Office of the Minister of Education Cabinet Social Policy Committee ESTABLISHING A TASKFORCE ON REGULATIONS AFFECTING SCHOOL PERFORMANCE Proposal 1. I propose that Cabinet agree to the establishment of a Taskforce on Regulations Affecting School Performance (the Taskforce). Executive summary 2. The proposed Taskforce would fulfil a requirement of the ACT/National Confidence and Supply agreement. 3. New Zealand s education system performs well for most, but not for our most vulnerable students. We need to make it easier for schools to raise achievement for all students by identifying and addressing regulatory issues that are holding schools back. 4. I propose to establish a Taskforce to engage the wider education sector (including parents and communities) in a discussion of the extent to which regulation may distract or hinder schools from focussing on raising student achievement. 5. I expect the Taskforce will meet for the first time in December 2013 or January 2014. I anticipate the Taskforce will have completed its work by the end of this parliamentary term. 6. The Taskforce will provide an interim report containing recommended changes of an easily-implemented and effective nature to me by 30 May 2014. A final report will be provided to me by 30 June 2014. Background 7. The ACT/National Confidence and Supply agreement includes a commitment to establish a taskforce "to produce a comprehensive report on governance issues relating to policy towards state, integrated and independent schools". 8. The foremost piece of legislation relating to the education system is the Education Act 1989 (the Act). The Act sets out the establishment and activities of state, integrated and private (independent) schools. Further legislation relating to integrated schools is contained in the Private Schools Conditional Integration Act 1975. A range of other legislation applies to schools, as listed in Appendix A.
9. State and integrated schools are governed by Boards of Trustees (Boards), while independent schools are run by Managers (which may be boards or individuals). 10. School Boards are classified as Crown Entities under the Crown Entities Act 2004, and established by the Act. The Act gives a Board complete discretion to control the management of the school as it thinks fit. Recent changes made through the Education Amendment Act 2013 established that Boards should exercise this control with the aim of ensuring that every student at the school is able to attain his or her highest possible standard in educational achievement. 11. The lack of detail provided by the Act on the statutory functions of Boards is inconsistent with other Crown entities, whose statutory functions are set out clearly in the statute establishing them. 12. The Act is supported by the National Education Goals (statements of government policies and objectives) and the National Administration Guidelines (desirable principles of conduct or administration). In addition, schools must consider or comply with the curriculum, National Standards, New Zealand Qualifications Authority requirements, Ministry of Education (Ministry) guidance and a range of other legislation (as listed in Appendix A). All of these elements combine to make a complicated regulatory framework that is very detailed in some areas (eg the contents of the charter required by the Act) and very sparse in others (eg the role of a Board). 13. Private schools Managers have equal freedom to act as they see fit. They have fewer accountability requirements, as they are simply required to meet the standards for registration (appropriate facilities and tuition) and provide the Ministry with an account of their income and expenditure for each year. Rationale for a regulatory review 14. The Government has undertaken numerous initiatives to address the education system s underperformance for our most vulnerable students. A review of regulatory 1 issues that may be holding schools back is complementary to these initiatives, by exploring ways to make it easier for schools to focus on raising achievement for all students, but particularly the most at risk of failure. 15. Poor regulatory design and implementation can result in unnecessary costs to society and weaken the government s ability to achieve important public policy objectives. 2 In the case of schools, we want to ensure that regulations are not unduly undermining schools ability to focus on achievement for all students. 16. Since 1989, the rules, regulations and guidelines that underpin the education system have been added to and edited in an ad hoc manner. These regulations may be imposing undue reporting and administrative burdens on schools, impairing operating flexibility, and distracting them from their core purpose. A fresh view offers opportunities to de-clutter how schools are run. 17. The Treasury s 2011 review of the Ministry s regulatory framework found that generally there are no significant concerns. However, regulatory burdens are not necessarily located only in legislation; the potential for unnecessary regulatory burdens can arise 1 Regulation can be defined for the scope of this review as any legislation, guidance, regulations, policy or requirements relating to schools 2 New Zealand Productivity Commission, Towards better local regulation 2013
from problems with regulations themselves, poor enforcement or administration, and unnecessary duplication and inconsistency. 3 The guidance, interpretation and consistency of regulations on schools may be adding extra burdens and limits on schools that are not required by legislation. 18. We know that the key characteristic of effective boards is an unwavering focus on student learning and achievement. 4 Anything that diverts this focus can be a barrier to raising student achievement. For example, in a recent survey 71% of principals reported that they desire more time for educational leadership. 5 We need to clarify what effect the current regulatory framework is having on schools, and identify any changes that can be made to reduce barriers and increase flexibility. Establishing the Taskforce 19. The Taskforce will be independent from existing education agencies, encouraging open feedback and discussion from the education sector. The Taskforce will provide the opportunity to bring together some of New Zealand s best thinkers on regulation, governance, and education. Combining wider expertise in governance and regulation with practical education experience will enable the Taskforce to consider better ways of regulating the education system. Activities of the Taskforce 20. I propose that the Taskforce will engage the wider education sector (including parents and communities) in a discussion of the extent to which regulations may distract or hinder schools from focussing on raising achievement for all, but in particular for our most vulnerable students. 