The key piece of legislation is from the Education and Training Act 2020, Section 213, which says:
"The Secretary may require the managers of a private entity that is not registered under section 214 to apply for its registration as a private school under that section if the Secretary considers that the entity is operating as a school, whether or not any exemption certificates issued under section 38 are held in respect of any or all of the students being taught there." 

This means that if the Ministry believes that a private group is operating in a way that fits the legal description of a private school, even though the students involved hold homeschooling exemptions, they can require that group or organisation to apply for registration as a private school. 

The description of what constitutes a private school is taken to be the criteria for registration of a private school as set out in Schedule 7 of the Act:
The criteria for registration as a private school are that the school--
(a) has premises that are suitable, as described in clause 3; and
(b) usually provides tuition for 9 or more students aged 5 years or over but under 16 years; and
(c) has staffing that is suitable to the age range and level of its students, the curriculum taught at the school, and the size of the school; and
(d) has equipment that is suitable for the curriculum being delivered or to be delivered at the school; and
(e) has a curriculum for teaching, learning, and assessment and makes details of the curriculum and its programme for delivery available for parents; and
(f) has suitable tuition standards, as described in clause 5; and
(g) has managers who are fit and proper persons (as described in clause 6) to be managers of a private school; and
(h) is a physically and emotionally safe place for students.

The Ministry has an internal document called the Home Education Policies and Procedures Manual, published in 2018. This document guides regional staff on processes related to home education. I obtained a copy under the Official Information Act shortly after it was published. While it has not yet been updated (to my knowledge) to reflect the new 2020 Act, the principles remain the same. In respect to home educators operating as private schools it notes the following key points:

• "It is illegal for home educators to form a school. However, many home educators meet together on a regular or semi-regular basis. A parent has not necessarily relinquished responsibility for their child's learning if they are being home educated in these groups.
• These home educators could be an extended whanau or large family who are not trying to form a school. However, large families or extended whanau should be advised that if they were to teach children from other families they could be in breach of (Section 213).
• The larger and more organised a group is (especially if they teach nine or more children) and the less responsibility parents have for their children's education, then the more likely it is that a group would need to register as a school. 
• Whether there are nine or more "students"  is not the only factor to consider when determining if a group is  operating informally or as a registered school. For example, if a group of six children from five different families are being taught together several days a week at a specified location by a single adult using planned lesson material this can be regarded as a school. 
• In contrast, an indeterminate group of home educating parents meeting for three mornings a week delivering educational programmes to their children does not necessarily constitute a school. 
• Similarly, a Sunday school run by home educating parents is probably not a school either under Section 213 even if it had more than 100 children or young people attending. This is because it is restricted in scope and, though regular, is in session for only a small period once per week. 
• Other factors that may contribute to an assessment that a home educator group is in fact a "school" included whether they are or there is:

1. Advertising
2. Taking on a formal structure or name
3. Hiring a site or establishing a substantial "school" building rather than simply meeting in a convenient location
4. A lack of involvement or control on the part of parents
5. A timetable that resembles a typical school day - ie Monday to Friday for periods of six hours or more"

They go on to quote the criteria for a private school from the Act, then note that if a regional office becomes aware of home educator groups that may be operating in breach of Section 213, they should refer the matter to the national office who will seek legal advice on further action, and that:
"in the past the Ministry have asked large home educator groupings to cease operations immediately or seek provisional registration as a school. In the case of small groups, the Ministry should advise that the emphasis in these groupings should be on individual, rather than group, instruction." 

Quite a number of years ago, there was a small group of parents in one area who all decided to homeschool their children, using the same curriculum. They decided to have the children together 3 days a week, with a teacher (parent) overseeing them, and the children work at home with their own parents the other 2 days. When the number of children reached 9, the Ministry said they needed to register as a private school. To actually make this registration work (since they had to then meet ALL the criteria of a private school registration) was not entirely easy, but with the support of an MP it happened, and the small private school came into being. Over the years that followed, they first continued with the 3:2 model, then 4:1, until the school was eventually disbanded some years later. 

