolOperations/Sc hoolFinances/FinancialInformationForSchoolsHandbook/Ch2FinancialGovernance/22Bud geting.aspx). Questioning proposed expenditure A board should ask the following questions during the annual budget setting and approving process and also before approving any proposed expenditure.
Does the expenditure further the aims of the school? Could the board justify the expenditure to a taxpayer, parent or any interested party? Will there be perceived to be any personal gain by this expenditure? Does the expenditure represent best value for money? Is it in the budget?
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Does the expenditure occur frequently? Some examples of inappropriate expenditure would be: purchasing Koru Club lifetime memberships for the principal and spouse paying costs of the principal’s spouse/companion on an overseas trip paying membership fees at the local golf club or service club (such as Rotary) hiring a corporate box to reward staff for their endeavours during the year These types of payments and other closely allied matters are dealt with extensively in the Ministry publication Funding, Staffing and Allowances Handbook.
Monthly financial reports Boards need to be kept up to date with how the finances are going during the year. Good practice shows that there should be a financial report tabled at each board meeting. The report should include at least a statement of income and expenditure and a statement of the current financial situation (balance sheet). Providing the bookkeeping is up to date, producing such reports should be a routine matter. The task of preparing the monthly financial reports will vary from school to school. It may lie with the external accounting provider, the bursar, the executive officer or school secretary. In general the board should delegate responsibility to the principal for the quality and timeliness of these reports. Board of trustees members should not be doing detailed bookkeeping work; that weakens internal control. NZSTA advocates that the position of “treasurer” not be used. There is no legal requirement for such a position or title – it is purely historical, dating back to before Tomorrow’s Schools. The principal, being in charge of expenditure on a daily basis and of ensuring the budget is adhered to, should be reporting to the board on the state of the finances.
Financial powers of boards Investment A board may place funds on deposit or invest in debt security with a registered bank, a subsidiary of a registered bank, and/or any public security (government stock) (Education Act 1989, section 73). With the approval of the Ministry of Education, investments can be made outside these areas. You must apply for such approval before investing. Before making investments, the board must satisfy itself that adequate provision has been made for debts which will fall due during the investment period. In other words, keep enough cash on hand to pay the bills. It is usual for boards to make deposits for 30, 60 or 90 days. Some boards, when accumulating funds for cyclical maintenance in an “out year” (non-expenditure year) may well make investments for one or two years. Depreciation funds may well be treated similarly. You must be aware that interest rates higher than the current market indicate higher than normal risk. The Ministry does not guarantee any investments by boards.
Borrowing Boards have only limited powers to borrow money. They are expected to manage their financial affairs within the current income and any investments and deposits available from previous years.
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However, boards can borrow funds provided the annual servicing cost of all borrowings, including interest and interest repayments, does not exceed 10 percent of the annual operating grant at the time the borrowings were entered into. To borrow beyond this limit requires the prior approval of the Ministers of Education and Finance (Education Act 1989, sections 67 and 67A).
Conflicts of interest A conflict of interest arises where a prospective or existing trustee has an interest which conflicts (or might conflict, or might be perceived to conflict) with the interests of the board itself. The key question to ask when considering when an interest might create a conflict is: “Does the interest create an incentive for the trustee (or prospective trustee) to act in a way which may not be in the interests of the board?” If the answer is “yes”, a conflict of interest exists. The existence of the incentive or a perception of bias is sufficient to create a conflict. Whether or not the person would actually act on the incentive is irrelevant. Most common scenario: If a trustee or member of a board committee is interested in any contract or contracts with the board worth more $25,000 (GST inclusive) a year, that person will be disqualified from being a trustee or committee member unless the board obtains the approval of the Secretary for Education for that contract. (Note that the board applies for approval, not the individual.) The board minutes must record that a trustee (or committee member) who is “concerned or interested” in the contract declared that interest and excluded themselves from meetings of the board when the matter was being considered.
