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NESA updates registration: Schools need to be aware of new requirements

19/07/17
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In an era of continual legal and regulatory overhaul, the compliance burden on the school system is burgeoning, with no sign of slowing down or giving schools an opportunity to catch their breath!

In keeping with our recent theme of school registration, the NSW Education Standards Authority (NESA) has announced additional amendments to the Registered and Accredited Non-Government Schools Manuals (the Manuals) in relation to the quality of student learning. While the change is not significant in isolation, this is the fourth registration update in the last seven months and it presents an additional compliance hurdle for schools who have not yet adjusted to the pace of NESA’s updates.


Background

Under the Education Standards Authority Act 2013 NESA may make rules, not inconsistent with education and teaching legislation, for or with respect to any of its functions. This power has been a continuous function of NESA and its predecessors.

As an exercise of its power to make rules, the Board of Studies NSW (as NESA was then known) published The Manuals in June 2004, to provide additional information on its expectations for schools to be registered and accredited under the Education Act 1990. From December 2006 until January 2017, the Manuals were updated 1-2 times each year in response to changing legislation and expectations - circumstances outside NESA's control.

In 2014, the NSW Parliament passed changes to the Teacher Accreditation Act 2004 (NSW) to give the Board of Studies Teaching and Educational Standards NSW (BOSTES) (as NESA was then known) a greater role in regulating Teacher Accreditation Authorities (TAAs). As a further exercise of the rule-making power, BOSTES published the Guidelines for the Regulation of Teacher Accreditation Authorities for Non-government Schools and Early Childhood Education Centres (the Guidelines) in October 2015, which caused consequential changes to the Manuals published in January 2016. For more information, refer to our previous School Governance article.


Previous 2017 Updates

1 January 2017: The Authority, Fit and Proper Persons and Financial Viability

Following an independent review of the BOSTES, legislative amendments were passed which reformulated the BOSTES as the NSW Education Standards Authority. These changes precipitated substantial amendments to the Manuals, which were announced on 19 December 2016 and effective from 1 January 2017.

Apart from replacing all references to the BOSTES, the following amendments were made:

  • replacing the ‘good character’ requirement of responsible persons with a fit and proper person requirement;
  • a new financial viability requirement;
  • greater focus on the quality of teaching and student learning; and
  • NESA’s expanded risk-based approach.

For further information refer to our previous School Governance article.

Version 2 of the Guidelines

Four days after the publication of changes to the Manuals, NESA announced additional amendments to the Guidelines, also with effect from 1 January 2017.

Name changes aside, key changes from these amendments included:

  • creation of the prime authorised delegate - the TAA’s primary authority to exercise its functions, including to make decisions regarding teacher accreditation; and
  • removing the power of a school’s TAA to suspend or revoke a teacher’s accreditation.

For more information refer to our previous School Governance article.

29 March: The Financial Viability Framework

When the January updates were published, the Authority noted that further information would be released regarding the certification of financial viability. On 29 March 2017, the Manuals were revealed to have undergone another amendment to provide further guidance for schools on the new financial viability requirement.

Schools must maintain evidence to demonstrate their current financial viability. The March changes make it clear that this evidence may be in one of the following prescribed forms:

  • certification from the school principal as required in the online application form for renewal of registration;
  • Certification of Financial Viability from an approved body or person assessed against the Financial Viability Framework; or
  • a Financial Viability Warrant from an approved body or person providing assurance of financial viability.

Please refer to our previous School Governance article for more information.

14 July: Standard of Teaching and Quality of Student Learning

Section 47(2) of the Education Act 1990 states that the quality of student learning includes:

  • the standard of teaching of courses of study;
  • student engagement in learning; and
  • any matters identified in a risk assessment conducted by NESA.

On 14 July 2017, NESA published an Official Notice announcing that these areas are most relevant to the registration requirements for teaching staff, curriculum, facilities and student welfare, in particular student attendance.

In response, references in the Manuals to the quality of teaching and student learning now refer to the ‘standard of teaching’ and the ‘quality of student learning’ to reflect the fact that these are separate compliance requirements. The Manuals also specify additional evidence to be maintained by schools.

Key additions to a school’s requirements for compliance in relation to the standard of teaching and quality of student learning include:

  • policies for induction, mentoring, professional development and accreditation of teachers. Previously, schools were only required to have practices in place;
  • policies and consistent practices which have regard to the Australian Professional Standards for Teachers, rather than simply documenting ‘expectations’ in relation to these standards;
  • documenting a school-wide consistent practice in implementing the Standards, including professional collaboration aimed at improving teacher practices and student outcomes;
  • additional evidence relating to the standard of teaching, including records of teacher reflection/evaluation, and school analysis of student achievement data;
  • additional evidence relating to student engagement in learning, including records of students’ learning progress over time and teaching strategies and programs designed to meet specific learning needs;
  • policies and procedures for evaluating the effectiveness of school facilities and assessing the physical learning environment in relation to student learning needs; and
  • expanded policies and procedures on student attendance to include analysis of student attendance data and intervention strategies.

The increased emphasis on teacher development is likely due to the deadline for all NSW teachers to be accredited, being 1 January 2018.


What does this mean for schools?

As part of strengthening its risk-based approach in 2017, NESA has expanded the program for random inspection of schools, including those from both the government and non-government sector. Strand A inspections consider a school’s ability to provide a safe and supportive environment in relation to child protection and student welfare.

Strand B inspections have regard to schools’ quality of teaching and student learning. NESA has also stated that the amended parts of the Manuals will form the basis of these inspections. Thirteen schools have been selected for inspection, including nine government schools, two systemic and two individual non-government schools. Inspections will commence later in Term Three, and the selected schools will be given at least four days’ notice in advance by a NESA Inspector.

With the regularity of NESA’s updates becoming the new normal, NSW schools should be taking steps to fulfil the ongoing registration changes and not fall behind NESA’s pace. With the potential to be randomly selected for a compliance inspection in just a few weeks’ time, updating policies, procedures and practices should be given clear priority.

 

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William Kelly

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