Of note: there was a planned curriculum, the parents were handing over supervision of their children for several days a week, and the numbers exceeded 9 before the Ministry saw it as a problem. Because they were using the same curriculum at "school" and at home, there was also consistency in what they were doing. You'll see why that is important below.

I have had contact more recently with two separate people who WANTED to register and set up a small private school, but the Ministry told them they could not, because they didn't/wouldn't meet the criteria. 

In one case, an experienced teacher of a certain style curriculum wanted to make this available to a small group of children. When she attempted to register as a private school, the main two reasons the Ministry refused were:

• She did not have 9 or more students aged 6 and over (yet - a couple were only 5)
• The premises she wanted to use had a bathroom in a separate building that would also be accessible to other users of the greater site (ie not exclusive to the use of the "school")

The alternative for her was for the children to get exemptions, and still be taught by her as intended. 

In the other case, a parent wanted to set up a programme where the children would come together 3 days a week to be taught by teachers, and the other 2 days a week would have the freedom to be at home with their parents, working on alternative projects or learning according to what the parents wanted to do. This came out the family's personal experience and wanting to offer families the best of both worlds. The Ministry said they would not be able to meet the criteria  of a private school (as currently proposed) because:

• "A school that is only instructing 3 days out of 5 is likely to be assessed negatively as to whether it meets the registration criteria as the regularity of instruction would only be 60% of that of a comparable state school meaning it may not have suitable tuition standards. So the key question around this proposal is what is proposed to take place on the 2 days the students wouldn’t physically attend. If the school was still instructing (e.g. by remote means) then this might meet registration criteria for e.g. It would depend on what is proposed."

This second example contrasts with the group that WERE registered as a school in the section above, who were using the same programme in school and at home.

So, it seems that sometimes even if you want to be private school or the Ministry thinks you should be a private school, you may not meet the criteria and so not be able to register as a private school. While what I set out above is the initial criteria of what constitutes a private school, to actually register as a private school, one has to meet more detailed criteria set out in Schedule 7 of the Act. 

Private schools are not fully funded by the Ministry - they are funded (usually) by the fees charged to parents. There is partial funding - the exact amount varies a bit by year and by age of students, but it's in the vicinity of $1100-$2300 per student per year. See HERE. If home educated students are part of a group which becomes registered as a private school, their exemptions would cease, just as they do with any school enrolment. 

​A registered private school has to meet a number of requirements, including reporting, ERO reviews, and now, vaccine mandates. 

Any parents considering forming a group and hiring someone to teach their children or leaving their children to the care and teaching of another person should carefully consider the criteria of a private school laid out in the above information and in the Act. 

Note that in the following circumstances, you should not be considered to be operating as a private school:

• Getting together as a group to do activities with the children, including, for example a specific class such as art class or a history class once a week. These are limited in scope and duration. 
• Getting together with one or two other families to teach and learn together part of the time - because all the parents remain involved and responsible for their children's teaching/learning. For example, one year our family and another (9 kids between us) met up one day a week to do science and some other activities together. The other mother and I took turns planning and delivering the lessons for the week, but we were both there and involved. Even if you did this for more days per week, you should not be considered a private school if the parents of each family unit remain directly involved in what is happening. 
• Getting the kids together to play or do some fun or sports activities, even if some of the parents do not remain present for the time. This is again, limited in scope and duration and is not handing over key teaching to someone else. 
• Hiring a tutor to deliver certain subjects to a small group one day a week or for several short sessions over the course of the week. Eg to hold a math class 3x week. Again, limited scope and duration. 
• Using an online platform for the children to be taught remotely for some classes - they remain in their own home under the supervision of their parents. 
• And, according to one of the examples above, possibly even having the kids taught as a group by one or two people 2-3 days a week, while doing other learning at home the rest of the days. 

