In what is becoming quite the theme on School Governance recently, another jurisdiction has overhauled its framework for school registration.

The Education Act 2016 (Tas) (the Act) commenced on 10 July 2017, replacing the previous Education Act 1994 (Tas) and completely restructures Tasmanian education law, in particular the registration of non-government schools.

The new Education Regulations (the Regulations) were gazetted on 7 July 2017, and contain revised standards for registration (Registration Standards) and renewal of registration of non-government schools. From 2018, all Tasmanian non-government schools – whether individual or part of a system – will need to meet the applicable Registration Standards.

Background

School Governance reported on the introduction of the Education Bill 2016 (Tas) last year. The Bill was introduced following a review of Tasmania’s education laws, aiming to consolidate and streamline the legislative framework, as well as address entrenched problems within the Tasmanian education system and align its laws with other jurisdictions.

Following a public consultation process, the Bill was tabled, later passing Parliament on 15 November 2016 and received Royal Assent just over a month later.  The Education Act Implementation Project Team is supporting the staged implementation of the Act, which commenced on 10 July 2017 and continues through 2018-2021, with ongoing consultation and support being provided to schools.

The following is a summary of the key immediate changes to education which can be expected under the new Act.

Attendance: There are new procedures focusing on maintaining daily attendance at school, including a new limited set of circumstances in which a student can be authorised to not attend (can no longer be excused for any reason approved by the Principal), and the ability for non-government schools to nominate Authorised Persons to investigate suspected unauthorised absences. The Office of the Education Registrar (the Registrar) has also been established to help resolve continued authorised absences.

Enrolment: There are increased and more flexible school enrolment options to facilitate access to education, as well as an updated process for applying for exemption from enrolment.

Behaviour Management: Schools can now request third party information about a student’s behaviour to facilitate development of management strategies. Principals are also able to require adults to leave school premises or a school activity if they exhibit unacceptable behaviour.

Compulsory Education: Students are now required to continue to participate in education and training until they complete Year 12, attain a Certificate III, or they turn 17 years of age (whichever occurs first), with exemptions requiring approval by the Minister for Education and Training.

The New Tasmanian Registration Framework

Part 6 of the Act sets out a new legislative framework for the registration of non-government schools. Overall, it fundamentally restructures registration requirements, mandating, for the first time, that a school can be registered as either an individual non-government school or as a member of a non-government school system operating under a single governance arrangement. Separate registration processes are established for individual and systemic schools, a clear reflection of the registration process which currently operates in NSW, where there are separate Registration Manuals published for individual and system schools.

The Registrar is responsible for administering the non-government schools registration process and for day-to-day operational work. The Registrar then reports to and advises the Non-Government Schools Registration Board (previously the Schools Registration Board) in relation to a school’s compliance with the Registration Standards, enabling the Board to make a decision on a school’s registration.

Previously, the Board’s Registration Handbook set out comprehensive Registration Standards which outlined the Board’s instructions regarding the specific documentation a school would need to provide to ensure compliance. These Registration Standards have been revised and are now set out in Schedules 2-4 of the Regulations.

There are now three separate sets of Registration Standards, covering the following areas:

• Registration of non-government school systems;
• Registration of new individual non-government schools; and
• Renewal of registration of individual schools.

Individual schools will find that the Registration Standards cover very similar topics to those under the previous Registration Standards, including the curriculum, facilities, financial resources (previously financial viability), enrolment and attendance, and governance.

However, there is a substantial addition to the Registration Standards through Standard 5, Student Welfare. To be compliant, a school must have policies covering student welfare, including critical incidents, harassment, bullying, child protection, and (if applicable) school boarding houses. The requirement for an employee code of conduct has also been expanded by requiring both student and employee behaviour management policies.

Non-government school systems should have sufficient policies and procedures to ensure compliance with all of the above topics applicable to individual school registration renewal. In addition, they must also meet the following additional Registration Standards:

• Approved authority: The approved authority for the system must be a fit and proper person and must provide member schools with the processes necessary to allow them to achieve improvement in student learning.
• Financial resources: On top of demonstrating that it has sufficient financial resources, the approved authority must also have a funding model which enables members to meet their own requirements for financial resources.
• Record keeping: The approved authority must have record keeping processes to know which member schools are compliant.

How should schools respond?

All non-government schools will be assessed and reviewed against the Registration Standards from 2018. School Governance has also been informed that the Registration Guidelines, which will assist schools in determining what evidence will be needed to demonstrate compliance with the Registration Standards, are on track to be published by early October 2017.

Schools should be undertaking a comprehensive review of their policies and procedures to ensure they remain legally compliant under the new Act and that they are able to meet the revised Registration Standards, most significantly regarding policies relating to behaviour management, critical incidents, boarding and child protection. When the Registration Guidelines are released, schools will need to undertake another gap analysis to confirm they meet all of the Board’s evidence requirements heading into 2018.