Types of conflict of interest These are many and quite varied. They may be financial or non-financial. They may be direct or indirect. They may be professional or family-related. Conflicts of interest may arise from: directorships or other employment interest in business enterprises or professional practices share ownership beneficial interests in trusts existing professional or personal relationships associated with the board professional associations or relationships with other organisations family relationships decisions taken which may have a benefit to the decision-maker A conflict of interest may be more perceived than actual. Perception is a very important factor in public life. The processes of government (and those of boards of trustees) must be fair and ethical and must be very clearly seen to be so. Conflicts with a financial element are treated more strictly than other sorts of conflicts (Refer Education Act 1989, section 103A and 6th Schedule clause 8, subclauses 8, 9, 10 and 11). All considerations of possible conflicts should be discussed by the full board of trustees and any decisions arising from those discussions recorded in the board minutes.
Record keeping The board must ensure that sufficient records are kept to be able to answer any enquiries from the auditor or Inland Revenue. “Sufficient” here means having enough details on file
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to be able to calculate the income, expenses and GST liability of the board especially by the auditor. The most important records to be kept include: books of accounts to record receipts and payments bank statements invoices (including tax invoices) receipts any other necessary documents to confirm entries in accounts stock-take figures for the end of the financial year wage records for all employees, including superannuation/Kiwisaver payments interest and dividend payment records All invoices and documents relating to staff salaries as well as GST must be kept for a minimum of seven years. Failure to keep adequate records in these areas can result in fines being imposed
Bottom line The board’s role is to keep and maintain an overview of the finances in the school. For questions on the details of financial administration refer staff to:
Financial Information for Schools Handbook (FISH) Funding, Staffing and Allowances Handbook Auditor-General Reports and Good Practice Guides
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PROPERTY The role of the board of trustees is to establish policies and plans for the strategic management of property so that an effective learning environment is available for staff and students. It is the board’s responsibility to ensure that appropriate policies and plans are established, implemented, and reviewed. These include the 10-Year Property Plan (10YPP) and the 5-Year Agreement (5YA), which are formal agreements between the board and the Ministry of Education to ensure that essential maintenance and development of the school property is carried out by the board, and an assured budget is provided by the Ministry to pay for it. Effective property management involves a great number of tasks including: establishing and maintaining an asset register cleaning and maintenance long-term planning for capital improvements This section gives an overview of the board’s responsibilities. Detailed information is contained in the Ministry of Education’s Property Management Handbook and is also available from the Property Management section of the Ministry’s website www.minedu.govt.nz/goto/property
Property aims and objectives The charter The board’s obligations in the area of property management are defined in the school charter. The board’s principal property goal is to maintain and improve the school’s buildings and facilities in order to offer students a good learning environment. To this end, the board’s objectives are to: ensure that the school is kept in a clean, tidy, safe, and hygienic condition ensure compliance with laws and regulations including complying with the Health and Safety in Employment Act 1992 (HSE Act), local body requirements and other safety and health regulations in regard to the school’s equipment, buildings, and grounds develop and implement an annual programme to encourage safe practices and reduce hazards in line with the Ministry’s Health and Safety Code of Practice comply with the conditions of the property occupancy document (POD) maintain an up-to-date 10-Year Property Plan (10YPP) for maintaining and developing the school grounds and buildings, covering regularly painting the school buildings; cleaning and caretaking; maintaining and/or improving the grounds; plumbing, carpentry and electrical repairs; and supplying, maintaining and replacing equipment, furniture and stores comply with the terms of the 5-Year Property Agreement (5YA) which is linked to the 10YPP
School security The board is responsible for security and must have in place accepted risk management practices to reduce incidents of vandalism, arson, theft, and burglary.
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Property occupancy document (POD) The property occupancy document sets out the terms and conditions the board must comply with in relation to the land and buildings. The POD provides information and terms on: operating costs capital works maintenance minor capital works furniture and equipment the 10-year property plan project management terms and conditions of the Ministry as owner ownership of property by boards of trustees disposal of board-owned property building warrant of fitness compliance health and safety requirements risk management use of the property dental clinics dispute resolution
Asset register An asset register is a list of all assets, both furniture and equipment, owned by the board of trustees. The asset register needs to be reviewed and updated. This will involve recording all details (including dates), of the purchase and disposal of items, and depreciation. For ease of resource management and for insurance purposes, details of serial numbers and location of items should be included in the register. A copy of the asset register must be held off the school’s site.