Generally though, the key (but not only) things that the Ministry initially considers to determine whether home educators may be operating as a private school are:

• How many students there are (9 or more, though this number is not an exact requirement)
• Whether the parent is handing over teaching responsbility to someone else (and how much they're handing over)

Before setting up a group learning kind of situation for home educated children, consider the above information and whether your group might be considered to meet the criteria of a private school, and what that would mean for you and your group. 

Yesterday the government announced sweeping COVID-19 vaccine mandates for the health and education sectors. Included in the statement were "home-based educators" which has caused much confusion. This also happened a few years ago when the government introduced requirements for home-based educators to have a certain level of qualification. 

The confusion arises because since 2015, the Ministry of Education has referred to homeschoolers as "home educators" as requested by the home education community themselves during the 2013-2015 review of homeschooling. This term more accurately reflects the wider homeschooling community than "homeschoolers." It is, however, very close to the term "home-based educators" which refers to an entirely different sector of education.

Section 10 of the Education and Training Act 2020 defines a home-based educator:
Home-based education and care service--
(a) means the provision of education or care, for gain or reward, to children who are under the age of 5 years, or who are aged 5 years but not enrolled at school, in--

• (i) the children’s own home; or
• (ii) the home of the person providing the education or care; or
• (iii) any other home nominated by a parent of the children; and

(b)includes the provision of education or care to any child of the person providing the service who is--

• (i)under the age of 5 years; or
• (ii)aged 5 years but not enrolled at school

Clearly, this applies to people caring for other people's children ages 5 and under in a private home, for "gain or reward" (ie being paid). 

Home educators (aka homeschoolers) on the other hand are parents caring for and teaching their own children who are, if exempt, ages 6 and up (though their younger children, if any, are of course also there); they are not being paid for this. So by no means does the above definition apply to home educating parents, and we are therefore not included in the new mandate. 

Furthermore, I received an email today (12th October) from Janine Moss, Manager, Provider Services at the national office of the Ministry in which she said:
​
"I can confirm that the new requirements for testing and vaccination do not apply to parents who home educate their own children. If home educating families come together as a group (eg for trips or sports) then they are subject to the general health order (eg physical distancing, masks) for the alert level in their location."

To answer this fully, let me use the Covid-19 Vaccination Health Orders. They outline who is mandated to be vaccinated. For our purposes here we are focused only on the parts related to education. The order says that people in the following groups must be vaccinated:

Part 9: Groups in relation to affected education services
9.1 Workers over the age of 12 years who carry out work at or for an affected education service (including as a volunteer or an unpaid worker) and who--
(a) may have contact with children or students in the course of carrying out that work; or
(b) will be present at the affected education service at a time when children or students are also present
9.2 Providers of a home-based education and care service

NOTE: the words "affected education services" are important. They are defined in the Health Order:
affected education service means--
(a) a licensed early childhood service:
(b) a registered school:
(c) a hostel

The definitions of each of these three kinds of services are affirmed to be the same as in the Education and Training Act 2020. 

This means that the order (mandating the vaccine for educators) applies ONLY to those who are in contact with children at/in a (student) hostel, registered school or licensed ECE service (including home-based ones). 

Someone who happens to be a teacher or tutor who is in contact with children in a setting unrelated to the above three is NOT mandated to be vaccinated in order to carry out that teaching or tutoring. 

All of the mandates regarding education currently are directed at sections of the sector which, in a nutshell, are government funded. That is, registered schools and early childhood centres, and all the staff who work in them, as well as volunteers that spend time there, plus hostels which are used entirely or mostly for the accommodation of students at registered schools. 

They are not directed at private families or private teaching/tutoring settings not linked to an affected education service. 

Update 16th January 2022:
The above remains correct and current. There are NO mandates for homeschoolers to be vaccinated. The roll  out of vaccines for 5-11yos has no effect on this. There have been no new health orders passed that affect homeschoolers (home educators) in this regard. There is nothing on the Ministry's website to suggest otherwise. If you hear differently, it is just another one of the rumours flying around. Please disregard and don't spread it. If, however, at any time you come across something on a government website you think puts a different light on things, please contact me with the link. I will check into it and update this page if necessary (as well as let you know what I find). 

