E.S.O.L. CONFERENCE E.S.O.L. and The Law Public Policy (Public Good)

Effective citizenship is predicated on basic standards of literacy and numeracy Effective citizenship is predicated on basic standards of literacy and numeracy The socio-economic well-bring of N.Z is dependent upon a literate, numerate and well- educated workforce The socio-economic well-bring of N.Z is dependent upon a literate, numerate and well- educated workforce

Education (particularly compulsory school sector) is the conduit by which children become effective citizens and are prepared for tertiary studies and the workforce Education (particularly compulsory school sector) is the conduit by which children become effective citizens and are prepared for tertiary studies and the workforce The Crown, through its Education Vote, invests billions of dollars annually to effect its objectives The Crown, through its Education Vote, invests billions of dollars annually to effect its objectives

There are substantial socio-economic cost to N.Z and the individual in getting it wrong e.g unemployment, crime, mental illness, poverty, social alienation There are substantial socio-economic cost to N.Z and the individual in getting it wrong e.g unemployment, crime, mental illness, poverty, social alienation

Legal Framework Rights (entitlements in law) Rights (entitlements in law) Responsibilities (obligations in law) Responsibilities (obligations in law) Conflict Resolution (MOE, ERO, Human Rights Commissioner, Ombudsman, Courts) Conflict Resolution (MOE, ERO, Human Rights Commissioner, Ombudsman, Courts) Remedies (Censure, Injunction, Remedial Action, Damages) Remedies (Censure, Injunction, Remedial Action, Damages)

Rights Articles 28, 29, 30 Articles 28, 29, 30 A 29 (c) Development of respect for the child’s parents, his or her cultural identity, language and values A 29 (c) Development of respect for the child’s parents, his or her cultural identity, language and values A30 In those states in which ethnic, religious or linguistic minorities exist…… to enjoy his or her own culture, to profess and practice his or her own religion or to use his or her own language A30 In those states in which ethnic, religious or linguistic minorities exist…… to enjoy his or her own culture, to profess and practice his or her own religion or to use his or her own language

United Nations Declaration On The Rights Of Children 1989 United Nations Declaration On The Rights Of Children 1989 N.Z is a signatory N.Z is a signatory Declaration consistent with N.Z law Declaration consistent with N.Z law

Education Act 1989 Section 3 – Right to Free Education Section 3 – Right to Free Education Section 61 – School Charters Section 61 – School Charters Section 61 (2) – Incorporates NEG’s Section 61 (2) – Incorporates NEG’s Section 61 (3)(a)(i) – Developing policies and practices that reflect N.Z’s cultural diversity and the unique position of Maori culture Section 61 (3)(a)(i) – Developing policies and practices that reflect N.Z’s cultural diversity and the unique position of Maori culture Must develop a learning programme (IEP) to meet the needs of each student Must develop a learning programme (IEP) to meet the needs of each student ESOL students ESOL students *Assess needs *Assess needs *Develop IEP *Develop IEP *Allocate resources *Allocate resources *Monitor progress *Monitor progress

Categories of ESOL Domestic students Domestic students Full immersion Te Reo students into mainstream Full immersion Te Reo students into mainstream Foreign fee paying students Foreign fee paying students

You must define immigration status – citizens, permanent resident, work permit etc You must define immigration status – citizens, permanent resident, work permit etc Take all reasonable steps – check passport Take all reasonable steps – check passport

Foreign fee paying students Foreign fee paying students Section 4 Education Act (3) not to displace a domestic student Section 4 Education Act (3) not to displace a domestic student Contractual relationship Contractual relationship Offer, Acceptance, Consideration Offer, Acceptance, Consideration Code of Practice – minimum standards of curriculum delivery and pastoral care Code of Practice – minimum standards of curriculum delivery and pastoral care

Don’t over inflate ‘services’ Don’t over inflate ‘services’ Must be fit for purpose Must be fit for purpose Consumer Guarantees Act Consumer Guarantees Act Complaints to EAA Complaints to EAA Sensitivity to export education & NZ reputation Sensitivity to export education & NZ reputation

Language and Culture Language an expression of culture (religion) Language an expression of culture (religion) Human Rights Act 1993 Human Rights Act 1993 Prohibited grounds, race, ethnic and national origins Prohibited grounds, race, ethnic and national origins

Indirect Discrimination Prohibition on speaking and writing in first language at school Prohibition on speaking and writing in first language at school Prohibition on religious expression state school i.e prayer, karakia, reciting Koran Prohibition on religious expression state school i.e prayer, karakia, reciting Koran

Section 13 NZ Bill of Rights Act 1990 – freedom of thought, conscience and religion Section 13 NZ Bill of Rights Act 1990 – freedom of thought, conscience and religion Section 19 Freedom from Discrimination Section 19 Freedom from Discrimination Side 15 Side 15

Bullying in schools on one of the prohibited grounds under the Human Rights Act or Bill of Rights Bullying in schools on one of the prohibited grounds under the Human Rights Act or Bill of Rights Possible liability of schools if knew and failed to act or ought to have known Possible liability of schools if knew and failed to act or ought to have known Slide 16 Slide 16

Educational Negligence Lost educational opportunity and career advancement Lost educational opportunity and career advancement Fiduciary Duty Fiduciary Duty

Due Process and Communication Section 77 Education Act 1989 ‘Guidance and Counselling’ Section 77 Education Act 1989 ‘Guidance and Counselling’ Obligation in school to communicate Obligation in school to communicate Imbalance in power relationship vis a vie school and parents Imbalance in power relationship vis a vie school and parents Normally prerequisite to stand down / suspension for continued disobedience Normally prerequisite to stand down / suspension for continued disobedience Provide interpretors cultural sensitivity Provide interpretors cultural sensitivity

Suspension Meeting Requirement to be culturally sensitive and provide information sheets in first language Requirement to be culturally sensitive and provide information sheets in first language