In July 2017, then-Opposition spokeman for education, Chris Hipkins, announced a number of proposed changes or review of the education system which Labour would act upon if elected. The mention of "home-based educators" included there sent ripples of concern through the home education community. Today our Labour-led government, via Mr Hipkins, now Minister for Education, formally announced the beginning of those proposed reviews. Again, families are concerned about what this might mean for home educators. Let's take a closer look:

The last several governments have been keen on promoting the value of "early childhood education" especially via Early Childhood Education centres, and Labour is no different. All children ages 3, 4 & 5 in NZ are entitled to up to 20 hours a week of ECE funding, paid for by the government. That funding is the primary way in which the government funds ECE in NZ. 

As an alternative to ECE in facilities such as a kindergarten, some parents prefer home-based ECE services, where their children are cared for and educated in a family home with a small number of other young children (5 or less), allowing for more personal attention and a more family-like atmosphere. Providers of such services can still be paid the ECE 20 hour per child funding, so long as they meet the government's criteria to have a licensed home-based ECE service.

Because the government is paying for these services, they have the right to set out certain criteria. 

What Mr Hipkins and the Labour government have proposed is to review home-based early childhood education services, and investigate the introduction of minimum qualifications levels for these educators. 

In the wording of all documents, announcements etc, it has been clear that they are referring to the providers of home-based ECE services, rather than to home educators in general (ie homeschoolers). Where the term "home-based educators" is used, it is within the context of a heading or section specifically stating it is about "the review of home-based early childhood education," such as on page 21 of this Cabinet document on the reviews being sought. 

​This review is also not targeted only at home-based ECE providers; ECEs in general will be reviewed, and incentives given to thos who employ only fully qualified teachers. There are also a number of other parts to the review, such as reviewing NCEA, the Tomorrow's Schools policies that have underpinned the education system since 1989 and so forth. 

In so far as I have seen, there has been nothing whatsoever that indicates an intention to review home education policies. Home education/homeschooling is certainly not mentioned at all in the Cabinet proposal or any documents so far released. 

The short answer is we don't know. During the lead up to the elections, Chris Hipkins submitted thousands of written questions to the then-Minister of Education Hekia Parata on a range of matters. Within those many, many questions were only 7 connected to home education. They were (summarised):

• What criteria does the MoE use to assess home education applications?
• How many home education applications have been approved in the last 5 years?
• How many applications have been declined in the last 5 years?
• Why were they declined?
• How many home educated students have been directed to attend a registered school because they were not meeting the required standards in the last 5 years?
• What checks, if any, does the MoE make on the quality of education being provided for home educated students?
• What checks, if any, does the MoE make on the physical environment and safety of home educated students?

All of these questions were answered (some not very accurately). What Mr Hipkins or his party made of the answers or intend to do with them, if anything, remains unknown. 

What we do know, though, is that so far our current government have not released any statements or information that indicate an intention to review home education. I believe that they have so many other aspects of education to focus on at present that they are unlikely to do so in the near future. Keep in mind that at around 0.7% of the total student population, home educators are, to the government's mind, small in number and therefore not all that important. 

A new government which is seeking to consolidate it's position in its first term is unlikely to focus much time or resources on relatively insignificant matters. 

Previously, less than favourable changes for home educators have been instigated by NZ First while in co-power, and of course we once again have NZ First in government together with Labour. However, the current Associate Minister for Education, Tracey Martin (NZ First), herself a former home educator, responded (as Deputy Leader and Education Spokesperson for NZ First) to the Home Education Foundation's request to each party for their position on home education in 2014 by saying: 
"At this time the New Zealand First Manifesto is silent in the area of Home Schooling. The reason for this is that no member of the Home Schooling community approached us over the last three years to inform us of any difficulties or areas of concern/improvement. New Zealand First does not create policy without first having a relationship with those to be directly affected by that policy.
Having Home Schooled one of our sons for a period of time I have a working understanding of the current environment under which the parents and students you represent are working."