What does affect homeschoolers in the same way as any other member of the public is restrictions under red/orange settings regarding entry to locations that may require vaccine passes, whether because they are mandated to, or because local councils or venue/business owners have decided to require them. In such cases, homeschooled students aged 12 yrs and 3 mo or over cannot access these venues, even for educational purposes, without a vaccine pass. This is an issue that schools are also wrestling with where they can't take students who don't have the pass to EOTC facilities or camps etc. As the new school year unfolds, I will be watching to see what, if any, changes may occur in that space, that may or may be useful to home educators. 

At this time it is unclear whether children aged 5-11 will be issued with vaccine passports and/or require them to enter these venues in the future, as this has not been indicated in legislation or govt websites so far. Currently the government Covid website says only those age 12+ can get a vaccine pass, and that those aged under 12 do not need one. Whether this will change once 5-11yos have had two doses (about March), remains to be seen.

Updates 23/1/22
Some folk are expressing concern about the Vaccination Amendment Order 2022, specifically this section: 
5 Clause 8 amended (Duties of relevant PCBUs in relation to vaccinations)Replace clause 8(3) with:
(3) A relevant PCBU must not allow an affected person who provides a home-based education and care service to carry out certain work unless satisfied that every person who is--
(a)at least 12 years of age but under 18 years of age in the home where the home-based education and care service is provided is vaccinated; and
(b)18 years of age or older in the home where the home-based education and care service is provided is vaccinated and has received a booster dose.

This does NOT say home educators must be vaccinated! It once again applies only to "home-based education and care services" (ie paid ECE services) as defined in the Education and Training Act 2020 (see the start of this article above). The above clause is amending THIS clause of the Vaccination Health Order, and the only difference it makes is differentiating between 12-17yos in the home where the service is based needing 2 doses and 18yos plus needing a booster. Again, this has nothing to do with families who are (or will be) homeschooling with exemptions (unless one of the parents also happens to be running an Early Childhood service out of their home). 

You are free to begin homeschooling right away. If they are 5 and currently enrolled in school, you will need to get them removed from the school roll. For more on that process and why it matters, read my article on removing 5yos from school. 

​However, prior to your child turning 6 years old, you will need to obtain a certificate of exemption, as explained below. Applications may be submitted any time after the child's 5th birthday, and will be processed and approved, but the start date of your exemption will be the child's 6th birthday, as before then there is nothing to be exempt from.

If you wish to find out about curriculum ideas and resources right away, you may find my manual called Planning Your Home Education Programme helpful, and you can also find ideas and resources at www.nchenz.org.nz. 

The law requires that all children in NZ (who have domestic student status*) from their 6th birthday until their 16th birthday are required to be enrolled in and attending a school, unless they are exempt. 

To gain a long term exemption from enrolment so you can homeschool, you must apply to the Ministry of Education, demonstrating in your application your intention to "teach your child at least as regularly and well as in a registered school." This is known as a "homeschooling exemption."

There is one other kind of exemption, but it applies ONLY to 15yo students who meet certain other conditions - it is called an Early Leaving Exemption (ELX) and is primarily for 15 yos who can gain no further benefit from school and have a job or alternative training course to move onto. This kind of exemption is not the focus of this article. 

* All NZ and Australian citizens and NZ residents have domestic student status. For more on who else that applies to, or what happens if you are a foreigner living in NZ, read THIS article. 

The Ministry of Education has a page on their website on homeschooling, HERE. Do have a read through the page, as it covers quite a lot of information. At the bottom of the page is a downloadable, form-fillable pdf application form. There is also a second download, which gives some additional guidance regarding the content of the application form. 

