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Have You Been Asked For More Info? Don't Panic!

1/5/2022

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With the recent rise in exemption application numbers, there has also been a corresponding rise in folk who have been asked for additional information by the Ministry (to be expected). I see some common questions around this part of the process, and some recurring concerns. 

Let's take a look at some facts and info around this process. 
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Important facts

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. 

Being asked for more info is common & ways to respond

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. 

Understanding the questions/getting help

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 info

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. 

Conclusion

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. 

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Declined Exemptions - Statistics, Reasons & Next Steps

3/27/2021

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Ask about how often exemption applications are declined on social media, and you may be told "almost never." Let's take a look at the actual facts and statistics around this, as well as on what basis the Ministry can decline an exemption application, and what your options are if your application is declined. 

Statistics

So how often ARE exemption applications declined? Back in 2017, I, in my role with NCHENZ, asked the Ministry of Education for detailed information around outcomes of exemption applications for 2010-2017. The data was extracted in Oct 2017 and provided in a report, so the 2017 information was incomplete. However, there was a great deal of useful data provided. Here's some of the most important data for this discussion:
Year
Total Applications
Approved
Lapsed/withdrawn
Declined
2010
1179
1076
36/18
49
2011
1119
1008
69/9
33
2012
1064
987
43/4
30
2013
1194
1121
45/8
20
2014
1083
1011
53/11
8
2015
1274
1189
56/15
14
2016
1337
1243
57/23
14
Jan-Sept 2017
1274
1087
36/18
9
Lapsed: A lapsed application is one where the Ministry has asked for additional information, and the parents have not responded within the permitted time frame. As they do not have sufficient info to be satisfied that the application meets the criteria, it is listed as lapsed, and a letter is sent out effectively declining the application. I've listed these stats separately to the other declined ones as it makes the overall data clearer. 

Withdrawn:  These are applications where the parents have decided not to proceed. This could be for any number of reasons - they simply changed their minds about homeschooling, the Ministry offered a suitable alternative such as Te Kura to which the parents agreed, the family moved overseas, or after being asked for more information they chose to withdraw etc.

Declined: These are applications which were actually declined (refused) by the Ministry. There are a limited number of reasons why this can occur, and if it does, parents have some options as to how to proceed, both of which I'll discuss in more detail below.
Important totals: If you add up the total number of declined applications over the above period and compare it to the total applications received, one sees that 2% of applications were declined, or an average of 1 in 50. It's notable, however, that the number of applications declined year on year decreased fairly steadily over those years, for a number of reasons. If we take the complete years of 2015-2016, when 14 applications were declined each year, we find that 1% were declined, or 1 in 100 applications.

Note: I am planning to ask the Ministry for updated data for the last few years, though it may be some time before this is available.

Reasons an Application may be Declined

Not meeting the application criteria sufficiently to satisfy the Ministry: The law says that the Ministry may grant an exemption application "If, on the application of the parent, they are satisfied that the child is to be taught at least as regularly and well as in a registered school." While "as regularly and well" is not further defined in law, the exemption application contains a series of questions or sections which must be completed to provide the Ministry with sufficient information on which to judge whether the proposed program will meet this criteria.

If an application does not contain sufficient information, then the Ministry staff member processing the application is required to contact the parents and let them know what areas of the application they need further information in, and the parents have up to 4 weeks to provide this. If they do not, the application lapses. If they do, then their application is further assessed with the additional information taken into consideration.

If the application, with additional information, still does not satisfactorily meet the criteria, then the Ministry may decline the application. (Some offices may provide another opportunity by asking some more questions, but this is not required, except where the application has proceeded to peer review, and the peer reviewer is asking for details the initial staff member did not pick up on). 

Of all applications declined from 2010-2017, 74% were declined because the application was not satisfactory in regards to curriculum or timetable (ie general content of application in Sections 2-4 of current forms).

False declaration: If parents make false declarations in the exemption application, it can be declined on that basis. The main part of the application this applies to now is Section One, where they ask if you have had help with the application. If you have, then you are required to state so, and the nature of the assistance. There is nothing wrong with having support in planning or preparing your application, so long as you are up front about this.

Welfare concerns: If the Ministry has evidence that the child's safety or wellbeing in the home is in question, such as a notification from Oranga Tamariki that this is the case, then they can decline the application based on welfare concerns. HOWEVER, in such a situation they should usually let the parent know about the information they have received, and the parent should have the opportunity to respond. 

Of all applications declined from 2010-2017, 24% were declined due to a false declaration or "student health and safety." 

Ministry believes that the parent cannot carry out the proposed program (maybe): This is not something one generally hears of, but there is one case that is currently still being navigated where the Ministry made a decision to decline an application, even though the application satisfied the criteria, because based on outside information they had received, they believed the parents may not be capable of delivering the program outlined. Again, in such a case, the Ministry must inform the parents of such information, and give them an opportunity to speak to it. The current case aside, for this to be the reason to decline, the Ministry would need to have compelling evidence, and conduct further investigation including discussing with the parents before making a decision to decline on this basis. However, except in extreme cases, this really should not be a reason to decline. If parents have a sound application and plan, they should be given the opportunity to put it into practice. 

Declined - Now What?

If your application is declined, does that mean the end of the road, and you just can't homeschool? Absolutely not! If you would like to gain a home education exemption after being declined, you have two choices: appeal or reapply. 

​Appeals: The letter declining an application will state that you may appeal the decision by writing to the Group Manager, Service Delivery, Learning Support at the national office. The appeal process requires (by law) that the Ministry must ask ERO to review your application and give a recommendation as to whether or not it meets the "as regularly and well" criteria. They will then review the file and this recommendation, and decide whether to grant the exemption or uphold the decline decision. Note, however, that if your application reasonably didn't meet the criteria (including additional information you may have provided), then appealing is essentially a waste of time. I recommend appeals only when there is evidence to suggest that the decision was unfair, or that the Ministry did not follow due process. I would also recommend you have support from an experienced home educator/advocate to understand the requirements and how best to lodge an appeal. To discuss this further, Contact Me. 

Reapplying: If your application was declined, you can simply reapply. First, though, you will need to update your application (or write a new one), ensuring that it DOES meet the criteria in a way that is satisfactory. You would then submit it as a new application to your local Ministry office. However, they are then required to forward it to a different regional office for processing (assessment), to avoid bias. Once that other office makes the approve/decline decision, the letter advising of this will come from your local office. For help understanding the requirements of an application, read my Guide, or Contact Me. If you are reapplying, you really want to make sure you get it right this time, so I'd recommend having an experienced home educator read over your application before you submit it. I do offer this service, or you could talk to your regional home educators group to find someone local who may be able to support you in this. 

Summary

Approximately 1 in 100 applications are declined; approximately 75% of these because they did not meet the criteria to satisfy the Ministry that the child would be taught at least as regularly and well as in a registered school. 

Before the Ministry can decline an application, there are certain processes they must follow, including giving parents an opportunity to provide additional information. 

If your application is declined, you can appeal (if the decision was unfair) or reapply, doing your best to ensure your new application does meet the criteria.
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