By the middle of 2017, South Australia should expect to have new registration standards for schools, bringing that State into line with other states and territories.

In December 2016, the Education and Early Childhood Services Registration and Standards Board of SA (the Board) released a Consultation Paper, encouraging the State’s school sector to comment on its proposed revised requirements for all aspects of registration for schools.

The paper was released approximately 12 months after the current Presiding Member of the Board, the Hon John Dawkins AO, was appointed to review the Board’s operation and implementation of school standards.

The current registration regime

All South Australian schools, government and non-government, are currently governed by the Education and Early Childhood Services (Registration and Standards) Act 2011 (the Act). Currently, section 43 of the Act sets out three key criteria for a school's registration:

The Education and Early Childhood Services (Registration and Standards) Regulations 2011 only include two other requirements relating to: the certificate of registration and record retention.

Although the Regulations do not prescribe significant evidentiary requirements for registration, the Board's document Information for Registration of New or Changed Government and Non-Government Schools (Application Information Sheet), as well as its accompanying Application Forms do list policies and procedures required to be produced by a new school or a changed school, which substantiate the three criteria in the Act.

How is the regime changing?

The Board proposes to introduce "standards" as part of revised criteria for the registration of schools.  Those proposed standards are set out in the Consultation Paper (the Standards). Each Standard has a series of revised general criteria which schools are expected to fulfil in order to become registered or to maintain ongoing registration.

The Standards are as follows:

1. School Governance - The school is accountable for its safe, legal and financially viable operation and has corporate governance arrangements in place to lead this.

Some basic elements of this Standard have been drawn from definitions under the Act, for example s3(7) in respect of the requirement to be established as a body corporate or body politic and also from previous SA application documentation, such as the requirement for the school to have a governing body.

Specific criteria of this Standard appear to be based upon the registration standards of other jurisdictions in respect of management and governance. For example, the 2017 Western Australian Registration Standards and Requirements contain the following requirements, which are either substantially or completely reflected in SA’s Standards:

• the school is financially viable – reflected in 1.1 for the governing body to ensure ‘ongoing financial viability of the school’;
• the school has a strategic plan outlining the future direction for development – reflected in the criteria for the governing body to set and monitor the ‘strategic direction of the school’; and
• setting legally-compliant enrolment policy and procedures – reflected in 1.2 - setting an ‘enrolment policy and practices’.

This is only a cross-section of these criteria, but none stand out as being any more onerous than the expectations placed on any school in any other jurisdiction.

2. Student Learning and Assessment – The school has curricula, teaching and performance policies and practices and staffing in place to effectively deliver education services for each stage of school and monitors its educational achievements.

Many criteria for this Standard remain unchanged from the Application Information Sheet, such that currently registered schools which have implemented an education philosophy, curriculum policy, assessment/reporting procedures and which follow the Application Information Sheet in respect of securing and maintaining its premises/facilities should have little difficulty with compliance.

The requirement for a school to employ registered teaching staff reflects the Teachers Registration & Standards Act 2004, with the requirement of professional development mirroring professional learning requirements in States such as NSW and WA.

While the requirement for staff, volunteers and visitors to be informed of their obligations for child protection and mandatory reporting is not new – being a component of both the Application Information Sheet and Forms – the fact that it is part of both Standards 2 and 3 brings SA in line with other jurisdictions in recognising child protection as being a cross-functional obligation.

3. Student Safety, Health and Welfare – The school provides a safe, healthy and supportive learning environment that protects the well-being of students.

This Standard at first glance appears to introduce more stringent requirements for schools by listing the kinds of policies and procedures the Board expects schools to implement. For example, the school’s student welfare policies and procedures must include:

• pastoral care;
• early intervention;
• child protection including mandatory reporting; and
• behaviour management including safety/wellbeing management.

However, the types of policies and procedures listed are not novel, but replicate aspects of the Application Information Sheet and mirror similar requirements across Australia - including WA, NSW and ACT.

A school which has up to date and viable policies and procedures for the health, safety and welfare of students at school sites and off-campus locations should already be well-prepared for the criteria under this Standard.

What does this mean for schools?

The Consultation Paper notes that the revised requirements are not intended to represent an increase in regulatory requirements, but merely clarify and formalise arrangements which are currently in place such to improve efficiency and the cost effectiveness of the overall registration process.

The Standards' generality means that they are not intended to be particularly taxing or stringent. This allows for variation and flexibility to account for specific school culture, to maximise educational benefits for students and for innovation.

The Board has invited all schools to comment on the proposed Standards. The consultation period closes on 27 February 2017 but any meetings with the Presiding Member to discuss the proposals must be requested prior to 27 January 2017.

Schools should be aware that the Standards are expected to come into effect from 1 July 2017 and a schedule for renewal of registration will also be introduced at this time.