Capital works “Capital works” refers to providing new buildings or making site improvements. Capital works usually involve providing facilities for roll growth, restoring buildings to acceptable standards for health or safety, or general improvements relating to 5YA, environmental needs, curriculum needs/changes, or new government policies. It includes major renovations, remodelling and upgrading of existing accommodation. Financial provision must be made for new furniture in a new building, and for some replacement furniture in a remodelled building. All capital funding is included in a school’s 5YA (see below) and is managed by the board. Examples of minor capital works are:
erecting shelving installing a site bench laying a small concrete path
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Insurance School buildings The Ministry is responsible for replacing buildings in the event of loss. The Ministry will only replace the buildings according to code (that is, the Ministry’s formula for deciding how many square metres of space the school is entitled to). Any over-code facilities or jointly owned property will not be replaced by the Ministry. Boards need to check carefully to see which buildings the Ministry will replace and which buildings should be privately insured. School halls often fall into the latter category. Contents School contents are the property of the board. Boards are required to insure their contents on a replacement basis against all insurable risks. Insurance can be taken through the Ministry’s risk management scheme or through an insurance broker such as Crombie Lockwood, which has had a longstanding relationship with NZSTA. School housing School houses must be insured. Boards are strongly advised to obtain a replacement value policy, to avoid becoming liable for additional costs not met by the insurance cover if the unexpected does happen. Under-insuring the asset defeats the purpose of insuring it in the first place, as the point of being insured is to remove the risk of financial liability if the unexpected happens. Risk management schemes The Ministry has provided insurance for school contents (essentially the contents are board property) since 1989 with a major insurance company. Although the publicity for this scheme claims that it is “fully funded by the Ministry”, in fact the premium is deducted from the board’s operations grant entitlement before the grant is distributed quarterly. Essentially, therefore, the Ministry is not paying – the board is, because the premium is deducted from the gross amount, and the board gets the net amount. There are a number of other insurance brokers dealing with school insurance matters, with Crombie Lockwood in particular standing out as the largest and perhaps the best known for their “schools scheme”. NZSTA has worked closely with Crombie Lockwood over the years not only to ensure that boards of trustees can attain their insurance needs at a competitive price, but also to ensure that claims are handled in a “hassle-free way”. It is worth noting that NZSTA members are eligible for a substantial discount (from $5000 to $2500) on employer liability insurance excess through NZSTA’s partnership with brokers Crombie Lockwood. Please note the following situations. If your board is an establishment board you will be automatically included in the Ministry school insurance scheme. If you subsequently choose another insurer you must advise the Ministry of the change. If you are a current member of the Ministry scheme and wish to change, you must also advise the Ministry.
Readynet emergency management Emergency preparedness is an essential part of school planning, as an emergency situation can arise without warning and present an immediate risk to the health and safety of both students and staff. Not only is emergency preparedness a desirable thing to do, but is consistent with the need for the board to provide a safe environment for both students and staff.
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NZSTA in conjunction with Emergency Management Associates (EMA) have produced a web based emergency management tool (Readynet) which was designed for the New Zealand schools sector. Readynet allows: schools access a secure website where they use prepared templates to create and store detailed information useful in an emergency records to be easily reviewed and modified and hard copies printed for a wide range of emergency possibilities/scenarios, which each school is prompted to identify in a risk analysis process the uploading of school site plans identification of the public use of school facilities identification of children on site with special needs identification of risks arising from proximity to industry the inclusion of GPS coordinates of the school to enable quick determination of geographical location Perhaps the most important feature of Readynet is that the records are immediately accessible to the 111 emergency services (Police, Ambulance) through a secure network, which means that the emergency service concerned can access all of the relevant details prior to arriving on site. This can be a crucial element in any emergency situation. Another important feature of Readynet is the ability of the emergency services to activate text and email alerts to subscribers of the system. NZSTA and EMA are working closely with the Police and the Ministry of Education around the importance of Police being able to access school site plans before deployment. This work is continuing and NZSTA/EMA, working with the Ministry of Education, will be looking at the possibility of all school site plans being accessible to Police through the Readynet system. To date some 500 schools have subscribed to the “on line” Readynet emergency management system. In addition, a number of local authorities have also chosen Readynet as their preferred emergency management tool for their local area. Readynet is a great “fit for purpose” emergency management tool for schools, and available at a very favourable price. If your school has not yet subscribed to Readynet, we would strongly encourage you to do so, so you can be confident that you have taken all reasonable steps in preparing for the worst. More information on Readynet can be found on the NZSTA website.
