1311 Legal Responsibilities Policy Review - 4 December 2013

Section of Operations Policy Being Reviewed

Legal Responsibilities

The principal will not fail to ensure that:

School procedures meet the legislative statutes and regulations as set down in the appropriate Acts, Ministry of Education circulars and the Education Gazette
The school is required to meet many legislative statutes and regulations. Fortunately the Education Review Office Board Assurance Statement brings the requirements together in their questionnaire. This provides a useful basis for the review of this section of the Operations Policy..
- Items noted as needing attention in the last review have been dealt with.
- Some aspects of Emergency Management are still not well covered in our school documents

Recommendation

That a school Emergency Management Plan is developed using the Ministry template

Section 1 - Board Administration

1. Is the board properly elected and constituted? [section 94 Education Act 1989].

There is a vacancy to be filled

2. Are any conflicts of interest of board members fully declared? [s 103A Ed Act 1989;; Clause 8(8) Sixth Schedule Ed.Act 1989)].

3. Are board meetings properly run? [Parts 7/8 Local Government Official Information and Meetings Act 1987;; Clauses 7/8 Sixth Schedule Ed Act 1989].

4. Are minutes of board meetings properly kept (especially minutes of meetings that exclude the public - commonly called "in committee")? [Good practice;; Local Government Official Information and Meetings Act 1987].

5. Does the charter reflect the purposes set out in section 61(2) of the Education Act 1989 (i.e. establish the mission, aims, objectives, directions, and targets of the board that give effect to the national education guidelines), and provide a base against which the board's actual performance can be assessed?

6. Have newly elected, co-opted or appointed trustees confirmed to the board that they are eligible to be trustees? [s 103B Ed Act 1989].

7. Has the board met all the requirements for planning and reporting? [School Charter;; s 61 Ed Act 1989].

For questions 8 -11, has the board, with the principal and teaching staff:

8. Developed a strategic plan which documents how they are giving effect to the NEGs through their policies, plans and programmes, including those for curriculum, National Standards and assessment? [NAG 2(a)].

9. Maintained an on-going programme of self-review in relation to the above policies, plans and programmes, including evaluation of information on student achievement? [NAG 2(b)].

10. Reported to students and their parents on the achievement of individual students, and Reported to the school's community: * on the achievement of students as a whole, and * on the achievement of groups (identified through NAG 1(c) (i.e students who are not achieving, or are at risk of not achieving or who have special needs). * including the achievement of Māori students against plans and targets referred to in NAG 1(e) (i.e plans and targets for improving the achievement of Māori students) ] [NAG 2(c)] Received regular and useful information aboiut the achievement of Māori students in the school?

11. Reported to students (enrolled in Years 1-8) and their parents on the students' progress and achievement in relation to National Standards? and Reported to parenst in plain language at least twice a year ? [NAG2A]

12. Does the school’s charter have targets on student achievement, including assessment of students in accordance with the National Standards published under section 60A(1)(ba) of the Education Act 1989? [section 61(4) Education Act 1989].

13. Did the board’s annual report include a statement which provides an analysis of any variance between the school’s performance and the relevant aims, objectives, directions, priorities or targets set out in the school charter? [section 87(2)(e)Education Act 1989].

14. Is the board satisfied that the school has been open for instruction for at least the minimum required number of hours per day and days per year? [s 65A and s 65B Ed.Act 1989;; NAG 6].

15. Is the board satisfied student absences are correctly recorded, monitored and followed up? [s 25 Ed Act 1989;; NAG 6;; Education School Attendance Regulations 1951].

16. Does the board ensure all procedures and practices relating to the stand- down/suspension/exclusion and/or expulsion of any student are implemented in accordance with the relevant provisions of the Education Act, the Education Stand-down, Suspensions, Exclusions, and Expulsion Rules 1999 and guidance issued by the Ministry of Education? [ss 13-18 Ed Act 1989].

17. Are there policies/procedures to ensure compliance with legislation, including the non-discrimination provisions in the Human Rights Act? Are these policies/procedures regularly reviewed, and implemented appropriately by the board? [Good practice].

18. Has the board complied with the conditions prescribed by the Minister of Education by Gazette notice under section 71 of the Education Act 1989 in relation to students who undertake work-based learning or work experience? [Write N/A if not applicable].

19. Does the board have guidelines relating to compliance with the Copyright Act 1994 and are they implemented? [Good practice].