Things to note:

• Section One of the form is the data section - name, date of birth, address etc and a legal declaration. You do need to use this section of the official form. 
• The rest of the form is optional - you need to cover all the information required, but you do NOT have to use the Ministry's document to do it in. If you prefer, you can use a Word document or similar to write up your information, and for most folk this is much easier to do and safer in terms of saving the data than the MoE's form. You would then attach this separate document to your email when you submit the application, along with the official form with just Section One completed. 
• Many folk who are new to homeschooling find the Ministry's form confusing, which is why I have created a Guide to Homeschooling Exemptions which will walk you through the requirements and help you write your application. It includes a template Word document you can use to write your application in, if you wish. 

In your exemption application, you need to outline the first 12 months of your intended programme of learning for your child, including WHAT you will teach, and HOW, and what, if any, specific curriculum resources you will use to support this. It is not sufficient to say you will figure this out later; that will not satisfy the Ministry. 

The whole point of the exemption application is to "satisfy" the Ministry as to "as regularly and well.." - in order to do so, you show them your plan for the first year, whereby they can see that what you propose to teach is suitable to the child's age and needs, sufficiently broad, and that you have sufficient planned topics, resources etc to enable you to carry this out. So first, you need to do some research and make some decisions about what your programme will look like. 

I get asked a lot about resources and what to choose, so to help with that I have put together a manual on Planning Your Home Education Programme which outlines many resources for all ages and subjects, as well as additional ideas on teaching each subject. You may find this very helpful. 

The website www.nchenz.org.nz also lists some resource ideas, and has selected discounted resources available to members. And, of course, there is lots of info available online. 

I've also created a free video about exemption applications, which includes an overview of what is required. Watch it HERE

,Depending what help you need, here are some options:

• There are lots of Facebook groups for NZ homeschoolers/home educators. Many are general groups, but there are also special interest ones such as for families with ASD children, those who wish to unschool, folk using some (various) specific curriculums, Christian home educators and so on. These groups can be a great place to ask questions, see what others are using, and in some cases view examples of applications folk have chosen to share. Just hop onto Facebook and use the search to look for "homeschooling" or "home education" and then look for specifically NZ groups in the results. 
• You may be able to connect with some local home educators through the regional support groups. For a list of these, see https://www.nchenz.org.nz/support-groups/
• Don't forget to check out my guide to exemptions and my programme planning manual. 
• Once you've written your application, getting it looked over by an experienced home educator can be helpful. I offer this service for a fee. See HERE. 
• I also offer a service writing applications - I only do this for families who have chosen suitable curriculum resources for English, Math, Science and Social Studies, and are also able to provide me with information about the rest of their programme by filling in a questionnaire. I put together the information and wording to ensure it meets the requirements, but can only do so based on information you have provided (or in regards to the curriculum resources, that I can access online). I cannot make up your programme for you. For more on this service see HERE. 

I've written two articles that address related parts of this question. 
To read about how similar/different applications can/must be, see HERE.
To read about the possibility of combining information for children in one application, read HERE

Once your application is completed, it needs to be sent to the Ministry of Education for processing. There are 10 regional Ministry offices that process applications and deal with homeschooling matters - your application must go to the one of these whose geographical region you fall within. You can post or email your application - email is recommended. For a list of the regional offices and contact details see HERE. 

When you submit your application, you need to include:

• Section One of the Ministry's form, including all the required information. There is a declaration at the end of this section; you need to check the box to acknowledge it. You do not have to physically sign the form (though can if you wish) so long as you check the box and also include one parent's first and last names in the email to which you attach it (if emailing - if you're posting, then you'll need to print this out and physically sign it). Only one parent need apply or be named on the application. 
• Sections 2-4 of the form, either in the same document of the official forms, OR in your own format, such as written up in Word etc, as discussed above. 
• A copy of your child's birth certificate, even if not born in NZ (this shows that you the child's parent/s and so can legally apply for an exemption). If  the child was born in NZ or Australia, it also shows domestic student status. 
• If you are not the child's parent, then you need to include documents which show your legal guardianship - only parents or legal guardians can apply for exemptions. This does not mean, however, that only parents/guardians can do the day to day homeschooling of the child. In foster situations, for example, the application can be done mostly by the foster parent who will be homeschooling, with the Section One form signed by a legal guardian. These kinds of cases are a bit special, so Contact Me for more info or help around these. 
• If the child was not born in NZ, then you also need to include a copy of their passport/visa or residency/citizenship paperwork to show they have domestic student status. If their DSS is attached to the parent having a work visa, then you'll need to send a copy of that too. 