Maintenance Maintenance is defined as all work necessary to keep the site, buildings and facilities in a good state of repair. The board receives, as a component of its operating grant, funding for general maintenance, the repair of the effects of vandalism, and minor capital works. Work considered as maintenance includes: landscaping painting (interior/exterior) and pre-paint maintenance site/ground maintenance, such as filling in a hole in the pavement general housekeeping repairs repairs to all essential services, including boilers Maintenance does not include: rates rubbish disposal
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equipment and furniture replacement insurance teaching materials (consumables) operating expenses such as pool chemicals water charges
Vandalism The board is responsible for meeting the repair costs of all vandalism damage up to an annual cost limit specified from time to time by the Ministry and notified to the board. All remedial work shall be carried out in accordance with accepted trade practice.
10-Year Property Plan (10YPP) The first step in developing a plan for property management is writing a policy statement. The following is an example of a general policy statement which may suit your school.
Property management The school buildings, grounds and all facilities will be maintained in a clean, safe, tidy and hygienic condition so that a suitable learning and teaching environment always exists. The board will ensure that: all property is managed in keeping with health and safety requirements and procedures the grounds and buildings are maintained and upgraded as required (some improvements may be dependent on available funding) the board complies with the terms of its 5-Year Agreement with the Ministry of Education the 10-Year Property Plan is maintained and periodically updated, and the board’s funds are managed so that the plan can always be implemented in a timely manner the property occupancy document (POD) is kept in mind at all times and referred to as necessary furniture, furnishings, equipment and all other assets are replaced or refurbished in a timely manner the property and assets are managed in a way that ensures equity and honours the Treaty of Waitangi as stated in the charter the annual budget-setting exercise always ensures the above requirements are taken into account Boards that have issues with completing their 10YPP need to contact their local Ministry office property person, and work with them to resolve any issues that may currently prevent the property plan from being signed off. Comprehensive guidance on how to develop and set out a 10YPP is provided to boards through the Ministry’s property division. Any board that does not have a current copy available can access a copy of this material from the Ministry website at www.minedu.govt.nz. NZSTA has highlighted to the Ministry that boards are generally proactive in resolving property issues, and would prefer to be supported in ensuring that the 10YPP adequately meets the school and community needs, than fit a set formula.
Treaty of Waitangi requirements Treaty requirements must be taken into account when formulating property management policies or programmes. The board has an obligation to consult the Māori community
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about their needs and to take those into account in any property policy or programme. For example: Is there an appropriate place for welcoming and greeting parents and whanau, for allowing whanau to meet, and for preparing and serving refreshments? Is the school décor appropriate (artworks, murals, furnishings, and so on)?
Equity requirements Equity requirements must be considered when formulating a policy. Will the proposed policy or programme meet the needs of all students at the school, including those with special educational needs? For example: Is the property accessible to students with limited mobility? Are sufficient toilets provided and are they accessible, hygienic and private enough for staff and students (including those who have special toileting needs)? Is the learning space furniture suitable for the varying sizes of students? Are there any facilities on the school campus for childcare if adult students can attend classes? Are learning spaces designed so that students with limited hearing or vision can participate fully?