NZ First was also shown in the Family First's brochure on election issues to support parental choice for education.
​
Nothing in their 2017 manifesto suggested any change.

As a sidenote of possible interest, Tracey Martin has written all the education policy for NZ First since 2008. She is currently one of three Associate Ministers of Education, so has certain areas of responsbility, one of the chief being Learning Support (Special Ed). THIS is a very interesting interview with her. 

On the one hand, there is nothing to be concerned about in regards to the intended review of home-based ECE educators, as that has nothing to do with home education. 

HOWEVER, we do need to remain alert, informed, wise and responsive. Any government can make decisions that DO affect home educators. If we do not keep ourselves informed, and respond appropriately, we may miss the opportunity to take action to protect our rights and freedoms as home educating parents. 

I recommend the following:

• READ the Cabinet paper on the current review so you know what the proposals and intentions are, HERE
• Be CONNECTED to other home educators in ways which increase the likelihood of you being informed of issues that arise. For example, joining NCHENZ (free) means you will receive a quarterly newsletter. You can also join their Facebook page. There are numerous NZ home ed Facebook groups - some general, and some special interest. And then there are regional support groups and networks. 
• CHECK FACTS via a reliable source before reacting to an "issue" though - sometimes well meaning people misunderstand something and lots of speculation and worry can be rife unnecessarily.
• REMAIN AWARE of announcements, news articles and so forth related to education, and if you see something that could affect home education, then check the facts and discuss with experienced home educators. Let NCHENZ know if there is something of concern that needs to be investigated or addressed.
• SUPPORT the people who are proactively working to promote the interests of home educators. The NCHENZ committee, including myself, and Todd Roughton of Homeschooling NZ are some of the key ones who come to mind, along with those people within some regional groups who are liasing with the regional MoE offices. (More regional liaisons are needed - talk to me if you're interested!)
• PLAY YOUR PART by being aware of your rights and responsibilities as a home educator, and acting in a way that reflects well on the whole home education community. (More on this in a future post)
• STEP UP when called upon - if NCHENZ or another reliable home education source inform you of issues that need to be addressed and actions to take, please do your part. 

Enjoy the freedom you have to home educate your children. But never take it for granted! Remember, a lot of the freedom you now have is there because those who went before you did these things, without the benefit of the internet. 

The Education and Training Act 2020 is the piece of legislation that governs most things education related. You can read the entire Act HERE. For the previous Education Act 1989, go HERE. 

​The main three sections to consider here are (with links to previous Act version under each):

Section 35 Domestic students aged between 6 and 16 years must be enrolled at registered school
(1) Every domestic student must, during the period beginning on the student’s sixth birthday and ending on the student’s 16th birthday, be enrolled at a registered school.
(2) Before a domestic student’s seventh birthday, the student is not required to be enrolled at a school more than 3 kilometres walking distance from the student’s residence.
(3) Subsections (1) and (2) do not apply to international students.
Compare: 1989 No 80 s 20
 
Section 36 Students of registered schools required to attend whenever schools are open
(1) Except as provided in this Act, a student is required to attend a registered school whenever it is open if the student--
(a) is required to be enrolled at a registered school:
(b) is aged 5 years and is enrolled at a registered school.
(2) A board must take all reasonable steps to ensure that the school’s students attend the school when it is open.
(3) For the purposes of this section, a student attends a school on any day if, on the day,--
(a) it has been open for instruction for 4 hours or more; and
(b) the student has been present for 4 hours or more when it was open for instruction.
Compare: 1989 No 80 s 25(1)-(3)
 
