In Part 1 I posted a copy of a letter sent to the Ministry of Education on behalf of parents affected by their position that exempt children could not be present at Playcentres while their siblings are attending sessions. In Part 2 I posted their response and my follow up email in which I discuss the regulatory frameworks around Playcentre. This post contains the subsequent emails between the Ministry and myself on this matter, as well as one from Playcentre, and the next steps.

Email dated 13th October from the Ministry:
​Kia ora Cynthia,
 
Thank you for your email about school aged children attending early learning services. Apologies for the delay in getting back to, we have been consulting with our Operational Policy team here at the Ministry.
 
In the Education and Training Act 2020, it is stated in section 10(1) that an early childhood education and care centre is one that is used regularly for education and care of 3 or more children (not being children of the persons providing the education and 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. This means that children (in relation to an early childhood service, means the child attending or participating in the service) must be under the age of 6 to be attending the service.
 
The legal framework does not provide for the simultaneous care of older children. However, it does acknowledge that other children may sometime be present. For example, see Schedule 2(5) of the Education (Early Childhood Services) Regulations 2008 that sets out which children count for the purpose of determining adult:child ratios. Regulation 20A(2)(b) requires centre-based services to have exclusive use of the licensed premises. Therefore, home-schooled children are able to be present at an early learning service if they are in a separate space and supervised by adults who are not on session. This would be similar to providing out of school care at the same time that early learning is occurring.
 
Children and adults can attend an early learning service in situations that are of short duration and for a specific purpose, for example:

• dropping off or collecting a younger sibling with a parent or,
• attending an event at the centre with family or teachers (eg watching a performance).

 
When school aged children are present for a short duration, they must be supervised by an adult who is directly responsible for them and do not need to be counted in ratios. So if a child attends and their parent is an educator, then that educator can no longer be included in the ratio requirements.
 
Ngā mihi,

I responded:
Hi 
Thank you for your email. I have just one question – did the Ministry’s legal team review this as I requested? I understand legal services are different to the Operational Policy team, unless I am mistaken. 

To which they responded:
Kia ora Cynthia,

I sought feedback from our Operational Policy team here at the Ministry. They advised that this situation is quite clear and it would be unnecessary to go to the Legal team, so they provided guidance to me on the matter based on their interpretation. If you feel as though you would like further legal interpretation, then we suggest that you seek your own legal advice on this matter.

I also emailed Playcentre to ask if they would like copies of the correspondence with the Ministry about this matter, thinking they may be able to use it in their own discussions. They responded:

Kia ora Cynthia – thank you for your message via our website last week.
 
We are aware that this has been an ongoing issue for some members of our organisation. We are currently not in a position to contest the advice from the Ministry of Education but we would be happy to receive the information you refer to. 

I will be forwarding them copies. They did not elaborate on why they cannot contest the Ministry's advice.

Personally, I think there is reasonable grounds to conclude that the Ministry is interpreting law in accordance with it's own agenda in this matter, and not necessarily in accordance with the law itself. The most logical next step is to refer the matter to the Ombudsman, who handles complaints and investigates the administrative conduct of state sector agencies. There is no cost to do this, and I have today sent an email and copies of all correspondence to the Ombudsman.

Other alternatives would be for affected families to begin a petition, talk to their local MPs, or join together to consider pursuing a Judicial Review - which takes the matter to the High Court but incurs a $1350 filing fee plus legal costs. 

I will post the response from the Ombudsman in due course.

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)

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)

The purpose of this post is to clarify home educator's ability to access the government funded 20 hours per week E.C.E services for their children under 6 years old. 

A frequent question asked by parents of young children is whether they will still be able to have their child attend an ECE with the 20 hour funding up until their 6th birthday, if they have gained an exemption to homeschool for them.

The answer is yes!
Because....the law only requires children to attend school from their 6th birthday. Therefore before that birthday there is nothing to be exempt from. So, even if you apply for the exemption while they are 5 and it is granted, it does not legally start until their 6th birthday. Therefore they remain eligible for the ECE funding, if you wish, up until their 6th birthday. 

As explained HERE, if your child is enrolled in school prior to the age of 6, and you then decide you wish to remove them, you can do so, without an exemption. Once you have removed them, they are once again entitled to the ECE funding up until their 6th birthday. The criteria is ONLY that they must be aged over 3 and under 6 and "not be [currently] enrolled in a registered school."

If this is your situation, you need to make sure that the school removes your child from the roll! That is not only so you can get the funding if you wish, but also because if they do not, under recent law changes, your child will be truant and there can be consequences. 

Remember: school and Ministry staff sometimes are confused about these things. If you are told that you a) can't remove your 5yo child from school, or b) that you cannot get ECE funding for a non-enrolled child who has briefly been at school, or who has an exemption, then try politely explaining the facts to them, and if that does not work, you may Contact Me for support. 

Te Kura, the Correspondence School, also has an Early Childhood program. It has it's own eligibility criteria though - the child must qualify under one of it's access gateways as set out on the Ministry's policy, and must be a domestic student. 

Assuming your child meets the criteria, they may use the Te Kura program as part of their ECE funded early childhood learning. A child can be dual-enrolled in Te Kura ECE program and a qualifying ECE centre, with the latter being for no more than 8 hours a week.