5-Year Agreement (5YA) The Five Year Agreement (5YA) with the Ministry is based on a list of capital projects you wish to do over the first half of your 10-year plan (10YP). Detailed information about 5YA budgets is available on the Property Management Information System (see later in this section).
Contract management Specifications The first step in completing a successful project is to have a clear understanding of exactly what it is you want, and what you need to do it. Specifications are the technical description of the work to be done and materials to be used in the process of carrying it out. Specifications may include “hard” information, like the number of square metres of floor area, and “soft” information, such as that the reception area needs to be informal and welcoming to students and the community. The more reliable and detailed your specifications are, the easier it will be to know if you are getting what you need, and the easier it will be for your contractors to price the job accurately. A professional project manager will make this easier by drafting your requirements in a way that ensures suppliers understand exactly what is required of them. When checking specifications drawn up by your project manager, boards should check whether any phase of the job, the materials, or processes to be used in the job are subject to: New Zealand Standard Specifications local body regulations, or Ministry regulations If so, these will need to be referenced in the appropriate section of the job specifications. When using standard specifications, provide a schedule of work describing the extent of the work, and any special conditions relating to it. You should also check that the specifications include: compliance with any other regulations such as draining and plumbing and the electrical wiring regulations
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contractor’s insurance, which could include public liability (to cover damage caused by the contractor to a third party) and “contractor’s all risks” (to cover damage to the contractor) – your project manager should check the successful contractor’s insurance policies to ensure adequate cover is provided information on any “good character” requirements the board considers advisable and/or police vetting procedures if these workers are likely to have unsupervised access to students on the school grounds
Quotes and tenders Where possible, it is advisable to obtain several quotations for all work. In remote areas where the number of available suppliers is restricted, boards will need to take a pragmatic approach to ensuring that due care has been taken in the expenditure of taxpayer funds. For minor work, particularly of an ongoing nature, boards may find that establishing a longer-term relationship with a preferred supplier or tradesperson is preferable to “shopping around” each time, particularly where discounts or other loyalty schemes are available or familiarity with the school improves the quality of service that can be offered. For more substantial jobs, it may be sufficient to invite a few reputable tradespeople to submit written quotations based on the board’s specifications; or if a wider pool of applicants is desirable, invite tenders through a local newspaper. For any work over $50,000, boards must tender through the Government Electronic Tenders Service (GETS). Anyone tendering or quoting for work should be given clear written specifications and/or schedules of work so that they have a clear understanding of the school’s requirements. Some suppliers quote prices excluding GST so it is a good idea to specify that all prices are to be presented which make clear the GST component (eg ex GST or GST inclusive). Acceptance of tenders All tenders and contract proposals are commercially sensitive and by definition may involve substantial sums of money. It is therefore essential that proper processes are followed. Boards should consider all information relating to commercial contracts or tenders as confidential until otherwise specified. No information about tenders under consideration may be released under any circumstances. It is recommended that the board authorises one person to handle all communications relating to the tender, to avoid any possibility of confusion. Any details of tenders under consideration should be dealt with “in committee”. All aspects of the tenders or quotes received should be evaluated against the specifications, including how closely the proposal matches your specifications, any exclusions or omissions, quality and fitness for purpose of the goods or services they are offering, the references and reputation of the supplier, how they propose to deal with variations to the contract, and any other “out” clauses. The tender with the lowest price may not always be the one that offers best value. Tenders must not be accepted until financial authority has first been given by the board of trustees and the following criteria have been met by the recommended tenderer: the tender has been submitted in accordance with the tender documents the tenderer has the experience, resources, and competence to perform the work the tenderer has the financial status and adequate working capital to allow the work to progress at a satisfactory rate any other commitments the tenderer may already have will not interfere with or jeopardise the completion time of the proposed contract Once the successful bid has been decided and the contract signed, unsuccessful bidders should be notified that they have been unsuccessful. It is not necessary to provide any further information, but boards who wish to may provide feedback to unsuccessful bidders
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on what aspect of their bid was unsatisfactory. Boards that choose to do this must be careful not to divulge any information about other bidders in the process. Project manager Any significant project such as those requiring a building consent must be managed by a professional building project manager (PM). Your PM is probably the most important contractor the board will deal with, since the overall success of your building projects rests on their shoulders. It is important to select them carefully. Their job is to ensure the key deliverables: that is, the work is done to a satisfactory standard, on time, and within the agreed budget. They will also be expected to provide regular formal reports to the board on any issues arising throughout the project that might affect those outcomes. The project manager is typically expected to: have a good working knowledge of construction and project management have a formal project management qualification have a formal contract with the board manage the contracts with builders, tradesmen, and so on manage the project budget and timelines liaise with local authorities to ensure that all work complies with the relevant legislation and regulations (such as local bylaws, inspections) liaise with the principal on day-to-day matters keep the board informed on progress and any significant issues that may arise, by way of regular formal project reports to the board seek instruction from the board on any matters that are outside the project brief they were given Your project manager must hold professional indemnity insurance.