38 Long-term exemptions from enrolment
(1) An employee of the Ministry designated by the Secretary for the purpose (a designated officer) may, on application by a parent of the student, grant the parent a certificate that exempts the student from the requirements of section 35 if the designated officer is satisfied that the student--
(a) is to be taught at least as regularly and well as in a registered school; or
(b) is to be taught at least as regularly and well as in a specialist school or a special service (if the student would otherwise be likely to need special education).
(2) If a designated officer refuses to grant a certificate under subsection (1), the applicant may appeal to the Secretary, who, after considering a report on the matter from the Chief Review Officer, must confirm the refusal or grant a certificate.
(3) The Secretary’s decision is final.
(4) An exemption certificate granted under this section must state why it was granted.
(5) The Secretary may revoke an exemption certificate, but only if the Secretary--
(a) has made reasonable efforts to get all of the relevant information; and
(b) has considered a report on the matter from the Chief Review Officer; and
(c) is not satisfied under subsection (1).
(6) If the Secretary thinks any student to whom an exemption certificate applies would be better off if receiving special education, the Secretary may revoke the certificate and issue a direction under section 37.
(7) An exemption certificate expires when the person to whom it applies turns 16 years or enrols at a registered school, whichever occurs first.
(8) A certificate continues in force until it is revoked or expires.
Compare: 1989 No 80 s 2

So, legally, a child from their 6th to 16th birthdays must be enrolled in and attend school, unless they are exempt under Section 38 as home educators (or one of the other types of exemption, but we won't go into those here). This means that until the exemption is granted, the child should remain in school. 

In some circumstances, parents believe it is not in their child's best interests, or otherwise reasonable, to keep their child in school during the application process. Common scenarios include:

• A child who is suffering from extreme anxiety regarding school
• A child who is not safe at school
• A child who's health and/or well-being prevents them from attending school
• A family who have just moved to the country or an area, and to put them in school for a very short time would be unreasonably disruptive and/or expensive for family and school
• A family who have made a last-minute decision to proceed with home education, and school is going back in for a new term or similar
• A family who believe their child is simply better learning at home, perhaps because they have not been making appropriate progress at school
• A family who are simply keen to get on with it
• A family who's child turns six during the application process

Every parent has both the right and the responsibility to look out for their child's best interests. The Care of Children Act states that parents have the right to decide important things for their children, including where and how they will be educated (which is the reason Section 38 exemptions exist). I encourage all parents to remain within the law if at all possible - the onus is on parents in most circumstances to arrange to submit an exemption application in a timely fashion so that they can begin homeschooling their child without a period of truancy. However, parents must also consider their child's needs and well being and do what is best for them. 

If you have decided to keep your child home during the application process, then there are some things you should know, and some options you should consider. 

Firstly, if either of the following can be applied, then there will be no "truancy" during this time:
1) Talk to your child's school principal. Explain the decision you have made, and ask them if they would keep the child on the roll and mark them down under one of the following until the exemption is granted:

• "justified absence"
• learning at home with the school providing schoolwork 
• principal's discretion for alternative education on the basis that you will be educating them at home (Section 52a) 

2) See your child's doctor and ask for a medical certificate for a period of 4-6 weeks. Give a copy to the school, who must then mark the student as absent for medical reasons. HOWEVER, please consider this: a doctor does not have to put a reason on the medical certificate, but will make a note in the student's medical records. If the reason for the child being unable to attend school is around anxiety or mental health, do consider whether it would be in their best interests to have this in their medical records if it's not already there. I have heard, anecdotally, of young adults being refused life insurance due to a medical record of mental health issues from several years earlier. I imagine with the high suicide statistics among young people this is a concern to insurance companies. Now, this may only be a problem with serious mental health issues, rather than things like school anxiety, but I would recommend considering this carefully and perhaps discussing with your doctor etc before you go down this route.

If the principal and/or doctor is unwilling or unable to be supportive about this, then you will need to decide whether to keep them home anyway. Meanwhile, they will be marked on the roll as "unjustified absence." 