​​NOTE: do not send original birth certificate/passport/visa etc documents - just a scan or photocopy. They do not have to be notorised. 

When you submit your application, the first step for the Ministry is to check they have all of the above components, and to enter your application into the system. At this point they will also do two things - send you an email or letter acknowledging receipt of the application, and also notify the child's school principal (if applicable) that they have the application, "inviting relevant comment." Two things to know:

• The acknowledgement of receipt will include a reminder that if your child is between 6 and 16 they need to remain enrolled in/attending school during the application process. If you are considering not having them in school during this time, read THIS. 
• The purpose of inviting comment from the school principal is to find out about the child's progress, so that they have something from which to gauge whether the content of your application is appropriate to the child's needs. Some principals choose to comment beyond that. Keep in mind, that the Ministry are aware that some principals are hostile towards home education, and to consider their comments accordingly, and that if anything is raised that the Ministry considers relevant, then they should inform you of it and give you the opportunity to respond. A school principal (or other staff member) cannot prevent you getting an exemption just because they don't think homeschooling is a good idea for your child. 

The next step after the initial admin will be for the application to be passed to the staff member (Senior Advisor) who will be reading/reviewing your application and making the initial assessment as to whether it meets the "as regularly and well" requirements. In some regions, there is one person who does this for all applications, while in others, there are various staff members who may be called upon to assess your application. If the Senior Advisor thinks that your application does not yet meet the requirements, they will contact you and let you know what areas are lacking - you then have up to 4 weeks to provide additional information accordingly. 

At no point are you required to meet with or be interviewed by staff. You may, however, be contacted by phone in the first instance if more info is needed - you can ask for the questions to be emailed to you, and take the time to consider your response - you don't have to just answer over the phone, unless you are comfortable doing so. You may also be offered the option of meeting with them in person to discuss your application, but it is your choice whether or not to do so. 

Once the Senior Advisor is finished assessing your application (including, if applicable, any additional information you have provided) they will recommend it be approved (or declined), and then pass it to another staff member to peer review before having it signed off by the manager. At that point the certificate of exemption is issued, and sent to you by email or post, and the school are also advised it has been approved. 

If the exemption is declined, they must have it peer reviewed by a different regional office before officially declining. 

The processing of an application normally takes 4-6 weeks. However, it varies greatly by region and by what is going on - sometimes they are turned around very quickly by some offices, and at other times they can take much longer.

Most exemption applications are approved. However, if you have not met the "as regularly and well requirements" even after being given the opportunity to provide additional information, or in limited other circumstances, it may be declined. That does not mean the end of the road though - you can appeal, or reapply. For full information on how many applications are declined, and the next steps if this happens, read THIS article. 

One of the questions in Section One of the application is your intended start date. If you wish to submit an application but start at a later date, just state your intended start date in the form - the exemption will be post-dated and your child can remain in school until that date. If you later change your mind and wish to start sooner, then once it's approved you can contact the Ministry and ask them to reissue it with the earlier start date. 

Otherwise, once your exemption is approved with an immediate date on it, the Ministry will advise the school the child is now exempt, and to remove them from the roll, as an exemption and an enrolment are mutually exclusive under the law - they cannot both exist at the same time.

No, it's not more difficult to get an exemption for a child with special needs, though some additional information is usually required. The law requires that for a child who is otherwise likely to need special education, you must show that "they will be taught at least as regularly and well as they would be in a specialist school or special service." In your application, you will need to outline what your child's special needs are, how this affects their learning, and what you will do at home to meet these additional needs. 