21. I propose to ask the Taskforce to recommend changes to existing practices, rules and regulations in order to achieve better educational outcomes. It will also identify areas of possible change that would benefit from further investigation. 22. The taskforce will assess (using research, and governance and sector expertise) the degree to which each proposed change is likely to contribute to raising student achievement. Scope of the review 23. I have carefully considered the scope of the review, in the context of my desire to see improvements to the education system. New Zealand s devolved education system means that Boards and Managers are accountable for school performance. However, many of the regulations affecting schools impact not only on boards, but also on the principal, teachers and administrators. A review with a wide scope offers greater opportunity to identify significant improvements by considering the full picture, and gaining input and ideas from a greater range of stakeholders. 24. While most students are achieving well, there is a significant group of students that are not achieving across all levels of compulsory education. This variation in student 3 Australian Government Productivity Commission, What is an unnecessary regulatory burden? in Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector, April 2009, p.29 4 Ministry of Education, The impact of school governance on student achievement a selective review of the evidence, Wellington, November 2012, p.4 5 Wylie, C., Secondary Schools in 2012: Main findings from the NZCER national survey, 2013, p.18
achievement is the primary challenge facing our school system, and therefore I propose that the review investigate regulations that may distract or hinder schools from focussing on raising achievement for all, but in particular for our most vulnerable students. 25. The Taskforce will report to the Minister of Education. The Taskforce will consider, but is not limited to, the following matters in relation to raising student achievement: What regulatory barriers to effective governance do Boards and Managers experience? How would increased regulatory flexibility relating to governance structures, processes and functions enhance effective governance? What regulatory barriers to effective school management do schools experience? How would increased regulatory flexibility increase the effectiveness of school management? To what extent are schools aware of and use, existing regulatory flexibility? How can increased awareness and use of opportunities for flexibility within existing regulations be facilitated? 26. The Taskforce will not consider: re-litigating the underlying intent of Tomorrow s Schools ie schools status as individual Crown Entities governed by Boards; matters that are currently the subject of Government education initiatives; National Standards reporting; ending school types or creating new ones; or changes that would reduce or increase government spending on education. 27. The attached draft Terms of Reference (TOR) outlines the purpose and activities of the Taskforce in more detail (Appendix B). I propose to agree the final TOR with the Chair of the Taskforce once appointed. 28. Secretarial and policy support will be provided by officials, and additional analytical support will be secured as needed. Timeframes and deliverables 29. I wish to establish the Taskforce immediately following a Cabinet appointments process, and expect it to meet for the first time in December 2013 or January 2014. The Taskforce will need to move quickly given the tight timescale for this work. I anticipate the Taskforce will have completed its work by the end of this parliamentary term. 30. An interim report containing recommended changes of an easily-implemented and effective nature will be provided to me by 30 May 2014. A final report will be provided to me by 30 June 2014. The Minister of Education will decide when and how to release the reports to the public.
31. The Taskforce will provide regular updates to the Minister of Education as agreed with the Chair of the Taskforce. 32. All information gathered by the Taskforce in the course of its activity, and any reports that the Taskforce produces, will be held by the Ministry and will be subject to the Official Information Act. Membership of the Taskforce 33. I am currently considering a list of potential nominees for a Chair and up to six other Taskforce members. I will bring nominations to Cabinet via the Appointments and Honours Committee. Once the nominations are approved, I will appoint the members of the Taskforce. 34. The fees paid to members will be determined with reference to the Fees Framework for members appointed to bodies in which the Crown has an interest, as agreed by Cabinet in 2012 [APH Min (12) 25/12 and CAB Min (12) 43/4]. Risks 35. I have identified some risks to the establishment of the Taskforce. These risks and their mitigation strategies are outlined below. Risk Rating Mitigation The review may raise contentious issues for the sector eg zoning We will not be able to find high quality candidates for the Taskforce at short notice The public nature of the Taskforce consultation may raise expectations of immediate changes The education sector may not want to engage with this process as they feel it has been done before, or they do not expect significant changes to result There may be suspicion from the sector that there is an agenda behind the review Very High risk The Taskforce is intended to have an open consultation process, and the discussion of contentious issues is to be expected. We will appoint a Taskforce Chair with skills in conflict management and bringing diverse stakeholders together. A targeted search for candidates will take place, and flexibility regarding time commitments should enable some candidates to take part. The interim report will provide opportunities for policy changes to be made in mid 2014. Any proposed legislative changes will not be made until 2015, and clarifying this in Taskforce communications will enable realistic expectations. The Taskforce will be provided with advice on all previous related work, to ensure they do not repeat previous processes inadvertently. The clear sponsorship by the Minister of Educaton will indicate a willingness to make changes and the interim report will provide opportunities for policy changes to be made in mid 2014. This will be mitigated by placing emphasis on the clear intent of the Taskforce to make it easier for schools to raise student achievement, and the planned open consultation process. The scope and context of The Taskforce communications will clarify the scope