The Resource Management Act 1991 The Resource Management Act 1991 (usually called the “RMA”) is concerned with managing the effects our activities have on the environment and the people around us. In practice the Ministry of Education, as the owner of the school land and buildings, has ultimate responsibility, but boards need to consider the implications of the Act when assessing proposals for development, particularly where the development will be outside the code and they are the “requiring authority”. Currently boards and the ministry submit an outline plan of the public work, project, or work to be constructed to the territorial authority and the territorial authority may request changes before construction commences (s176A). If the requiring authority decides not to make the changes then the local authority may appeal within 15 days that matter to the Environment Court.
Consultation When planning any significant property development, boards will need to consult not only with their own school community but also with any other parties who may be affected by the changes. This is particularly important if any aspect of the project is outside the parameters of the council’s design code.
Resource consent Any board wanting to build, develop the use of existing facilities, or discharge waste into the air or waterways must comply with the requirements of the RMA. This may involve applying for resource consent. Resource consents are obtained from regional, district and city councils or the Department of Conservation (consent authorities). This will usually be the responsibility of your project manager. As a school is an existing user of land there will usually be automatic consent under the Act.
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Boards should, however, look at the manner in which waste is discharged, particularly incinerators, septic tanks and chemicals from laboratories. If the board is unsure in any way it should discuss the matter with the district property manager of the Ministry of Education. Further information about the RMA is available from the Ministry for the Environment (see www.mfe.govt.nz).
School housing School houses used to be owned by the Ministry of Education and managed by boards of trustees. Most are now owned and managed by the board of trustees. Some conditions relating to housing are included in the teachers’ and caretakers’ collective agreements (CAs). Please check the terms of the relevant CA before making any decisions regarding school houses. School housing is provided for two reasons: to provide on-site accommodation for the school caretaker to help recruit and retain teaching staff in areas where suitable accommodation might not otherwise be available School houses are classified as core housing in areas that are hard to staff and where there is not much rental activity, and non-core housing in areas where alternative rental markets appear to exist. By the end of 2008 the Ministry had transferred ownership of most of its core houses to boards. Ministry policy is to sell off any non-core housing that has been unoccupied for six months or more.
Rent Rental income from any school houses is paid to the board. Any maintenance or other work required on the house is funded from this income. It is therefore important for boards to consider the cost of maintaining school houses when setting the rent to be charged. Caretaker housing. Rentals on caretaker housing are subject to the terms of the CA and generally set at a lower level than teacher housing. This acknowledges the advantages to the school (including security) of having the caretaker present on the school property. Teacher housing. Rentals for teacher housing (which includes principals) are set at a minimum of 75 percent of market rates. These levels are reviewed from time to time and notified to the board by the Ministry’s contractor, DTZ. This rate is set by IRD, which has agreed to a 25 percent exemption from fringe benefit tax (FBT) and PAYE for teacher rentals. Boards are not legally obliged to charge rent at the level DTZ advises, but boards who charge less will become liable for fringe benefit tax (FBT) on the difference between the 75 percent benchmark and the actual amount of rent charged. Alternatively, the staff member may become liable for PAYE on the salary difference. Fringe benefit tax works like GST in that boards would need to register, and then file regular quarterly or annual returns.
