Taranaki Daily News

The impact of a change

- Public and education lawyer at Education Law NZ

The report by the Tomorrow’s Schools Independen­t Task Force has been described as ‘‘a major shake-up’’ to the administra­tion and governance of schools. The proposed changes could have some real benefits for school trustees and principals.

Since 1989 New Zealand school boards have had to deal with more extensive and demanding legal, educationa­l and financial responsibi­lities than school boards in other education systems around the world.

In practice, the extra administra­tive burden has fallen largely on the principal, detracting from their role as educationa­l leader of the school.

The Tomorrow’s Schools system currently provides widely varying quality of governance.

The Task Force considers that it has led to serious educationa­l inequality, causing New Zealand to fall down the education performanc­e table in internatio­nal student comparison­s.

The changes are designed to address this and to reduce both principal stress and board workload. This would allow the board to focus on the educationa­l outcomes of their students rather than compliance, risk management and legal disputes.

The proposal involves setting up 20 regional Education Hubs, which will take over many of the legal responsibi­lities of school boards in their region. Some schools are concerned that they will lose all of their decision-making powers to the hub, but a closer reading of the report shows that there is potential for more flexible arrangemen­ts.

Contrary to the impression created in the media, the full report makes it clear that while the hub will have overall legal responsibi­lity, it will have the flexibilit­y to delegate some of those responsibi­lities back to individual schools.

Currently some boards of larger schools have sustainabl­e institutio­nal knowledge about governance and legal risk management and are fully capable of running their schools. Those schools could retain several functions they currently perform including property management, and property developmen­t – provided they meet the yet-to-be-decided criteria.

Conversely, some smaller schools are overburden­ed with administra­tion. The hub would provide support and advice on health and safety, HR, IT, procuremen­t and maintenanc­e or, if requested, actually undertake some of those functions for the school.

However, the functions which are unlikely to be given back to individual boards are those where boards get drawn into time-consuming and sometimes costly disputes: employment of the principal, student suspension­s, exclusions and expulsions, and parent complaints.

In these situations, boards are required to act independen­tly but because the boards are controlled by parents they may be seen as having conflicts of interest or being biased.

Having these areas managed or reviewed by the hub would provide the independen­ce to the system which is currently lacking.

Tomorrow’s Schools made the parent-controlled school board the legal employer of all staff within the school.

However, the selection, management and profession­al developmen­t of principals has frequently been a challenge for trustees. When things go wrong in the employment relationsh­ip, trustees have to spend unacceptab­le amounts of time and energy dealing with the fallout. Trustees tell me they ‘‘didn’t sign up for this’’.

On the other hand, it is challengin­g for principals to deal with an employer who often has no experience in educationa­l administra­tion, changes every three years and may have personal agendas. The very public dramas relating to conflicts between principals and boards under the Tomorrow’s Schools system have been costly and disruptive in too many schools.

Under the proposed system the hub will be the legal employer of principals and teachers but boards will still be influentia­l in the selection process for a new principal and have a final veto. The hub’s involvemen­t will ensure that all boards get good advice when selecting a principal. Principals will continue to have the responsibi­lity of employing and managing school staff.

The guidelines for student suspension hearings are complicate­d and there is concern about how some schools exercise their powers. There is also a lack of natural justice in the current system of suspension hearings. Suspended students are often only represente­d at the board hearing by a distressed parent, who may feel ill-equipped to make their child’s case properly. There are no automatic rights of appeal. The punishment of exclusion or expulsion is much harsher than many trustees realise. Families find the experience deeply upsetting and experience isolation.

The hub would be responsibl­e for all processes after a suspension has been initiated by a school principal. The hub’s responsibi­lity would be to work with the principal and to ensure that students’ rights are upheld, that they are treated fairly, and that they have continued access to education.

Parent complaints have often been a challenge for boards. Many parents who make a complaint to the board do not believe that the board has acted independen­tly, even when it may have tried hard to do so. If parents want to take their complaint further there is currently no prompt complaint resolution system for schools.

The hub would be the independen­t body for hearing parent complaints when the school board cannot resolve the matter. This addresses a big gap in the current system.

There is much to consider in the Task Force’s

148 pages of recommenda­tions.

The report and a summary can be accessed online and there is time over the summer break to consider its implicatio­ns. If you or your school board have questions or concerns make sure you take the opportunit­y to make submission­s by April

7, 2019.

Carol Anderson is a parent, former teacher, trustee, ERO reviewer, and governance advisor.

The Tomorrow’s Schools system currently provides widely varying quality of governance.

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