The Ministry may also suggest a conversation with Learning Support staff around the child's needs and whether they can provide any additional support to you. It is up to you whether or not to do this. 

Support available at home that is funded by the Ministry is limited in that you cannot access funded teacher aid hours and similar in-school supports. You can however, access certain other things like SLT, OT, assistive technology etc. For more details on this, see HERE. 

Te Kura is the NZ correspondence school. In order to enroll your student in Te Kura, they must qualify under one of the gateways - some of which are funded, and some are not. 

Funded gateways include geographical isolation, itineracy, elite athletes, and psycho-social needs. If your child qualifies under one of these gateways, they will be fully funded and enrolled full time in Te Kura as their registered school - you do not need a homeschooling exemption, but do need to follow the enrolment criteria and process. For details about these funded gateways, see the enrolment policy HERE. 

If your child does not meet the criteria for funded access, and you still wish to use Te Kura for one or more subjects, you can choose to pay for this, after you get the exemption. To enroll in Te Kura as a fee-paying student, your child must be exempt. The fees are around $1800 per subject per year (for the fee schedule see HERE). Most homeschoolers do not wish to pay for Te Kura, and there are certainly many other programme choices. 

However, Te Kura is free for 16-19 year olds who are not enrolled in school - some home educators may choose to enroll their students at 16, so that they can complete NCEA qualifications if they wish to. 

It is possible for home educated students to gain high school qualifications, including University Entrance, through various options. Very briefly, the most accessible U.E options for home educators are:

• Doing NCEA via Te Kura as mentioned above. 
• Doing Cambridge Exams - the student studies at home using appropriate course materials, and then sits the exams as a Private Candidate at specific exam centres. THIS Facebook group is a good place to find out more, or visit the website HERE. 
• Completing the CENZ (Christian) Academic Certificate Level 3 - for more on this, visit Homeschooling NZ - www.homeschoolingnz.org. 
• Completing a GED/SAT combo. For more see HERE

​These are not the only ways to access university - they are simply the most common qualification options. And if your child does not need to get into university - perhaps they're aiming for polytech or an apprenticeship or to go straight into employment - then there are additional options that may suit better. Whatever your child is ultimately aiming for, the best advice is always to contact the prospective course provider or employer and ask what they require for admittance/employment, and then to tailor your child's programme accordingly. 

How much homeschooling costs varies enormously, depending on how you choose to approach it, what resources you choose to use, and what you want to include. It can be done on a very limited budget using free resources (and a library card!) or you can spend a great deal of money, or anything in between. 

Once you have an exemption, you will be sent a declaration to sign every six months (more on that below) along with which will be a form asking if you wish to receive the Supervision Allowance, a small allowance paid by the govt to home educators, which you can use or spend in any way you wish. The annual amounts are as follows - they are paid in two installments in about June and late November:

• first child $743.00
• second child $632.00
• third child $521.00
• subsequent children $372.00

The forms are sent out in about April and September - if you gain an exemption after the print run is done, then EITHER they may send a part-period form out to you with your exemption or a few weeks later OR they may simply add the part period dates to the next declaration, and you will be entitled to a pro-rata amount for the part period. 

Once exempt, you will be sent six monthly declarations to sign and return stating that you have been teaching your child "at least as regularly and well" for the current six month period, and intend to continue for the next six month period (or start/end dates). This is the main way that the Ministry follows up to ensure you're still home educating "as regularly and well." It is a simple form with just a couple of questions and tick boxes. Legally, they can't require you to submit these, so the allowance is the "carrot" for you to do so - if you don't return the declaration you can't get the allowance. However, if you don't return it, then they will follow up in other ways to ensure "as regularly and well." 

Additionally, there is the possibility of an ERO review. These used to be routine, but the government withdrew funding for routine reviews of all home educators some years ago; now they fund reviews for up to 35 students per year. These students are identified through a complaints basis, and even if someone does complain, there is a process of giving you an opportunity to update them on your child's programme before they decide whether or not to request a review. Most years currently only around 10 or so students end up with an ERO review. A review process may also be initiated if you don't return the six monthly declaration (or respond to the reminder). For more on this (including history and stats) see HERE. 

