I posted a copy of the letter I sent the Ministry on behalf of parents who are affected by the Ministry recently "clarifying" their position that exempt children cannot be present at Playcentre (or other ECE) with their parents. This is the reply I recieved from a Ministry Senior Advisor. My subsequent email to him is below. 

Kia ora Cynthia,
 
Thank you for your email about children enrolled in school attending early learning services.
 
We share your views about the importance of parent and whānau involvement in parent-led early learning services. Parent-led services provide parents and whānau with the opportunity to learn more about parenting, develop social and community networks and build greater confidence, as well as lead the education and care of their children.
 
We have not changed our stance on children enrolled in school, or those participating in home education, not being able to attend early learning services. The recent change to our website was not a change in policy but rather, clarification to make it clear that children participating in home education are also not able to attend early learning services.
 
Children enrolled in school/home education
 
Early learning services are set up to provide education and care to pre-school children and operate with a set of rules to ensure the specific needs of younger children are met. As you will know, playcentre needs to meet the same requirements as other early childhood education centres.
 
One of the requirements is that the premises and resources are kept for the exclusive use of children participating in the early learning programme. This is about making sure the environment is kept safe for young children, that they have space to explore and that their learning opportunities are not impacted by older children, who generally operate at a different pace and on a different scale to infants and younger children. This means that children enrolled in school, or those participating in home education, cannot regularly join in the activities offered at an early learning service during licensed hours.
 
I understand that this won’t be the answer you are looking for. However, the legislation which dictates how early learning services operate, does not allow for children enrolled in school, or those participating in home education, to attend early learning services, aside from certain exemptions.
 
Ngā mihi,

My reply sent today:

Thank you for your email, and for clarifying that this is not a recent change but rather clarification on the website.
 
I have read all of the relevant legislation and policy documents that I am aware of in regards to ECE in a setting such as Playcentre in their entirety – please let me know if there are any I have missed. My understanding is that the regulatory framework consists of 3 guiding documents, namely:

• The Education and Training Act 2020
• Education (Early Childhood Services) Regulations 2008
• The Ministry’s document titled “Licensing Criteria for Early Childhood Education & Care Services 2008 and Early Childhood Education Curriculum Framework”(as amended May 2016)

I think the key issue here is the use of the word “attend” – there needs to be clarity around context and whether it means “be enrolled in” or “be present at;” obviously there is overlap in the sense that one anticipates that children who are enrolled in the ECE will also be present there, however one does not need to be enrolled in something to be present, necessarily. For example, a parent might attend a high school special assembly to witness their enrolled student’s participation in it, accompanied by their pre-schooler. Both the high school student and the preschooler (as well as their parent) “attended” the assembly at school, but only one was enrolled; the others were simply present.
 
In reviewing the regulatory framework, I note that there is clear guidelines on who can be enrolled in an ECE – ie, 0-6 year olds, excluding 5 year olds who are enrolled in school and not under a transition plan. However, there is nothing which states who can be present (or not) at an ECE in regards to families of the enrolled children, with the exception of excluding parents who are a danger to the children.
 
On the contrary, parents have right of entry to an ECE where their child is enrolled/present (other than the exception noted), and there are a number of places in the regulations where specific allowance is made for the possibility that non-enrolled students may be present in the care of their parents. I pointed out a couple of them in my last email. Here’s another:
 
Schedule 2 of the Education (Early Childhood Services) Regulations 2008 sets out the adult-to-child ratios for early childhood education and care centres. Schedule 3 sets out the service sizes for the same. Notable point in the definitions at the end of each Schedule:
 
“In the case of a centre...., every child present (including the child of the service provider or person responsible or supervisor or staff member) of any age also counts as a child.” (Emphasis mine)

The regulations specifically allow for the fact that other children, particularly the children of responsible adults helping run the service, may also be present (not enrolled), and that they may be of “any age.”

One of the understandings behind this is simply this: parents are responsible for the supervision of their children who are not old enough to be left on their own. If those children are not enrolled in school (and thus attending and supervised there), then they are likely to be with the parents who may be present at the centre – this applies to both children who are pre-school age and not enrolled in the centre, and those who are 6 or over and not required to attend school during that time.  The writing of the Acts concerned allows for that. There is no legislation or regulation that says that they cannot be with the parents who are responsible for them. To exclude those children from being present at appropriate times is to also exclude their parents. and by extension in the case of Playcentre to exclude their enrolled siblings, as Playcentre does not provide a drop-and-go care service.