20. Has the board complied with the Public Records Act 2005 in relation to the retention and disposal of school records? [also refer to MOE/Archives NZ - School Records Retention/Disposal Information Pack]

Comments/Further Action

Section 2 - Curriculum

(If parts of these Questions are not applicable to your school please write N/A)

Has the board, through the principal and staff:

1. Developed and implemented teaching and learning programmes: (i) providing all students in years 1-10 with opportunities to achieve for success in the following areas:

The Arts

English

Health and Physical Education

Mathematics and Statistics

Science

Social Sciences

Technology

(ii) giving priority to student achievement in literacy and numeracy, especially in years1-8?

(iii) giving priority to regular quality physical activity that develops movement skills for all students, especially in years 1-6?

Has the board, through the principal and staff:

2. Through a range of assessment practices, gathered information that is sufficiently comprehensive to enable the progress and achievement of students to be evaluated, giving priority first to:

(i) student achievement in literacy and numeracy especially in years 1-8 and then to:

(ii) 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 New Zealand Curriculum?

Has the board, through the principal and staff:

3. On the basis of good quality assessment information, identified:

(i) students and groups of students who are not achieving?

(ii) students and groups of students who are at risk of not achieving?

(iii) students and groups of students who have special needs (including gifted and talented students)?

(iv) aspects of the curriculum which require particular attention?

4. Developed and implemented 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 Mäori community, developed and made known to the school's community, policies and/or procedures, plans and targets for improving the achievement of Mäori students?

6. Provided 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?

7(a). Ensured that teachers of students with disabilities, and other contact staff, have a sound understanding of the learning needs of students with disabilities?

7(b). Where necessary, put in place support systems centred on each individual with disabilities? [NAG 1;; NEG 7;; NZ Disability Strategy in Schools].

Has the board, through the principal and staff:

8. Ensured that current practice meets the requirement to base teaching and learning programmes on The New Zealand Curriculum national curriculum statements for:

The Arts

English

Health and Physical Education

Mathematics and Statistics

Science

Social Sciences

Technology

9. Worked towards offering students opportunities for learning second or subsequent languages (Years 7-10)? [The New Zealand Curriculum].

10. Complied with the requirement to adopt a statement on the delivery of the health curriculum, at least once in every two years, after consultation with the school community? [Section 60B Education Act 1989].

Comments/Further Action

Section 3 - Health, Safety and Welfare

Does the board have health and safety policies, and procedures/guidelines/practices linked to:

1. Physical and emotional health of students? [NAG 5].

2. Child abuse? (prevention and reporting) [NAG 5;; Good practice].

3. Behaviour management? [NAG 5;; Good practice].

4. Discipline procedures? [Good practice].

5. Guidance counselling? [NAG 1(vi);; s 77 Ed Act 1989].

6. Dealing with smoking, drugs and alcohol? [NAG 5].

7. Management and recording/administering of medication? [Good practice].

8. Prohibiting the use of force? (corporal punishment) [s 139A Ed Act 1989].

9. Cross cultural awareness? [Good practice].

10. Dealing with parents who are subject to court orders affecting day to day care of, or contact with, a child at school? [NAG 5;; Good practice].

11. Complaints? [Good practice].

12. Internet safety? and, Has the Internet Safety Policy been implemented in the last year? [NAG 5;; Good practice].

13(a). The Code of Practice for School Exempt Laboratories approved by the Environmental Risk Management Authority, about the use of hazardous substances for the teaching of science and technology?

13(b) The Code of Ethical Conduct for the use of Animals in research and teaching in schools? [refer to www.nzase.org.nz/ethics]

14. Protection for staff and students from excessive UV radiation exposure over the summer months? [NAG 5;; Good practice].

15. Prevention of sexual harassment? [ss 62, 68 Human Rights Act 1993;; ss 108, 117, 118 Employment Relations Act 2000].

16. Collection, storage and access to personal information? [Privacy Act 1993].

17. The systematic identification and remedying of existing and potential hazards? [s7 Health and Safety in Employment Act 1992].

18. First aid/notification of accidents, in particular, recording of all accidents as required by the Ministry of Education Health and Safety Code? [Good practice].

19. Plant and machinery safety? [NAG 5;; Health and Safety in Employment Act 1992].

20. Civil defence preparedness? [National Civil Defence Emergency Plan Order 2005;; Good practice].

21. Management of crisis situations including pandemic planning? [NAG 5;; Good practice].

22. School trips/education outside the classroom ␣ risk management procedures? [NAG 5;; Good practice - EOTC Guidelines].

23. Visitors to the school? [Good practice].

24. Care and safety of students in hostels under the Education (Hostels) Regulations 2005, and off site facilities? [Write N/A if not applicable].

