Transcript E.S.O.L CONFERENCE

E.S.O.L. CONFERENCE
E.S.O.L. and The Law
Public Policy (Public Good)
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Effective citizenship is predicated on basic
standards of literacy and numeracy
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The socio-economic well-bring of N.Z is
dependent upon a literate, numerate and welleducated workforce
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Education (particularly compulsory school
sector) is the conduit by which children become
effective citizens and are prepared for tertiary
studies and the workforce
The Crown, through its Education Vote, invests
billions of dollars annually to effect its
objectives
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There are substantial socio-economic cost to
N.Z and the individual in getting it wrong e.g
unemployment, crime, mental illness, poverty,
social alienation
Legal Framework
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Rights (entitlements in law)
Responsibilities (obligations in law)
Conflict Resolution (MOE, ERO, Human Rights
Commissioner, Ombudsman, Courts)
Remedies (Censure, Injunction, Remedial
Action, Damages)
Rights
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Articles 28, 29, 30
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A 29 (c) Development of respect for the child’s
parents, his or her cultural identity, language and values
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A30
In those states in which ethnic, religious or
linguistic minorities exist…… to enjoy his or her own
culture, to profess and practice his or her own religion
or to use his or her own language
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United Nations Declaration On The Rights Of
Children 1989
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N.Z is a signatory
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Declaration consistent with N.Z law
Education Act 1989
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Section 3 – Right to Free Education
Section 61 – School Charters
Section 61 (2) – Incorporates NEG’s
Section 61 (3)(a)(i) – Developing policies and practices that reflect N.Z’s
cultural diversity and the unique position of Maori culture
Must develop a learning programme (IEP) to meet the needs of each student
ESOL students
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Assess needs
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Develop IEP
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Allocate resources
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Monitor progress
Categories of ESOL
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Domestic students
Full immersion Te Reo students into mainstream
Foreign fee paying students
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You must define immigration status – citizens,
permanent resident, work permit etc
Take all reasonable steps – check passport
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Foreign fee paying students
Section 4 Education Act 1989 4 (3) not to
displace a domestic student
Contractual relationship
Offer, Acceptance, Consideration
Code of Practice – minimum standards of
curriculum delivery and pastoral care
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Don’t over inflate ‘services’
Must be fit for purpose
Consumer Guarantees Act
Complaints to EAA
Sensitivity to export education & NZ reputation
Language and Culture
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Language an expression of culture (religion)
Human Rights Act 1993
Prohibited grounds, race, ethnic and national
origins
Indirect Discrimination
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Prohibition on speaking and writing in first
language at school
Prohibition on religious expression state school
i.e prayer, karakia, reciting Koran
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Section 13 NZ Bill of Rights Act 1990 –
freedom of thought, conscience and religion
Section 19 Freedom from Discrimination
Side 15
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Bullying in schools on one of the prohibited
grounds under the Human Rights Act or Bill of
Rights
Possible liability of schools if knew and failed to
act or ought to have known
Slide 16
Educational Negligence
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Lost educational opportunity and career
advancement
Fiduciary Duty
Due Process and Communication
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Section 77 Education Act 1989 ‘Guidance and
Counselling’
Obligation in school to communicate
Imbalance in power relationship vis a vie school
and parents
Normally prerequisite to stand down /
suspension for continued disobedience
Provide interpretors cultural sensitivity
Suspension Meeting
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Requirement to be culturally sensitive and
provide information sheets in first language