No one is arguing about the fact that the ECE centre is intended to be for the use of the enrolled preschoolers, and that they should be the focus of the program, resources etc, and their learning and engagement should not be interfered with by older children who may be present. However, this does not mean that legally other children may not be present, when they are being supervised by their own parents or caregivers, whose responsibility it would be to also ensure those older children do not adversely effect the experience or learning of the enrolled children. Bear in mind that most older children will not be able to be present because they are required to be attending school at that time; we’re talking about a very small number of children scattered across the country – Playcentres would not be overrun with older children! For those families, though, this is hugely important.

You stated in your email that “the legislation which dictates how early learning services operate, does not allow for children enrolled in school, or those participating in home education, to attend early learning services, aside from certain exemptions”  - please point out which part of the legislation prevents children in the care of their parents from being present at an ECE in which their sibling is enrolled, unless due to the fact that they are required to attend school at that time? I cannot find any such regulations.

Rather, this would appear to be a case of the Ministry making decisions which are in line with their own thinking, but are extra-legal; not governed or sanctioned by law. This is overreach and would, I believe, not stand up to judicial review (unless, of course, I have missed a pertinent regulation somewhere).

I’d like to request, please, that the Ministry have their legal team review this situation more thoroughly, taking into account the matters I have raised in my emails.

Please let me know the outcome.

​Kind regards
Cynthia Hancox
Government Liaison: National Council of Home Educators of NZ (NCHENZ)

In 2017, a law change was passed requiring enrolled 5yos to attend school. This caused a lot of confusion about parent's ability to withdraw 5 yo children from school. I outlined the facts HERE. 

Now that the Education and Training Act 2020 has come into force this July, I'm writing this updated version of the situation with links to the new legislation.

The purpose of this post is to clarify what the attendance requirement for 5 year olds do and don’t mean. 

​

1. The age at which a child MUST be enrolled in a registered school under law remains unchanged at 6 years old. Section 35 of the Education and Training Act 2020 says that a domestic student must be enrolled in and attending a registered school from their 6th to their 16th birthdays.
2. As previously, students MAY be enrolled in a school from their 5th birthday. It is against the law to enrol a child younger than 5 in a registered school. (s62). This is still the parent’s choice. They do not HAVE to enrol their child at any time prior to the 6th birthday.
3. The 2017 change, continuing in the new Act, is that once a child is enrolled in a school they are required to attend, even if they are under the age of 6. These attendance requirements are covered by Section 36 of the 2020 Act. This means that parents whose 5yo children are enrolled in a school are subject to the same requirements to send them each day as the parents of an older student. The only exception is if a transition plan is in place to ease them into full time attendance.
4. HOWEVER, there is nothing in any part of the Act that prevents a parent from UN-enrolling their child (permanently removing) them from a school (for any reason). If the child is less than 6, a parent can still unenroll their child and begin home educating them immediately, so long as by the time they turn 6 they have obtained an exemption (or enrolled them in a school).
5. A parent or guardian can apply for an exemption to home educate their child, on the basis that the child is to be “taught at least as regularly and well as in a registered school.” This long-term exemption from the requirements of Section 35 is covered by Section 38 of the Education and Training Act. Because it specifically refers to “exempt…from the requirements of Section 35” which only covers 6-16 year olds, home education exemptions continue to be applicable only to students from the age of 6. (No change under the new Act). As per agreed Ministry policy, parents can apply for an exemption any time after the 5th birthday, and have the application processed and the exemption granted, but the exemption comes into force from the 6th birthday, as prior to that there is nothing to be exempt from.

March 2022 update: there continue to be problems persisting with schools and/or Ministry staff telling parents they cannot unenrol their 5 year olds. I recently emailed the Ministry's national office about clear information being easily accessible to staff, schools and parents to clarify this and hopefully mitigate problems. Janine Moss, Manager Provider Services, sent this:

"Children who are five years old can be withdrawn from school. If they are currently enrolled at a school they must be attending, but they can be removed from the roll and leave the school at the parent or carer’s request. Parents can refer the schools to the following links if there is any misunderstanding. Links on unenrolling five year olds can be found on Parents.education enrolling-and-starting-your-child-at-school and the Ministry website Starting school"

Parents should be able to provide their schools with the above links (or the one below) to clear up any confusion; scroll or click on the "Unenrolling 5 year olds" sections to go directly to the specific info. 