25. Has the board regularly reviewed the policies and procedures/guidelines/practices linked to health and safety in questions 1- 24 above, and Satisfied itself, through reports that these policies and procedures/guidelines/practices have been implemented appropriately? [Good practice]

Does the board:

26. Meet the requirements under NAG 5: to promote healthy food and nutrition for all students?

27(a). Through the principal and teaching staff, currently provide anti- bullying programmes for students? and

27(b)(i) Do those anti-bullying programmes include a focus on racist bullying?

27(b)(ii) Do those anti-bullying programmes include a focus on bullying of students with special needs?

27(b)(iii) Do those anti-bullying programmes include a focus on homophobic bullying?

27(b)(iv) Do those anti-bullying programmes include a focus on Sexual harassment? [NAG 5;; Good practice].

Has the board:

28. Satisfied itself, through reports from hostel management, that the hostel provides a safe emotional and physical environment that supports the learning of boarders enrolled at the school? [NAG 5;; Education (Hostels) Regulations 2005].

29. Ensured policies and procedures that relate to students who have special education needs are implemented without discrimination, i.e. they are:

29(a). Objective, value diversity and are integrated within the school curriculum;

29(b). Regularly re-evaluated and developed to enhance effectiveness;;

29(c). Well-communicated to all staff and families, whänau of students and consistently applied;

29(d). In compliance with the Education Act 1989 (section 8) and the NZ Bill of Rights Act (section 19), the Human Rights Act 1993 (section 21), the National Education Guidelines, National Administration Guidelines, National Education Goals, Curriculum Statements, Foundation Curriculum Policy Statements and Special Education Guidelines.

30. Documented and implemented policies and procedures to ensure compliance with the Code of Practice for the Pastoral Care of International Students? [Write N/A if not applicable].

31. As signatory to the Code of Practice for the Pastoral Care of International Students, ensured that it is complying with the Code particularly in terms of:

31(a). Student welfare: Support services for students - Information on international students - Communicating with parents for students under 18 years - Students with additional needs - Monitoring attendance to ensure student welfare

31(b). Accommodation: Accommodation Provisions - Homestays - Boarding Establishments - Designated caregivers - Temporary accommodation - Residential caregivers - Police vetting of accommodation for students under 18 - Complaints procedures

Comments/Further Action

Section 4 - Personnel

Good practice or legal compliance suggests that the board should have:

1. Developed and implemented personnel management policies and/or procedures to meet good employer obligations?? [NAG 3;;s 77A State Sector Act].

2. Developed and implemented policies and procedures for employment and appraisal of staff? [s 77C State Sector Act 1988;; NZ Gazette and relevant Collective Employment Agreement].

3. Annually assessed the principal against all the professional standards for principals? [NZ Ed Gazette: and relevant employment agreement].

4(a). Kept all records for the purposes of the payroll service and given the Secretary for Education all information in accordance with section 89 of the Education Act?

4(b). Complied with section 91F of the Education Act and the relevant Principal's Collective Agreement (i.e. sought the written consent of the Secretary for Education) before paying any additional remuneration to the principal?

5. Ensured that persons without a practising certificate are not permanently appointed to a teaching position? [section 120A(2) Education Act 1989].

6. Ensured that it does not continue to employ in any teaching position, any person (i) whose registration as a teacher has been cancelled; and (ii) who has not since been registered as a teacher again; or (iii) any person whose LAT has been cancelled, and who has not since- (iv) been granted an authorisation again; or (v) been registered as a teacher? [Section 120B(1) Education Act 1989].

7. Received [regular] reports at least once a year in relation to the following, and satisfied itself that they are correctly implemented:

Reports are received on a regular rotation but not necessarily once a year - see Annual Agenda

7(a). Staff appointment process? [Good practice re s 77E-77H State Sector Act 1988].

7(b). Teacher registration (including practising certificates and LATs)? [Good practice re ss 120-120B Ed Act 1989].

7(c). Provisionally registered teachers induction programme? [Good practice].

7(d). Assessment of teachers against the professional standards? [Good practice re s 77C State Sector Act 1988: NZ Gazette and relevant Collective Employment Agreement ].

7(e). Salary increments as a result of a positive assessment against all professional standards at the teacher's level? [Good practice; relevant Teachers' Collective Employment Agreement].

7(f). Staff professional development programme and outcomes? [Good practice].

7(g) Personnel policy (including EEO programme)? [Good practice re s 77A State Sector Act 1988].

8. Established and implemented procedures for the police vetting of employees and contractors as required by the Education Act 1989 Sections 78C to 78CD (or subsequent amendments to the Act)?

9. Reported in its annual report on the extent of its compliance with the personnel policy on being a good employer (including the equal employment opportunities programme)? [s 77A State Sector Act 1988]

10. As employer, reported to the Teachers Council in compliance with the mandatory reporting requirements under the Education Act 1989 in the following situations:[Write N/A if not applicable].