Paying for maintenance and other work Any maintenance, repair or upgrades to school houses you own is funded out of rents received and needs to be included in your property budget and planning cycle. This includes: Painting, and general housekeeping repairs (such as plumbing, wiring) capital works (such as re-roofing, upgrading the kitchen) Boards will be responsible for any capital upgrades that the house requires. This will include bathroom and kitchen refits and roof replacement. It is intended that over time there will be sufficient surplus from rental income to fund these upgrades.
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Rates Rates need to be paid on each school house. These will be set by the local authority or council. Land listed in the Local Government Rating Act 2002 (section 8, Part 1 of Schedule 1), which includes land owned by or used for the purposes of a state school, is regarded as non-rateable. This means a state school is charged on a “cost recovery” basis for service rates, that is, rates for the purposes of water supply, sewage disposal and waste collection (section 9 of the Rating Act 2002).
Fire code All state and integrated schools must comply with the Fire Safety and Evacuation of Buildings Regulations 1992. Under these regulations, boards must ensure (usually by delegation to the principal) the following conditions. There is an evacuation procedure in place, and trial evacuations are held. Information regarding the evacuation procedure is readily available to staff and students. Staff are adequately trained to assist in evacuation of students. Proper signage is in place to indicate fire exits, and exits are not locked, barred or otherwise obstructed. Reasonable fire safety precautions are taken with regard to use of electrical and gas appliances on the premises and with storage of goods that may pose a fire hazard (for example, paints, cleaning chemicals, gas tanks). Fire-fighting equipment that is provided on the premises meets the relevant standards, including regular checks if required (for example, fire extinguishers and hoses). NZSTA recommends that boards use the Readynet software, which allows the police and fire service to access data collected by schools. This will ensure improved response levels when an incident occurs. For further details, contact NZSTA National Office on (04) 4734955.
Building Act 2004 The Building Act 2004 sets out the law on building work. The Building Regulations 1992 contain the New Zealand Building Code, which sets out performance standards that all new building work must meet, such as structural stability, fire safety, access, moisture control, durability, services and facilities.
Building code Under the building code, plans and specifications are assessed by a building consent authority to ensure they comply with the building code before a building consent is issued. Managing this process is a job for the board’s project manager. All new building work must comply with the building code.
Building warrant of fitness The board must supply a building warrant of fitness (BWOF) to their local authority each year. This is usually delegated to the principal. The BWOF states that the inspection, maintenance and reporting procedures of the compliance schedule have been fully complied with for the previous 12 months, and includes information such as the location of the building, fire risk category, and inspection, maintenance and reporting certificates. More detailed information about the Building Act and other compliance requirements can be found on the Department of Building and Housing website: http://www.dbh.govt.nz/building-regulations).
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Further information Property Management Handbook (PMH) The Ministry of Education publishes a comprehensive guide to property management for state schools known as the Property Management Handbook (PMH), which includes information and templates. Updates to the PMH are published on the Ministry website from time to time. The handbook is divided into seven sections. Section 1 includes a useful glossary of property-related jargon (s1.4) and a copy of the property occupancy document (POD). You will also find information on funding programmes, how to qualify for funding, property planning including 5YA and 10YPP processes, project management and design requirements. Each school should have its own printed copy of the PMH on site. The PMH and its associated updates are also available from the Ministry website (www.minedu.govt.nz).
Property Management Information System (PMIS) The Ministry of Education provides a summary of property management data for each school on its website. This information is in the public domain – it is available to anyone who looks for it and does not require a password. To find the PMIS, go to http://pmis.minedu.govt.nz/ then enter your school name or number in the space provided. Information provided in the PMIS includes: funds available what you have spent so far a list of invoices paid to date what property projects have been undertaken in your school a summary of all your school property condition of your school buildings condition of your boiler(s) condition of your pool(s) a historical summary of property projects back to the mid-1990s Any of these reports can be printed out and used for reporting to the board on property matters, or trustees can look up the information themselves at any time.