Clarification was also added to the Ministry's Bulletin to School Leaders of 15th February which says this:
"Update: Five-year-old children enrolled in school: Our bulletin on 1 February noted that “While families wait for their application to be assessed, legally all children aged over six years must be enrolled at and attending school (children can enrol at age five and once enrolled must attend)”.
Children who are enrolled in school from the age of five may be removed from the roll before their sixth birthday at their parents’ request. In this instance, children will not be required to attend school until they turn six.
Schools should update ENROL using the leave reason “Caregiver decision” for these situations."

A related matter - returning to ECE:
A related matter I get asked about from time to time is "If my child has been enrolled in school at 5, and then I withdrew them, can they be re-enrolled in an ECE, and receive the funding?" The answer is yes, they can. Any child under 6 who is not enrolled in a school can be enrolled in an ECE, and if they meet the other eligibility criteria, receive the 20 hours-per-week funding. 

A family who experienced difficulty around this asked for my support. The result was an email from the ECE team at the Ministry that confirmed:
"If a child under the age of 6 has recently enrolled in school, then subsequently un-enrols from school in order to re-enrol in an early learning service for an ongoing period (for example because the parents have decided that the child is not ready to transition to school), then they are eligible for any early childhood funding available.  Children are not able to access early childhood funding if they are enrolled in school on an ongoing basis, eg they cannot enrol in an early childhood service in the school holidays."

​Legislation and Links:
The current Education and Training Act 2020 can be viewed online here: http://www.legislation.govt.nz/act/public/2020/0038/latest/LMS170676.html

My step-by-step guide to getting a home education exemption can be found HERE.

The Ministry of Education's information about home education exemptions can be found HERE.

Section 58 of the Ministry's 2018 internal Home Education Policy and Procedures Manual confirms that 5yos may withdrawn from school at any time and not re-enrolled in a school until they turn 6

The Ministry publishes a document for schools and BOTs called Attendance Matters. The current version is out of date on a number of points, but I include it here to point out that it states under the National Administration Guidelines (NAGs) on Page 15 that "a parent is free to withdraw their 5 year old at any time and not re-enrol them in another school until they are 6"

Quite recently, the Ministry made an arbitrary decision that exempt students could not be present at Playcentre sessions with their parent/s and siblings. Playcentre NZ passed this information on to families, causing considerable upset. I was asked to write a letter to the Ministry on behalf of families. Here is the content of that letter, which outlines the issues (see their reply and my follow up email HERE):

Dear Ministry of Education,
I’m writing concerning a recent Ministry determination that children over the age of 6 with homeschooling exemptions cannot be present at Playcentre sessions. This position causes a number of problems which the Ministry may not have taken into consideration, resulting in families being discriminated against and their ECE-aged children excluded.

Playcentres are in their very nature and philosophy family-centric, and this is a big part of the reason that families choose a Playcentre as the ECE for their child. Quoting from the Playcentre website description of what Playcentre is:
  “Playcentre is your village.  See children delight in their surroundings - play with them, alongside them, encourage them to interact with others while you meet other parents and educators.
  Parents are the first educators of children, and Playcentres around New Zealand foster the involvement of whānau through early childhood education.
  As a family, and as a community, you’ll build your own village with Playcentre: making life-long friends along the way.”

Playcentres are run by parents, and rely on parents who gain the required qualifications in order to run sessions. It is often those parents who have a longer involvement with Playcentre through having several successive children attend who are particularly invested in gaining those qualifications and helping to run the Playcentre.

It has been common over the years for parents with both ECE-aged children and older, home educated children to bring the older children with them to sessions if they do not have alternative care available at those times. Individual Playcentres took the responsibility to have in place policies and processes that ensured that the needs of the enrolled Playcentre children remained paramount, and that any older children present did not detract from that. Usually, though, the opposite is true – older children bring benefits to the centre and enrolled children, such as by modelling skills and good behaviours, by helping out in practical ways, or by reading or playing with the younger children. Of course, some of the older children would simply be present but working on their own schoolwork etc in an out-of-the-way spot.

