Review legal requirements under NZ law
Suggestion for implementing the strategy ‘Meeting your legal responsibilities and other obligations’
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Understand your legal obligations
Understand your legal obligations
It is the legal obligation of school boards to provide inclusive education.
Section 34 of the Education and Training Act 2020 says "people who have special educational needs (whether because of disability or otherwise) have the same rights to enrol and receive education in state schools as people who do not".
Objectives of boards
Objectives of boards
Section 127 of the Education and Training Act 2020 sets the primary objectives of boards.
Boards need to ensure that:
- every student can reach their highest possible educational achievement in a physically and emotionally safe environment
- the school gives effect to Te Tiriti o Waitangi, is inclusive, and caters for students' individual needs.
Protect human rights
Protect human rights
Section 57 of the Human Rights Act 1993 states:
"It shall be unlawful for an educational establishment, or the authority responsible for the control of an educational establishment, or any person concerned in the management of an educational establishment or in teaching at an educational establishment
(a) to refuse or fail to admit a personal as a pupol or student; or
(b) to admit a person as a pupil or a student on less favourable terms and conditions than would otherwise be made available; or
(c) to deny or restrict access to any benefits or services provided by the establishment; or
(d) to exclude a person as a pupil or a student or subject him or her to any other detriment; –
by reason of any of the prohibted grounds of discrimination."
Support all national languages
Support all national languages
Part 2 (6)
New Zealand Sign Language is declared to be an official language of New Zealand.
Useful resources
Useful resources
Education and Training Act 2020
Administered by the Ministry of Education
Publisher: New Zealand Legislation
Human Rights Act 1993
Administered by the Ministry of Justice
Publisher: New Zealand Legislation
New Zealand Sign Language Act 2006
Administered by the Ministry of Social Development
Publisher: New Zealand Legislation
Next steps
More suggestions for implementing the strategy “Meet legal responsibilities and obligations”:
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Current page Review legal requirements under NZ law
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Meet national and international obligations, policies, and guidelines
Return to the guide “The role of school boards”
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Guide to Index of the guide: The role of school boards
Strategies for action:
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Understand inclusive educationShow suggestions for Understand inclusive education
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Meet legal responsibilities and obligationsShow suggestions for Meet legal responsibilities and obligations
- Review legal requirements under NZ law
- Meet national and international obligations, policies, and guidelines
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Review planning, monitoring, and reporting obligationsShow suggestions for Review planning, monitoring, and reporting obligations