the review may not be easily understandable to communities and the sector The current regulatory settings are so broad that it may be difficult to identify any changes that can practically be made Unlikely and interests of the review. I will consider issuing a discussion document to provide more guidance to interested parties, and face-to-face public meetings will allow discussion. While our regulatory settings are broad, there are areas where regulation is not fulfilling its intended purpose. Most schools are not taking up the flexibility currently allowed by regulation, and the Taskforce may also recommend ways to encourage this. Consultation 36. The Treasury and the State Services Commission have been consulted on a draft of this paper and their comments have been incorporated. 37. The Department of Prime Minister and Cabinet has been informed. Financial implications 38. The costs associated with the Taskforce will be met by the Ministry within existing departmental baselines. The Chair of the Taskforce and the Ministry will agree an appropriate budget process for funding the activities of the Taskforce. 39. As with the fees paid to members, any reimbursement of expenses will be determined with reference to the Fees Framework for members appointed to bodies in which the Crown has an interest, as agreed by Cabinet in 2012 [APH Min (12) 25/12 and CAB Min (12) 43/4]. Human rights, regulatory impacts, disability perspective and gender implications 40. There are no human rights, regulatory, disability or gender implications arising from this paper. 41. This proposal is consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Legislative implications 42. Legislative amendments are not required to establish the Taskforce. 43. The Taskforce may make recommendations for legislative change as part of its reports to Ministers. I will consider these recommendations and keep Cabinet informed as necessary. Publicity 44. I will announce the establishment of the Taskforce, once Cabinet approval has been gained. I intend to release this paper and related Cabinet decisions online, subject to any deletions that would be justified if the information had been requested under the Official Information Act 1982.
45. Media interest in the Taskforce is likely to be neutral in tone. However, some elements of the education sector may respond negatively. This will be mitigated by placing emphasis on the clear intent of the Taskforce to make it easier for schools to raise student achievement, and the planned open consultation process. 46. The Taskforce will undertake a programme of public consultation in early 2014. An engagement and communications strategy will be developed for this work. Recommendations The Minister of Education recommends that the Committee: 1. note that the ACT/National Confidence and Supply agreement agreed to establish a taskforce "to produce a comprehensive report on governance issues relating to policy towards state, integrated and independent schools" 2. note that New Zealand s education system performs well for most, but not for our most vulnerable students 3. note that New Zealand s education system is guided by a complicated regulatory framework that is very detailed in some areas and very sparse in others 4. note that we need to make it easier for schools to raise achievement for all students by identifying and addressing regulatory issues that are holding schools back 5. agree to the establishment of a Taskforce on Regulations Affecting School Performance (the Taskforce), reporting to the Minister of Education 6. agree that the Taskforce will: a. engage the wider education sector (including parents and communities) in a discussion of the extent to which regulation may distract or hinder schools from focussing on raising achievement for all, but in particular for our most vulnerable students b. recommend changes to existing practices, rules and regulations in order to achieve better educational outcomes c. assess (using research, and governance and sector expertise) the degree to which each proposed change is likely to contribute to raising student achievement d. identify areas of possible change that would benefit from further investigation. 7. note the attached draft Terms of Reference (TOR) for the Taskforce and that the final TOR will be agreed with the Chair of the Taskforce once appointed 8. note that the Taskforce will be established by December 2013 and is expected to finish its work before the end of this parliamentary term 9. note that the Taskforce will have a Chair and up to six other members
10. note that nominations for the Taskforce will be considered by the Appointments and Honours Committee and approved by Cabinet 11. note that I will announce the establishment of the Taskforce, once Cabinet approval has been gained 12. note that I intend to release this paper and related Cabinet decisions online, subject to any deletions that would be justified if the information had been requested under the Official Information Act 1982. Hon Hekia Parata Minister of Education / /
Appendix A Legislation that applies (in whole or part) to schools Education Act 1989 Private Schools Conditional Integration Act 1975 Crown Entities Act 2004 Education Act 1964 Education (School Trustee Elections) Regulations 2000 Local Government Official Information and Meetings Act 1987 Official Information Act 1982 Privacy Act 1993 Protected Disclosures Act 2000 Public Finance Act 1989 Education (2009 School Staffing) Order Employment Relations Act 2000 Health and Safety in Employment Act 1992 Holidays Act 2003 Human Rights Act 1993 Parental Leave and Employment Protection Act 1987 State Sector Act 1988 Wages Protection Act 1983 Building Act 2004 Education Lands Act 1949