Once an exemption is granted, how is a home education programme monitored? In order to legally home educate a child, the parents must go through a significant application process, in order to "satisfy" the Ministry of Education that "the child is to be taught at least as regularly and well as in a registered school" in order for the exemption certificate to be granted under Section 38 of the Education and Training Act 2020. 
But once the exemption is granted, then what? 

Note: The wording on the letter that comes with a certificate of exemption talks about ERO contacting parents and conducting reviews. This is there only because they might be called upon to do a review, as outlined below. They do not routinely do them. 

Let's explore the ins and out, parental obligations, Ministry responsibility, and where ERO comes in. The relevant sections of the law are near the end of this post, for reference. 

The Ministry of Education is responsible (under law) to process an exemption application and determine whether the proposed programme of learning outlined therein satisfactorily demonstrates that the child will be "taught as regularly and well as" they would be in school. Once they've determined that and granted the exemption, do they have an on-going responsibility to check that the child continues to be thus taught? And if so, how do they do that?

The law gives ERO the ability to review home educators, and it give the Ministry the ability to ask ERO to carry out a review. It also states that the Ministry cannot revoke an exemption without first considering the outcome of an ERO review. 

What the law does NOT do is require the Ministry to regularly review home educators or in any other way follow up on their exemption & home education programme, nor specifically empower them to ask questions about the education programme of the exempt child after an exemption has been granted, except where they are gathering information when considering whether an exemption should be revoked. 

Anything that a government department does in terms of its processes and procedures that is not explicitly set out in law is rather based on policy. Policies are the ways in which the law is interpreted and applied as decided within a department. Policies can be changed relatively easily. Laws required parliamentary process to be changed. Policies should always, always be within the boundaries and scope set by the law, but sometimes they drift beyond this (if so they can be subject to challenge and amendment). Laws are generally quite broadly worded, leaving room for policy to be developed around how they are applied.

The Ministry, at the directive of the then-government, ceased routine ERO reviews of home educators on the 30th June 2009. (For more detailed history and review statistics see HERE).  Since then, they have provided funding for up to 35 reviews per year. That's review of up to  35 students, not 35 families, as they pay per-student that is reviewed. And how do they decide who will be reviewed in any given year? Their policy is that reviews are initiated only when/if the Ministry has some reason to believe they may need to check up on a family. In rare cases, this could be initiated by information from a government department, but for the most part this only happens as a result of what is known as the "complaints process." More on that shortly. 

So, in the absence of ERO reviews, how is the Ministry to determine whether an exempt child continues to be "taught as regularly and well as"? Do they even need to? As we've seen above, in fact, no, they don't actually need to, under law. However, there is one cardinal unwritten rule of all government departments. I like to call it "C.A.R.E" which stands for "Cover [rear], Retain Employment." In other words, nearly everything they do is predicated upon the ideal of never leaving themselves open to being found responsible for something going horribly wrong because of something they did, or neglected to do. (Look carefully at the actions of any govt dept and you'll see that this is true). 

This kind of mindset has led to a number of ideas over the years. The most persistent one is some variation on this: "If we grant an exemption for little Johnny when he's 6 and he turns out to be an uneducated societal misfit when he's 16 it will be ALL OUR FAULT. Therefore we need assurance that Johnny will be ok." 

And this, in the absence of routine ERO reviews, is what led to the policy of sending out 6 monthly declarations for parents to sign and return, on which parents affirm that their child has been "taught at least as regularly and well as.." for the last 6 months, and will be for the next 6 months (or insert start/stop dates). And because there is no legal basis for these declarations, they can't force parents to sign and return them. Thus the other policy - of linking the supervision allowance to the return of these declarations - it's the "carrot" to get most folk to do so. "You send us this piece of paper, duly signed, and we'll give you the allowance." We've been assured, you've been paid, everyone's happy. Or something like that. 

But what if you don't care about the allowance and don't sign and return the form? Well, that's when they might act upon another policy. That is, since they haven't been assured via the declaration that little Johnny is still being taught as regularly and well, then they must have an "obligation" to investigate further, to ensure he is. This makes them "concerned" about Johnny's learning programme, and this is where the complaints process can also come in. 

