October 26, 2014


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Education Law in New Zealand- updated with extra links

We are often asked:

“What does the law say about homeschooling in New Zealand?”

Here is the Act: New Zealand Education Act 1989

The law: New Zealand citizens and residents between 6 and 16 to go to school

PART III ENROLMENT AND ATTENDANCE OF STUDENTS
20 New Zealand citizens and residents between 6 and 16 to go to school
  • (1) Except as provided in this Act, every person who is not an international student is required to be enrolled at a registered school at all times during the period beginning on the person’s sixth birthday and ending on the person’s 16th birthday.

    (2) Before a child’s seventh birthday, the child is not required to be enrolled at any school more than 3 kilometres walking distance from the child’s residence.

    Compare: 1964 No 135 ss 108, 109

    Section 20 heading: amended, on 1 January 1993, by section 5 of the Education Amendment Act (No 4) 1991 (1991 No 136).

    Section 20(1): amended, on 30 August 2011, by section 13 of the Education Amendment Act 2011 (2011 No 66).

    Section 20(1): amended, on 1 January 1993, by section 5(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Home Education: Long term exemptions from enrolment

21 Long term exemptions from enrolment
  • (1) An employee of the Ministry designated by the Secretary for the purpose (in this section and section 26 referred to as a designated officer) may, by certificate given to a person’s parent, exempt the person from the requirements of section 20,—

    • (a) on the parent’s application; and

    • (b) if satisfied that the person—

      • (i) will be taught at least as regularly and well as in a registered school; or

      • (ii) in the case of a person who would otherwise be likely to need special education, will be taught at least as regularly and well as in a special class or clinic or by a special service.

    (2) A certificate under subsection (1) continues in force until it is revoked or expires under this section.

    (3) If a designated officer refuses to grant a certificate under subsection (1), the applicant parent may appeal to the Secretary who, after considering a report on the matter from the Chief Review Officer, shall confirm the refusal or grant a certificate.

    (4) The Secretary’s decision is final.

    (5) Every certificate under subsection (1) or subsection (3) shall state why it was given.

    (6) Subject to subsection (7), the Secretary may at any time revoke a certificate under subsection (1) or subsection (3).

    (7) The Secretary shall not revoke a certificate under subsection (1) or subsection (3), unless, after having—

    • (a) made reasonable efforts to get all the relevant information; and

    • (b) considered a report on the matter from the Chief Review Officer,—

    the Secretary is not satisfied of whichever of the grounds specified in subsection (1)(b) the certificate was originally granted on.

    (8) If the Secretary thinks any person exempted under subsection (1) would be better off getting special education, the Secretary may revoke the certificate and issue a direction under section 9.

    (8A) A certificate for the time being in force under subsection (1) or subsection (3) expires when the person to whom it applies turns 16 or enrols at a registered school, whichever happens first.

    (9) Every certificate of exemption under section 111 of the Education Act 1964 that was in force on 30 September 1989 shall be deemed to have been granted—

    • (a) on the ground specified in subsection (1)(b)(i) if it was in fact granted—

    • (b) on the ground specified in subsection (1)(b)(ii) if it was in fact granted—

    and may be revoked under this section accordingly.

    Section 21(2): amended, on 19 December 1998, by section 10(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

    Section 21(6): amended, on 23 July 1990, by section 10 of the Education Amendment Act 1990 (1990 No 60).

    Section 21(8A): inserted, on 19 December 1998, by section 10(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).

    Section 21(9): inserted, on 1 January 1990, by section 8 of the Education Amendment Act 1989 (1989 No 156).

    Section 21 compare note: repealed, on 20 May 2010, by section 11 of the Education Amendment Act 2010 (2010 No 25).

walking distance, in relation to travel between a person’s residence and a school,—
  • (a) where there is no public transport that the person can conveniently use, means the distance (measured along the most direct route by public road, public footpath, or combination of both) between the residence and the school; and

  • (b) where in both directions there is public transport that the person can conveniently use, means the sum of the following distances (each measured along the most direct route by public road, public footpath, or combination of both) or, where the sum is greater in one direction than the other, the greater sum:

    • (i) the distance between the residence and the place where public transport must first be taken (or, as the case may be, finally be left); and

    • (ii) the distance between the school and the place where public transport must finally be left (or, as the case may be, first be taken); and

    • (iii) every intermediate distance between one element of public transport and another