Several parents have sent me letters to include, and they are attached. I have also heard from a number of other families through online group discussions etc. Here I will summarise some of the main points made by these and other parents whose families have been affected by this situation:

​Playcentre the only suitable ECE option: For some families, their younger children’s early childhood needs cannot be met elsewhere, either because of their geographical distance from other ECE options, or because their child’s specific needs and/or family philosophy make any other options unsuitable.

Parents must attend with their children, and older children cannot be left unsupervised: For many families, the main reason their older children attend the sessions with them is that there are no other suitable options for their care and supervision during those times – and of course these kids cannot be left on their own at home. If they cannot be brought to the Playcentre with their sibling/s, then this means that the younger sibling must be withdrawn from the Playcentre also, missing out on ECE all together, which surely flies in the face of Ministry and government policy which encourages engagement in ECE for all NZ children of that age.

​Parent’s being forced to choose between their children: Parents put in this position feel like they are being forced to choose one child’s needs over the other’s, which is unfair. These are caring, committed parents who want to see ALL their children thrive and be provided with good opportunities; with one stroke the Ministry has put them in a very difficult position.

Putting the viability of Playcentres themselves at risk: If such families are forced to withdraw from Playcentre, there is significant risk that many Playcentres will be unable to run their sessions, and some may have to close, because they will no longer have parents with the required qualifications present to run them. Therefore, not only their own children, but also other local children will miss out.

Harming the wellbeing of families and communities: As is clear from the ethos of Playcentre as quoted above, the sessions are not just about the children either – they are of benefit to the whole family through encouraging relationships between the children AND between the parents and by extension their families. For a lot of young parents, their local playcentres provide the best opportunities for them to find support and make connections within their communities, and to make friends with other parents with whom they have things in common. The Ministry’s decision puts all of this at risk, thus potentially affecting not only the early childhood education of the enrolled children, but the overall well-being of their families and communities. This is particularly magnified in small or rural communities.

The Education and Training Act 2020 defines an Early Childhood Education and Care Centre as:
“means premises that are used regularly for the education or care of 3 or more children (not being children of the persons providing the education or care or children enrolled at a school who are being provided with education or care before or after school) under the age of 6 years by day (or part of a day) but not for any continuous period of more than 7 days”

This definition excludes the children of the persons providing care and education to the enrolled children from being counted in the number of children being provided for, but it does NOT exclude them from being present. In fact, it actually allows for the very possibility that they MIGHT be present, by excluding them in the definition as counting towards the number being cared for.

Likewise, if one looks at Section 19 of the Act which outlines the requirements for a licensed home-based education and care service, it discusses how many children may be enrolled in the service as well as how many other children may also be present who are under 13 and not enrolled in school. (Notably, in those circumstances it allows for ONE person to be providing for the education and care of up to 4 enrolled preschool children while also having the care of 2 or so additional children up to age 13 who are not enrolled in school, yet the Ministry would apparently argue that parents at a Playcentre where there are a number of adults present could not do the same.)

These sections show that there is a clear understanding within the Act that in some circumstances, persons involved in providing the care and education of enrolled ECE children may also have other children of their own present during sessions.

Exempt children who are present at Playcentre with their parent/s and siblings also benefit from the opportunities presented, which help them to develop in the key competencies, particularly those of relating to others, and participating and contributing.

Their own education is not being neglected, as playcentre sessions are for limited hours each week, during which students are either engaged as discussed above, or quietly working on their own work. Meanwhile, there are plenty of hours in the week for their parents to use to ensure that the exempt student’s own work is completed and all needed teaching is provided.

In conclusion: The Ministry’s decision that over 6 yo exempt students cannot be present at Playcentre with their families means that some children and their parents will be unable to have the opportunity to participate in ECE and/or the Playcentre community, to the detriment not just of themselves but of the whole family and wider community. It also means some Playcentres will be unable to run sessions or may be forced to close due to lack of suitable qualified people to run them. And it puts parents in the terrible position of being forced to choose between their children.

On the other hand, there is nothing in the law that actual prevents such children from being allowed to be present, and there is absolutely no harm being done to the education of the enrolled children under these circumstances – rather their experience and learning is often enhanced; any rare individual issues can be handled suitably on a case-by-case basis by the affected Playcentre through their own policies and processes.

We therefore ask the Ministry to urgently reconsider their position on this matter.

Yours faithfully
Cynthia Hancox
Government Liaison: National Council of Home Educators of NZ (NCHENZ)