Education (De-privatisation of Schools) Amendment Bill

1. Title

This Act may be cited as the Education (De-privatisation of Schools) Amendment Act 2020.

2. Commencement

(1) Section 23 comes into force on the day after the date on which this Act receives the Royal assent.

(2) The rest of this Act comes into force on 1 January 2021.

3. Purpose

The purpose of this Act is to abolish partnership schools kura hourua (“charter schools”) in New Zealand.

4. Principal Act

This Act amends the Education Act 1989 (the principal Act).

5. Section 2 amended (Interpretation)

(1) In section 2(1), repeal the definitions of partnership school contract, partnership school kura hourua, primary partnership school kura hourua, and sponsor.

(2) In section 2(1), definition of registered school, omit “, a partnership school kura hourua,”.

6. Section 3 amended (Right to free primary and secondary education)

Omit “or partnership school kura hourua”.

7. Section 16 amended (Secretary’s powers when excluded student younger than 16)

(1) Repeal section 16(1)(ba).

(2) Repeal section 16(2A).

(3) Repeal section 16(5).

8. Section 17D amended (Re-enrolment of excluded or expelled student)

(1) In section 17D(2), omit “or a partnership school kura hourua”.

(2) Repeal section 17D(3A).

(3) Repeal section 17D(5).

9. Section 25 amended (Students required to enrol must attend school)

(1) In section 25(2), omit “and every sponsor of a partnership school kura hourua”.

(2) In section 25(7), omit “or a sponsor”.

10. Section 31 amended (Ensuring attendance of students)

(1) Repeal section 31(1A).

(2) In section 31(2), omit “or sponsors, or a board and sponsor jointly”.

(3) Repeal section 31(3A).

(4) In section 31(7), omit “, a sponsor” in each place.

(5) Repeal section 31(8A).

11. Section 31B amended (Provider group for secondary-tertiary programme)

Repeal section 31B(a)(ia).

12. Section 31F amended (Recognition as lead provider of secondary-tertiary programme)

Repeal section 31F(ab).

13. Section 31G amended (Lead provider to co-ordinate secondary-tertiary programme)

Repeal section 31G(2)(ab).

14. Section 31I amended (Entry into secondary-tertiary programme)

Repeal section 31I(1)(ba).

15. Section 77A amended (Enrolment records)

Repeal section 77A(5) and (6).

16. Section 120 amended (Interpretation)

(1) In section 120, definition of employer, repeal paragraph (ab).

(2) In section 120, repeal the definitions of partnership school kura hourua and sponsor.

(3) In section 120, definition of professional leader, paragraph (a), omit “other than a partnership school kura hourua”.

(4) In section 120, definition of professional leader, repeal paragraph (ab).

17. Section 120A amended (Restrictions on appointment of teachers)

In section 120A(2), omit “, other than a sponsor,”.

18. Section 120B amended (Restrictions on continued employment of teachers)

(1) In section 120B(2), omit “, other than a sponsor,”.

(2) In section 120B(3), omit “, other than a sponsor,”.

19. Section 137 amended (Offences)

In section 137(1)(h), omit “other than a sponsor”.

20. Section 139A amended (No corporal punishment in early childhood services or registered schools)

(1) Repeal section 139A(1)(ba).

(2) Repeal section 139A(2)(ba).

21. Section 144A amended (Secretary may require information for proper administration of Act)

(1) Repeal section 144A(1)(ab).

(2) In section 144A(1), omit “sponsor,” in each place.

22. Part 12A repealed (Partnership schools kura hourua)

Repeal Part 12A.

23. Section 246 amended (Interpretation)

In section 246, definition of relevant school, omit paragraph (ba).

24. New section 300A inserted

After section 300, insert:

300A. Transitional provisions consequential on abolition of partnership schools kura hourua

(1) At the close of 31 December 2020,—

• (a) every partnership school kura hourua must cease to operate;

• (b) every partnership school contract is voided; and

• (c) the advisory group appointed under section 158C is disestablished.

(2) On or before 31 December 2020, the sponsors of partnership schools kura hourua must ensure that students enrolled in the schools who are required by section 20 to be enrolled at a registered school, or who want to be enrolled at a registered school, are enrolled at a registered school.

(3) As soon as is practicable after 31 December 2020, any sponsor of a partnership school kura hourua who has not already given the Secretary of Education the school’s final audited financial statements must do so.

(4) The Crown is not liable to pay compensation to any person for any loss or damage arising from the amendments in the Education (De-privatisation of Schools) Amendment Act 2020.

(5) In relation to the advisory group,—

• (a) no member is entitled to compensation for loss of office resulting from the group’s disestablishment; and

• (b) the group’s real and personal property and rights and liabilities are vested in the Crown.

(6) On or before 31 December 2020, the Secretary of Education must identify partnership schools kura hourua and draft an individual action plan for each one which is of special character, with the intent of allowing students enrolled in the schools to continue similar methods of schooling.

25. Consequential amendments

The Acts listed in Schedule 1 are amended or repealed in the manner indicated in the Schedule.

Schedule 1: Consequential amendments and repeals

Accident Compensation Act 2001

In section 6(1), definition of place of education, paragraph (a)(i), replace “, or a secondary school registered under section 35A of the Education Act 1989, or a secondary partnership school kura hourua or composite partnership school kura hourua (within the meaning of section 158A of the Education Act 1989)” with “or a secondary school registered under section 35A of the Education Act 1989”.

Health Act 1956

(1) In section 125(1), repeal the definition of partnership school kura hourua.

(2) In section 125(2), omit “, partnership school kura hourua,”.

Immigration Act 2009

(1) In section 4, definition of compulsory education, paragraph (a), omit “, or at a partnership school kura hourua (within the meaning of section 2(1) of that Act)”.

(2) In section 4, definition of course of study, paragraph (a)(i), omit “, or by a partnership school kura hourua (within the meaning of section 2(1) of that Act)”.

Income Tax Act 2007

Repeal section CW 55BB(1)(b)(ia)

Local Government (Rating) Act 2002

In Schedule 1, repeal clause 6(b)(vi).

Official Information Act 1982

In section 2, definition of organisation, paragraph (a), replace “Parliamentary Service, mortality review committees, or sponsors (within the meaning of section 2(1) of the Education Act 1989) when performing functions under the Education Act 1989 or a partnership school contract (within the meaning of section 2(1) of the Education Act 1989)” with “Parliamentary Service or mortality review committees”.

Ombudsmen Act 1975

(1) Repeal section 2(5).

(2) In Schedule 1, Part 2, omit “sponsors (within the meaning of section 2(1) of the Education Act 1989) when performing a standing-down, suspension, exclusion, or expulsion function”.

Education (Charter Schools Abolition) Amendment Act 2018

Repeal the entire Act.

Education (Reintroduction of Charter Schools) Amendment Act 2019

Repeal the entire Act.

Education (Progress Not Profit) Amendment Act 2020

Repeal the entire Act.

B.303 - Education (De-privatisation of Schools) Amendment Bill was authored by /u/forgottomentionpeter (Greens) and /u/SoSaturnistic (Labour) and is sponsored by the Minister of Education, /u/Frod02000 (Greens), on behalf of the government.

Debate will conclude at 6 PM, 29/07/2020.