As noted above, the only time, under the law, that the Ministry has the right or obligation to "gather information" related to the learning programme of an exempt student once the exemption has been granted, is when they are considering whether there is grounds for the exemption to be revoked. That is, they are considering whether there are grounds for them to NOT be satisfied that the child is being taught as regularly and well. And why would they be considering that?

Under current policy, since routine ERO reviews ended, they do this on a "complaints basis"- that is, if someone  expresses a "concern" or makes a "complaint" to the Ministry suggesting that an exempt child is not being satisfactorily educated, then they investigate to determine whether or not that is the case.

Legally, they can immediately request an ERO review to make this determination, but as this process is sadly open to abuse by people just wanting to make trouble for the homeschooling family, the Ministry agreed to a NCHENZ request that they first talk to the family about the complaint and give them an opportunity to address what might be going on before deciding whether to initiate an ERO review, and this has become part of the process. 

However, the way this is being interpreted and applied is not really what was originally agreed to. The NCHENZ request was both to ask the Ministry to investigate the source of the complaint to determine legitimacy, and so that if a family knew that there was someone with a personal axe to grind who might be making a nefarious complaint to the Ministry, this could be identified and an ERO review not pursued unfairly. This has mostly morphed instead into the Ministry asking families for an update on their learning programme so that they can decide whether there is likely to be an issue that warrants further investigation via ERO. 

So, if the Ministry receives a complaint or an expression of concern about your children's home education programme, they will contact you to let you know, and ask you for an update on their programme. If the complaint expressed specific issues, they may ask you just to speak to those, or they could ask for a more general update. Either way, you have the right to see the original complaint before you respond, though any identifying information about the person complaining will be redacted. You can ask for this under the Privacy Act. 

You then have the opportunity to put together such information as you feel is appropriate and submit it to the Ministry, who will then review it and decide if what you have provided satisfies them that your children are continuing to be taught "as regularly and well" - in which case they advise you of this and close the file - or not - in which case they request an ERO review, and advise you they have done so. 

However, if a previous complaint did not result in an ERO review, and another one has been received, Ministry policy is generally to skip asking for an update and just refer to ERO.

The regional office that deals with exemptions for your area is the same one that would deal with the above process. However, they cannot on their own authority ask ERO to conduct a review - they must put in a request to the national Ministry office, who need to check everything is in order and confirm the request, and then order the review. 

If this happens, then ERO would contact your family in due course, arrange a time to meet with you and conduct the review, advise you of the expected outcome, write a report on their findings, send you a draft copy to review and request amendment to if appropriate, before sending the final report to the Ministry. ERO reviews can take several hours, but result in reports that are typically less than 2 pages long. They always conclude with a statement that the child IS being or is NOT being "taught at least as regularly and well as in a registered school."

If the finding is that the child "is being taught as regularly and well as" then the Ministry will be satisfied and close the file, and the family's home education programme carries on. If the finding is that they are not, then what happens next depends on certain factors, including whether ERO suggested the family could meet the requirements with a few changes or some additional support, and/or whether the Ministry (and the family) are open to discussing how the family might improve their programme to meet the requirements and so give them another chance. Otherwise, they will enact the law to revoke the exemption/s. 

I will write more detailed posts separately about responding to a complaint-based info request, and preparing for an ERO review.

When parents decide to home educate their child, they are taking full personal responsibility for their child's learning programme. This is not something to be entered into lightly, and the application process itself ensures that parents have thought through what and how their child will be taught. (For more on this process see HERE). 

Once the exemption is granted, the parent continues to assume full legal and moral responsibility to ensure their child is educated at least as well (and regularly) as they would be in a school. Many parent's personal bar is a lot higher than "as in a school." Yes, this is a responsibility, but it's also a privilege and a right - the right to decide how and where your child will be educated, the privilege of being right there with them to see the learning happening and to be a part of it all alongside your child. 

Part of being responsible for your child's education is, in some appropriate way, self-reviewing how things are going from time to time - considering what the next steps in your child's learning are, how you will facilitate those things, whether additional resources are needed, whether your child is progressing appropriately etc. Alongside of this is a need to record progress somehow. Now, there are no rules or laws about how you do any of this - it's up to you. Whatever you decide about the details, the purpose of this is primarily to serve you and your child by supporting their learning journey and helping you to manage things more easily. There are many great ideas to be gleaned from other experienced home educators about how they do this; what you choose to put in place should not be so burdensome that it unnecessarily detracts from the time you need to actually engage with and teach your children. 

