E.S.O.L. E.S.O.L. CONFERENCECONFERENCE

E.S.O.L. and The LawE.S.O.L. and The LawPublic Policy (Public Public Policy (Public

Good)Good)

Effective citizenship is predicated on Effective citizenship is predicated on basic standards of literacy and basic standards of literacy and numeracynumeracy

The socio-economic well-bring of The socio-economic well-bring of N.Z is dependent upon a literate, N.Z is dependent upon a literate, numerate and well-educated numerate and well-educated workforceworkforce

Education (particularly compulsory Education (particularly compulsory school sector) is the conduit by school sector) is the conduit by which children become effective which children become effective citizens and are prepared for citizens and are prepared for tertiary studies and the workforcetertiary studies and the workforce

The Crown, through its Education The Crown, through its Education Vote, invests billions of dollars Vote, invests billions of dollars annually to effect its objectives annually to effect its objectives

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

Legal FrameworkLegal Framework

Rights (entitlements in law)Rights (entitlements in law) Responsibilities (obligations in law)Responsibilities (obligations in law) Conflict Resolution (MOE, ERO, Conflict Resolution (MOE, ERO,

Human Rights Commissioner, Human Rights Commissioner, Ombudsman, Courts)Ombudsman, Courts)

Remedies (Censure, Injunction, Remedies (Censure, Injunction, Remedial Action, Damages)Remedial Action, Damages)

RightsRights

Articles 28, 29, 30Articles 28, 29, 30

A 29 (c) A 29 (c) Development of respect for the Development of respect for the child’s parents, his or her cultural identity, child’s parents, his or her cultural identity, language and valueslanguage and values

A30 A30 In those states in which ethnic, religious In those states in which ethnic, religious or linguistic minorities exist…… to enjoy his or linguistic minorities exist…… to enjoy his or her own culture, to profess and practice or her own culture, to profess and practice his or her own religion or to use his or her his or her own religion or to use his or her own languageown language

United Nations Declaration On The United Nations Declaration On The Rights Of Children 1989Rights Of Children 1989

N.Z is a signatoryN.Z is a signatory

Declaration consistent with N.Z lawDeclaration consistent with N.Z law

Education Act 1989Education Act 1989

Section 3 – Right to Free EducationSection 3 – Right to Free Education Section 61 – School ChartersSection 61 – School Charters Section 61 (2) – Incorporates NEG’sSection 61 (2) – Incorporates NEG’s Section 61 (3)(a)(i) – Developing policies and practices that Section 61 (3)(a)(i) – Developing policies and practices that

reflect N.Z’s cultural diversity and the unique position of reflect N.Z’s cultural diversity and the unique position of Maori cultureMaori culture

Must develop a learning programme (IEP) to meet the Must develop a learning programme (IEP) to meet the needs of each studentneeds of each student

ESOL studentsESOL students ** Assess needsAssess needs ** Develop IEPDevelop IEP ** Allocate resourcesAllocate resources ** Monitor progressMonitor progress

Categories of ESOLCategories of ESOL

Domestic studentsDomestic students Full immersion Te Reo students into Full immersion Te Reo students into

mainstreammainstream Foreign fee paying studentsForeign fee paying students

You must define immigration status – You must define immigration status – citizens, permanent resident, work citizens, permanent resident, work permit etcpermit etc

Take all reasonable steps – check Take all reasonable steps – check passportpassport

Foreign fee paying studentsForeign fee paying students Section 4 Education Act 1989 4 (3) Section 4 Education Act 1989 4 (3)

not to displace a domestic studentnot to displace a domestic student Contractual relationshipContractual relationship Offer, Acceptance, ConsiderationOffer, Acceptance, Consideration Code of Practice – minimum Code of Practice – minimum

standards of curriculum delivery and standards of curriculum delivery and pastoral carepastoral care

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

reputationreputation

Language and CultureLanguage and Culture

Language an expression of culture Language an expression of culture (religion)(religion)

Human Rights Act 1993Human Rights Act 1993 Prohibited grounds, race, ethnic and Prohibited grounds, race, ethnic and

national originsnational origins

Indirect DiscriminationIndirect Discrimination

Prohibition on speaking and writing Prohibition on speaking and writing in first language at schoolin first language at school

Prohibition on religious expression Prohibition on religious expression state school i.e prayer, karakia, state school i.e prayer, karakia, reciting Koranreciting Koran

Section 13 NZ Bill of Rights Act Section 13 NZ Bill of Rights Act 1990 – freedom of thought, 1990 – freedom of thought, conscience and religionconscience and religion

Section 19 Freedom from Section 19 Freedom from DiscriminationDiscrimination

Side 15Side 15

Bullying in schools on one of the Bullying in schools on one of the prohibited grounds under the prohibited grounds under the Human Rights Act or Bill of RightsHuman Rights Act or Bill of Rights

Possible liability of schools if knew Possible liability of schools if knew and failed to act or ought to have and failed to act or ought to have knownknown

Slide 16Slide 16

Educational NegligenceEducational Negligence

Lost educational opportunity and Lost educational opportunity and career advancementcareer advancement

Fiduciary DutyFiduciary Duty

Due Process and Due Process and CommunicationCommunication

Section 77 Education Act 1989 Section 77 Education Act 1989 ‘Guidance and Counselling’‘Guidance and Counselling’

Obligation in school to communicateObligation in school to communicate Imbalance in power relationship vis a Imbalance in power relationship vis a

vie school and parentsvie school and parents Normally prerequisite to stand down / Normally prerequisite to stand down /

suspension for continued disobediencesuspension for continued disobedience Provide interpretors cultural sensitivity Provide interpretors cultural sensitivity

Suspension MeetingSuspension Meeting

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