Extra links:

Special education
Secretary’s powers when excluded student younger than 16
Employment of school-age children
Ensuring attendance of students
Effect of exemption
Penalty for failure to enrol
Exemption from attendance
Burden of proof on parents

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HSLDA: Caring for Families with Special Needs

Caring for Families with Special Needs

Homeschooling may be the best way to meet the special needs of children who learn differently. After all, the very nature of home education is that each child gets an “individualized education plan.” The HSLDA struggling learner-special needs department exists to equip and encourage families in this endeavor. Read more >>

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From the Smiths:

http://hef.org.nz/2011/craig-smith-26-january-1951-to-30-september-2011/

Updated: 30 September 2013:  One year on (Craig Smith’s Health) page 7 click here

*****

Needing help for your home schooling journey:

http://hef.org.nz/2011/needing-help-for-your-home-schooling-journey-2/

And

Here are a couple of links to get you started home schooling:

http://hef.org.nz/getting-started-2/

and

http://hef.org.nz/exemptions/

This link is motivational:http://hef.org.nz/2012/home-schooling-what-is-it-all-about/

Exemption Form online:http://hef.org.nz/2012/home-schooling-exemption-form-now-online/

Coming Events:http://hef.org.nz/2013/some-coming-events-for-home-education-during-2013-2/

Please like & share:

Education Law in New Zealand

We are often asked:

“What does the law say about homeschooling in New Zealand?”

Here is the Act:

New Zealand Education Act 1989

The law: New Zealand citizens and residents between 6 and 15 to go to school

PART III ENROLMENT AND ATTENDANCE OF STUDENTS 
20 New Zealand citizens and residents between 6 and 16 to go to school
  • (1) Except as provided in this Act, every person who is not an international student is required to be enrolled at a registered school at all times during the period beginning on the person’s sixth birthday and ending on the person’s 16th birthday.

    (2) Before a child’s seventh birthday, the child is not required to be enrolled at any school more than 3 kilometres walking distance from the child’s residence.

    Compare: 1964 No 135 ss 108, 109

    Section 20 heading: amended, on 1 January 1993, by section 5 of the Education Amendment Act (No 4) 1991 (1991 No 136).

    Section 20(1): amended, on 30 August 2011, by section 13 of the Education Amendment Act 2011 (2011 No 66).

    Section 20(1): amended, on 1 January 1993, by section 5(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Home Education: Long term exemptions from enrolment

21 Long term exemptions from enrolment
  • (1) An employee of the Ministry designated by the Secretary for the purpose (in this section and section 26 referred to as a designated officer) may, by certificate given to a person’s parent, exempt the person from the requirements of section 20,—

    • (a) on the parent’s application; and

    • (b) if satisfied that the person—

      • (i) will be taught at least as regularly and well as in a registered school; or

      • (ii) in the case of a person who would otherwise be likely to need special education, will be taught at least as regularly and well as in a special class or clinic or by a special service.

    (2) A certificate under subsection (1) continues in force until it is revoked or expires under this section.

    (3) If a designated officer refuses to grant a certificate under subsection (1), the applicant parent may appeal to the Secretary who, after considering a report on the matter from the Chief Review Officer, shall confirm the refusal or grant a certificate.

    (4) The Secretary’s decision is final.

    (5) Every certificate under subsection (1) or subsection (3) shall state why it was given.

    (6) Subject to subsection (7), the Secretary may at any time revoke a certificate under subsection (1) or subsection (3).

    (7) The Secretary shall not revoke a certificate under subsection (1) or subsection (3), unless, after having—

    • (a) made reasonable efforts to get all the relevant information; and

    • (b) considered a report on the matter from the Chief Review Officer,—

    the Secretary is not satisfied of whichever of the grounds specified in subsection (1)(b) the certificate was originally granted on.

    (8) If the Secretary thinks any person exempted under subsection (1) would be better off getting special education, the Secretary may revoke the certificate and issue a direction under section 9.

    (8A) A certificate for the time being in force under subsection (1) or subsection (3) expires when the person to whom it applies turns 16 or enrols at a registered school, whichever happens first.

    (9) Every certificate of exemption under section 111 of the Education Act 1964 that was in force on 30 September 1989 shall be deemed to have been granted—

    • (a) on the ground specified in subsection (1)(b)(i) if it was in fact granted—

    • (b) on the ground specified in subsection (1)(b)(ii) if it was in fact granted—

    and may be revoked under this section accordingly.