One of the big pluses of maintaining some kind of on-going record is that in the event you are asked for information by the Ministry or have an ERO review, it will be so much easier for you to pull things together in response or preparation. Another plus is that when they're grown and gone you'll enjoy looking back at those reminders and memories, plus when some other parent (or maybe your own children when they want to homeschool their children) asks you how you did things, or what you used etc, the answers will be at your fingertips! (Believe me, those things you think you will remember in vivid detail often are not so easy to recall!)

NCHENZ has some helpful info on planning and record keeping, as well as examples from two families. 

So, the most significant responsibility of a home educating parent is the daily and on-going teaching, guiding and supporting of your learner, with all that that implies including resourcing, reviewing progress, maintaining appropriate records that serve you etc. Your other responsibilities include:

• Signing and returning the 6 monthly declarations
• Being able to give the Ministry an update if requested
• Being able to provide ERO with evidence of your child's learning programme and progress if requested. ERO ask questions, but also look for evidence to support your answers. Which is where records of some kind and/or samples of work come in. 

The Education and Training Act 2020 sets out the laws around gaining (and keeping) an exemption, and the powers of ERO as it applies to homeschooling. 
I've written a more detailed post regarding all sections of the Act that may be relevant to home educators HERE; for the purposes of this post, I'll quote two ,main parts:

Once an exemption has been granted, the on-going monitoring of a home education programme primarily rests with the parents, who have chosen to accept responsibility for their own children's education. The vast majority do an excellent job (which is why the government felt justified in de-funding routine ERO reviews). On the other hand, the Ministry does check up on families via 6 monthly declarations, and when a complaint/concern is brought to their attention, via a request for an update and/or an ERO review. 

First, some quick facts you need to know:
1) Being asked for additional information is quite normal (more on this below).
2) If you are asked for additional information, you have up to 4 weeks (28 calendar days) to provide it, otherwise the application "lapses". Even if the Ministry letter asking for more info doesn't say how long you have, or it gives you a shorter timeframe, they can only lapse if if you have not responded within 4 weeks. Sometimes an office may give you longer - eg 28 working days - and if that's what they put in the letter, that's fine - you have that longer time. 
3) A "lapsed" application simply means that the Ministry has not received a response from you, and don't have sufficient information in the original application to satisfy the requirements of an exemption, so it is "declined" on the basis that it has lapsed. Lapsed in this context just means "no longer being continued" ie the application process cannot continue without the additional information, and so it is ended, as the Ministry cannot keep an application open forever. 
4) You can ask for additional time if needed. Once they send you that request, the Ministry has no idea whether you're working on it or ignoring them, unless you choose to contact them. If you find you need a bit longer to put the information together, or some life event has got in the way, send them an email and let them know you're working on it but need a bit longer, and politely ask for an extension. Suggest the deadline by which you expect to be able to give them this info. Most Ministry staff are reasonable about this and willing to allow a bit of extra time, within reason. 
5) If you don't provide the info by the deadline and your application is lapsed, that does not mean the end of your ability to gain an exemption. In this instance, if you wish to proceed, you can update your application/s to ensure they include the extra info that was asked for, and then resubmit them. They will be treated as new applications (and so must contain all the required parts of any application). Note that this means extra work for the Ministry, as they're having to start the process over, which is why in most instances most regional staff would prefer to give you an extension on receiving the additional info, rather than lapse it and have to start all over when you submit new applications. 

When folk write an application, they (usually) put a lot of effort into the process. However, sometimes they have not yet fully understood the requirements, or they have great ideas in their minds but have not articulated them in sufficient detail, or they have not been explicit enough in some areas, or have missed something out entirely.  

Regardless, being asked for additional information is common (35-39% of applications are asked for more info), and not something to be worried or stressed about - it's just part of the process when required. Any time regional Ministry staff are reviewing an application and believe there is not sufficient information included to satisfy them as to "as regularly and well" they are required to ask the family for additional information. This is a good thing - it means they can't just decline an application without providing an opportunity for the family to answer their questions and supply the missing info. 