10(a). when a teacher has been dismissed for any reason (section 139AK)?

10(b). when a teacher resigns, if within the previous 12 months, the board had advised the teacher that it was dissatisfied with, or intended to investigate, any aspect of the conduct of the teacher or the teacher's competence (section 139AK)?

10(c). the board receives a complaint about the teacher's conduct or competence while he/she was an employee within 12 months of the teacher leaving (section 139AL)?

10(d). the board has reason to believe that the teacher has engaged in serious misconduct (section 139AM)?

10(e) the board is satisfied that despite undertaking competency procedures with the teacher, the teacher has not reached the required level of competence (section 139AN)?

11. Implemented appropriate internal procedures for receiving and dealing with information about serious wrongdoing under the Protected Disclosures Act 2000?

Comment/Further Action

Section 5 - Finance

Boards should have procedures to track and report income and expenditure. As part of this process, has the board:

1. Monitored and controlled school expenditure? and Ensured that annual accounts are prepared and audited as required by the Public Finance Act 1989 and Education Act 1989?[NAG 4].

2(a) Made it clear in a written statement to parents of students that: (a) parents may be asked for a voluntary donation towards general school activities but they do not have to pay this? [Good practice re s 3 Ed Act 1989];; and

4. Ensured that accounting records are kept that:

4(a) correctly record and explain the transactions of the school?

4(b). will, at any time, enable the financial position of the school to be determined with reasonable accuracy?

4(c). will enable the trustees to ensure that the financial statements of the school comply with generally accepted accounting practice?

5. Prepared annual financial statements in accordance with section 87(3) of the Education Act 1989?

6(a) Prepared its annual report in accordance with section 87 of the Education Act 1989 (which includes the total remuneration paid to school principals employed by the board)?;; and

6(b). Forwarded its annual report to the Secretary of Education? [s 87 Ed Act 1989].

7. Ensured investment is in accordance with section 73 of the Education Act 1989 and appropriate provisions of the Crown Entities Act 2004 relating to investments? [ss 160-161, 197 Crown Entities Act 2004].

8. Ensured that all financial gifts can be appropriately accounted for and applied to the purpose for which they were given? [s 68 Ed Act 1989;; s 168 Crown Entities Act].

9. Ensured that it has complied with section 67 of the Education Act 1989, and appropriate provisions of the Crown Entities Act 2004 relating to borrowing? [s 160 Crown Entities Act 2004;; Regs 11, 12 Crown Entities (Financial Powers) Regulations 2005].

10. Ensured that TFEA funding is used to promote student achievement? [Operational Funding: MOE Handbook].

11. Ensured that SEG funding is used to benefit students with moderate special learning and behavioural needs? [Operational Funding: MOE Handbook].

12. Ensured that funding and staffing generated by ORRS students is used for the benefit of those students? [Write N/A if not applicable] [Operational Funding: MOE Handbook].

Comments/Further Action

Section 6 - Asset Management

ERO wants to know that the board has taken all reasonable steps to provide a safe and healthy learning environment. As part of this process, has the board:

1. Implemented a maintenance programme and property management policy to ensure that the school's buildings and facilities provide a safe, healthy learning environment for students? [NAG 4(c);; cl 5 Property Occupancy Document].

2. Confirmed that the budget reflects the school's priorities as stated in the charter? [NAG 4; Property Occupancy Document]

3. Provided access and facilities for persons with disabilities to and within buildings? [ss 117-120 and Schedule 2 of Building Act 2004].

4. Received monthly reports on monitoring, maintenance and hazards, and is the board satisfied with compliance ? [Good practice re Health and Safety in Employment Act 1992;; cl 15 Property Occupancy Document].

Noted that regular (not monthly) reports are received

5. Recently reviewed its evacuation policy and procedures and is the board satisfied with compliance? [Good practice re Fire Safety and Evacuation of Building Regulations 2006].

6. Received assurance at intervals of not more that six months, that a trial evacuation has occurred? [Good practice re Fire Safety and Evacuation of Building Regulations 2006].

7. Made provision for post disaster and relief? [Good practice].

Don is to use the Ministry template to include a section on post disaster relief on the staff site

8. Checked the swimming pool meets the criteria listed in the Schedule to the Fencing of Swimming Pools Act 1987? [Write N/A if not applicable].

9.Prepared and reviewed a 10-year property plan covering maintenance and capital property requirements in accordance with Ministry of Education guidelines? [cl 5 Property Occupancy Document].

Comments/Further Action