​When a referral to Attendance Services will happen
Each school is responsible to have and abide by it's own policies regarding the running of the school, and this includes how they handle non-attendance. The policy will usually determine at what point the school will refer the student to Attendance Services. This may be as little as three days, or as long as 20 days, of unjustified absence. After 20 consecutive days of unjustified absence, the school can remove the student from their roll if they are 5 years old or 16 and over; as students of those ages are not legally required to be enrolled in school, once removed from the roll there is no truancy matter to be followed up. For other student, the School Attendance Regulations 1951 also direct a school to remove the student from the roll after 20 consecutive days of unjustified absence, unless they have been told the absence is temporary. 

All students in NZ are on a national database known as ENROL, which also shows them linked to their school of enrolment, or as being home educated if exempt. If a student is removed from the school's roll and not enrolled in another school, nor exempt, then there is an automatic enquiry triggered for Attendance Services to follow up on.

If your child has just turned six and has never attended a school or ECE, then they will not yet be on ENROL. In that case, it is very unlikely anyone will be following up on why they are not enrolled in/attending school unless something else triggers it. 

Attendance services are contracted out by the MoE to various companies across the regions. All of these subcontractors have one primary role in regards to absent children: to talk to the families and try to ensure the child is returned to some suitable form of education. If they are asked to do so by the school, or an automated enquiry from ENROL, then they must follow up a family (though some are prompt about this, and some seem to take a long time!)

If you are contacted by Attendance Services, it should begin as a non-threatening enquiry as to why your child is not in school, and what your plans are. 

If you tell Attendance Services that you have chosen to home educate and have put in an exemption application, then the only things they should say then are:

• That usually takes about 4-6 weeks to process
• Please refer to the Ministry's website for more information

They might also try to discuss, especially if the child has already been absent for some time, whether it would be best to put them in school until the exemption is granted. If you have made a firm decision about that and communicate it to the Attendance Officer, then they should leave it there. 

Attendance Services only remaining role in the event of an exemption application is to follow up and ensure that the exemption was granted so they can close their file - they can do this by accessing ENROL in due course. 

Most Attendance Services staff are pleasant people, and in some cases they can be very supportive. There's no reason to be afraid of them.

On rare occasions in the past, we have had incidences where individual attendance staff have made ill-informed and inappropriate statements to parents about the exemption process and their part in it. If you happen to experience that, please get in touch. 

It's important to understand that Section 20 (requiring attendance) is there to protect a child's right to an education. It's aimed at ensuring children do go to school. For a law to work, there have to be possible penalties for those who break the law. In the case of on-going truancy, the law (Section 243 and Section 244) allows for fines to be imposed on parents, but ONLY upon conviction in a court of law. The fine for the first infringement is a maximum of $300, and for subsequent infringements, up to $3000 in the case of irregular attendance, and a maximum penalty of $3000 in the case of non-enrolment.

Note, however, that a court case and fines are generally treated as a last resort when all attempts to discuss and support a family so their child can be returned to school have failed. 

In a situation where a parent has decided on an alternative form of education - namely in this case home education - and is in the process of applying for an exemption, there is unlikely to be any attempt to prosecute them. If, however, the exemption is declined and the child remains absent or non-enrolled for a prolonged period without resolution, then the Ministry may consider doing so. 

An exemption application and attendance are two separate matters. Your child being "truant" during this process does not affect the exemption application and it's outcome. Note, however, that you can expect to see the following:

• When the Ministry acknowledges receipt of your application, they use a form letter which includes a reminder that children from 6-16 must remain in school during this process
• If you happen to have direct contact with Ministry staff, they may also remind you of this law

These things are to be expected. Take them in your stride and consider them in context with the rest of the information in this post.

If at all possible, apply for a home education exemption 4-6 weeks before you intend to begin homeschooling, and remove your child from school once it is granted. (Sometimes exemptions are processed much faster than that, but no guarantees). 

If this is not possible, and you feel your child cannot remain in school until it is granted, discuss the situation with your child's principal and/or doctor and see if you can have them under "justified absence" in the meantime. 

If that fails, you must consider the best interests of your child and act accordingly, understanding that you may be contacted by Attendance Services during this time. If so, be polite and firm, and ask for support from your local home educators group, myself or NCHENZ if needed.