Different regional offices use different processes to do this - some will call and give you a heads up first, others will just email or write etc. Regardless of how they contact you, know that you are not required to answer questions over the phone, or to meet with them, unless you wish to. You should be provided with their questions in writing, and then have time to think about your responses and put the info together (hence the 4 weeks). If you prefer to explain your thoughts over the phone or in person (once you've thought it through), then you can choose to do that - they will take notes of what you've shared, though I think in writing is usually best, as a paper trail is always helpful, unless you are a person who finds it easier to explain things verbally rather than in writing. 

When you are putting together your written response, bear in mind that you do not have to update your original application (though you can if that is easier for you); you can just write up your answers to their questions separately to your original application, and then send that in by email, in the body of the email or as an attachment. 

Requests for more info vary hugely from a few simple questions to a long list of parts of your application where they want more info. Some offices use a form letter, some don't. Some will quote parts of the Ministry's guidance documents, some will send links to the NZ curriculum etc, some will not. Sometimes the additional quotes or links they send you will help clarify things, sometimes they will just add further confusion. 

Before you can respond to the Ministry's questions, you need to take a little time to make sure you understand what they are asking. If you're not sure, then consider the following to help:

• At the bottom of the Ministry's homeschooling page, where the application forms can be downloaded, is also their guidance document which seeks to add further clarity around the application requirements. If you haven't previously looked at it, you may wish to. 
• My guide to exemption applications can help you understand the requirements of an application, which may help you see what you're missing in the areas the Ministry is asking about.
• Experienced homeschoolers on some of the NZ Facebook pages or in your local regional groups may be able to answer any questions you have and give you some guidance. You can find on the NCHENZ site list of regional support groups and online networks. Just check if anyone offers one-on-one help around your application to make sure they are experienced home educators with recent exemption application experience, to ensure that they properly understand the requirements and how homeschooling works. The application forms and requirements changed in early 2016, so anyone who has not done exemptions since then may not be fully aware of current expectations, and anyone who has not personally homeschooled for a reasonable period of time will not truly understand how it works. You can certainly glean useful info and ideas from a range of sources and perspectives, but at this stage of the process, if you choose to seek specific support, you would be best served by someone with appropriate experience. 
• I offer a service to folk in this area - where I would review your application, what the Ministry have asked for, discuss the requirements with you and give you some pointers about things to consider or where to find further info/ideas etc, and then review your draft response to the Ministry and discuss further as needed until you're ready to submit it. I can also refer you to others who can help with this too. 

Also, if the Ministry ask a question that you do not understand, or that is in "edu-speak" that is confusing, it's ok to ask them to please clarify the question. 

After you submit the additional information, the Ministry staff member dealing with your application will process it, considering the additional info together with what you first sent in. If they are now satisfied as to "as regularly and well" they will recommend it for approval and pass it on to be peer reviewed and then ultimately signed off by the manager. It is possible, though relatively uncommon, for a peer reviewer or manager to come back and ask for some further information - if this happens, just treat it like any other request for info as above. Otherwise, the application should be approved and you will be sent the exemption. This part of the process can take anywhere from a couple of days to a few more weeks. Don't stress about it (I know, easier said than done!). If they didn't actually acknowledge receiving the added info and you've heard nothing within a couple of weeks, you may just want to call or email to make sure they have received it and things are continuing as they should be. Also note that some offices only email out certificates - so do check your junk mail from time to time, just in case. 

If they are not satisfied as to "as regularly and well", they MAY come back and ask a bit more, though they are not required to. Otherwise, they will decline the application. This also would go through a peer review process first, and must be peer reviewed by a different office before being declined. If you are declined, you can still reapply. For more on this see HERE. 

Being asked for additional information in an exemption application is common, and a normal part of the process where required. You can seek support around understanding the requirements and how to respond. Your response should reflect further clarification of YOUR own plan for your child's home education, rather than an attempt to "just give them what they want." Once you provide the additional information, they will proceed with processing your application, which may take a few days or weeks, and will most often (95-97%) result in the exemption being approved. If you are declined, or the application lapses, you can work on improving your application and then resubmit it to the Ministry.