    Section 21(2): amended, on 19 December 1998, by section 10(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

    Section 21(6): amended, on 23 July 1990, by section 10 of the Education Amendment Act 1990 (1990 No 60).

    Section 21(8A): inserted, on 19 December 1998, by section 10(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).

    Section 21(9): inserted, on 1 January 1990, by section 8 of the Education Amendment Act 1989 (1989 No 156).

    Section 21 compare note: repealed, on 20 May 2010, by section 11 of the Education Amendment Act 2010 (2010 No 25).

Special education

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From the Smiths:

http://hef.org.nz/2011/craig-smith-26-january-1951-to-30-september-2011/

Updated  8 July 2012: Life for Those Left Behind (Craig Smith’s Health) page 6 click here

*****

Needing help for your home schooling journey:

http://hef.org.nz/2011/needing-help-for-your-home-schooling-journey-2/

And

Here are a couple of links to get you started home schooling:

http://hef.org.nz/getting-started-2/

and

http://hef.org.nz/exemptions/

This link is motivational:
http://hef.org.nz/2012/home-schooling-what-is-it-all-about/

Please like & share:

From the HSLDA: UN Disabilities Treaty Poses New Danger

UN Disabilities Treaty Poses New Danger

The UN Convention on the Rights of Persons with Disabilities attacks the authority of parents and adds the government as a primary decision maker in a child’s life. Read more >>

This is one of the reasons why we suggest to those filling out exemptions forms not to mention that their children have special needs. Parents are far more intune with their child’s particular needs and how to help them. Our children get lost in the classroom with limited one-on-one help. We have heard many horror stories from parents with special needs children in school. And even more so now as funding is slowly being cut in these areas.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From the Smiths:

http://hef.org.nz/2011/craig-smith-26-january-1951-to-30-september-2011/

Updated 22 May 2012: Life for Those Left Behind (Craig Smith’s Health) page 6 click here

*****

Needing help for your home schooling journey:

http://hef.org.nz/2011/needing-help-for-your-home-schooling-journey-2/

And

Here are a couple of links to get you started home schooling:

http://hef.org.nz/getting-started-2/

and

http://hef.org.nz/exemptions/

This link is motivational:
http://hef.org.nz/2012/home-schooling-what-is-it-all-about/

Please like & share:

Court fight looms over rights of disabled

LANE NICHOLS

DIFFICULT STRUGGLE: Vanessa O'Sullivan with her two sons, James, 9, and Trent, 12. The boys are autistic and James also has intellectual disabilities and needs more teacher aide hours to learn at school. Mrs O'Sullivan raised $10,000 to get James an assistance dog called Andy. 

KENT BLECHYNDEN/Fairfax NZ
DIFFICULT STRUGGLE: Vanessa O’Sullivan with her two sons, James, 9, and Trent, 12. The boys are autistic and James also has intellectual disabilities and needs more teacher aide hours to learn at school. Mrs O’Sullivan raised $10,000 to get James an assistance dog called Andy.

Human Rights Commission lawyers have agreed to take up a complaint alleging that state schools are discriminating against thousands of disabled pupils.

The rare step is a significant milestone as IHC seeks a declaration that the Education Ministry and schools are treating intellectually and physically impaired pupils unlawfully.

If IHC is successful, the Government could be found in breach of the Human Rights Act and face orders for compensation.

It is nearly four years since the complaint was first lodged with the commission. The stage is now set for years more legal action and appeals.

IHC claims the state education system is failing pupils with special needs and illegally denying them the right to an education at their local schools.

Read the rest of this article here: http://www.stuff.co.nz/national/education/6558154/Court-fight-looms-over-rights-of-disabled

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From the Smiths:

http://hef.org.nz/2011/craig-smith-26-january-1951-to-30-september-2011/

Updated 24 February 2012: Life for Those Left Behind (Craig Smith’s Health) page 6 click here

*****

Needing help for your home schooling journey:

http://hef.org.nz/2011/needing-help-for-your-home-schooling-journey-2/

And

Here are a couple of links to get you started home schooling:

http://hef.org.nz/getting-started-2/

and

http://hef.org.nz/exemptions/

This link is motivational:
http://hef.org.nz/category/all-about-education/

 

 

Please like & share:

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