Property newsletter The Ministry of Education property division publishes a monthly newsletter on property issues, called Property News. It covers common property FAQs and is a useful resource for boards. These newsletters are available from the Property section of the Ministry website: (http://www.minedu.govt.nz/NZEducation/EducationPolicies/Schools/PropertyToolBox/Ne wsAndEvents/PropertyNews.aspx).
Regional property forums National and regional Ministry of Education property people hold property forums in each regional centre every quarter to inform and seek feedback from schools on current property issues. Boards are strongly encouraged to send a representative to these forums if at all possible, especially if there is a problem or issue.
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OTHER EDUCATION AND PROFESSIONAL ORGANISATIONS Education Review Office (ERO) ERO is a government department whose purpose is to evaluate and report publicly on the education and care of students in schools and early childhood services. ERO carries out different types of reviews – education reviews, homeschool reviews, cluster reviews of education institutions and services, and national evaluations of education issues. Confirmed ERO reports are public documents and are available on the ERO website Contact: www.ero.govt.nz
New Zealand Qualifications Authority (NZQA) NZQA is a crown-owned agency headed by a board appointed by the Minister of Education. It deals with the provision and quality of qualifications, develops the national qualifications frameworks, and approves degrees from outside universities. Contact: www.nzqa.govt.nz
New Zealand Teachers Council (NZTC) The Teachers Council is the professional body for all registered teachers working in early childhood, primary, secondary, tertiary and other teaching situations. The NZTC provides a form of licensing for teachers. The board maintains a register of those teachers qualified to teach in New Zealand state and state integrated schools. Contact: www.teacherscouncil.govt.nz
Careers Service The Careers Service provides information to schools and students on careers and transition to work. The Careers Service has established a computer database for career and qualifications information and has an effective network of people working in the career development and transition field. Contact: www.careers.govt.nz
State Services Commission (SSC) The State Services Commission has a watchdog role with respect to all government employment matters. SSC has delegated authority to the Secretary for Education to act as the employer party in negotiations over the collective agreements for primary and secondary teachers and school caretakers and cleaners, and approves employment agreements negotiated by school boards. Contact: www.ssc.govt.nz
New Zealand Catholic Education Office (NZCEO) The New Zealand Catholic Education Office is the office of the New Zealand Council of Proprietors of Catholic Integrated Schools. It also serves the educational requirements of the New Zealand Catholic Bishops’ Conference. It assists the conference and the proprietors of Catholic integrated schools in their mission of providing Catholic education. Contact: www.nzceo.catholic.org.nz
New Zealand Post-Primary Teachers Association (NZPPTA) The New Zealand Post Primary Teachers Association Te Wehengarua (PPTA) is a voluntary trade union and professional association which represents teachers in secondary schools, area and intermediate schools, training centres, community education, and itinerant music positions. Contact: www.ppta.org.nz
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NZ Secondary Principals' Council (NZSPC) The New Zealand Secondary Principals' Council (NZSPC) represents secondary and area school principals who are members of PPTA. The independent voice of NZSPC reflects the unique role principals play in the education system - a voice that is often sought by educational bodies, policy makers and the media. Contact: http://www.ppta.org.nz/index.php/nzspc-home
New Zealand Educational Institute (NZEI) The NZEI Te Riu Roa is the education union representing the majority of teachers and early childhood workers in early childhood and primary education sectors, and support staff in schools and education institutions whose function is to support administration, teachers of pupils in the early childhood, primary, area and secondary schools. Contact: www.nzei.org.nz
Service and Food Workers Union (SFWU) The Service and Food Workers Union represents caretakers and cleaners and some support staff in schools. Contact: www.sfwu.org.nz
New Zealand Principals Federation (NZPF) NZPF provide leadership, advocacy, and support for principals in their professional role Contact: www.nzpf.ac.nz
Secondary Principals’ Association of New Zealand (SPANZ) SPANZ is an autonomous national association for secondary school principals, advancing education through professional leadership, support, and advocacy. It is also a registered union. Contact: www.spanz.school.nz
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