So, in general, apart from signing a form every six months, no, you won't be checked up on, other than the statistically very small chance of an ERO review. Unless, of course, future governments decide to re-fund routine reviews.

Update: I recently wrote an article specifically about how home education is monitored. Have a read of it HERE. 

By law the exemption remains in force until either:

• The child turns 16 OR
• You enroll your child in a registered school OR
• Your exemption is revoked by the Ministry after an ERO review determines your child is not being taught as regularly and well 

...whichever comes first. There are no other circumstances in which, legally, an exemption can end, other than you as a parent telling the Ministry you want it to cease. 

There is an agreed policy in place whereby families can trial school for up to 10 weeks (not counting school holidays), and if they return to home education within that time, they can let the Ministry know and their exemption can be reinstated without a new application (unless there has been a "material change in circumstances" in which case they may want some updated details). 

Because under the law an exemption and a school enrolment are mutually exclusive, enrolling your child in school automatically ceases the exemption, but this policy allows families to trial school so they can explore the option of school and determine what is best for their child, without the concern that they'd automatically have to go through the whole exemption process again if after a few weeks at school they realise that home education is best. 

​If they are in school for longer than 10 weeks and you wish to return to home education, you will need to do a new exemption application. 

Going overseas for any length of time does not void your exemption. However, if you are away for more than 28 days, you will not be entitled to the allowance for the time you are overseas. Also, because of the need to sign and return the six monthly declarations while in NZ, you do need to let the Ministry know if you're going overseas so they can technically "cease" your exemption to stop the generation of the declarations (and send you one by email for a part period you may have been in NZ). When you return to NZ, you just contact the regional office so they can reactivate the exemption. 

Home education can be very, very rewarding! You do, though, need to think through what you want to do and how  in order to complete the application. Hopefully the above has answered your initial questions, and linked you to further information where needed. If I missed anything, feel free to leave a comment below with further questions which I will endeavour to answer (or add to this post), or for more personal questions, feel free to Contact Me directly. 

As at 1st July 2020, there were 7,192 (exempt) homeschooled students from 4,003 families*. This represents 0.9% of total school enrolments. Out of the 7,192 home educated students, 65.0% were aged 12 or under, 70.2% had been homeschooled for less than 5 years, and only 4.2% had been homeschooled for 10 years or more. 

By comparison, as of 1st July 2019 there were 6,573 homeschooled children from 3,597 families, representing 0.8% of the total primary/secondary student population. 

We know that the COVID situation of 2020 has driven an increased interest in homeschooling, but the above statistics will not fully reflect that, as many families made a decision to pursue an exemption after the first lockdowns ended in around May, and their applications would not have necessarily been processed before the end of June, the cut off for the 2020 statistical data. It won't be until late 2021 when the next set of data is published that we get a clearer picture. However, we do know this is so far the greatest number, and proportion of overall students, being home educated since the data began being recorded in 1998. 

Lots of data and statistics on home education can be found at Education Counts HERE. There is also much on the website that may be of interest to some related to school data, spending etc.

* This year for the first time the statisticians did not publish the number of families on the website; I contacted them and asked, and requested they revert to including it in the future, as this figure is important for various reasons, including planning and resourcing. 

Homeschooling turnover

Between 1 July 2019 and 1 July 2020 there was an overall net increase of 619 students; 1,607 students entered into homeschooling and 988 students finished homeschooling.
There were 1,347 students entering into homeschooling in the year ending 1 July 2020, 82.2% were aged 12 or under and 0.9% were age 16 or above. Of the students entering homeschooling during the year ending 1 July 20, 70.9% identified as European/Pākehā, 14.8% identified as Māori, 3.4% identified as Pacific, 4.2% identified as Asian, and for 0.7% of homeschoolers ethnicity is unknown.
There were 1,005 students finishing homeschooling in the year ending 1 July 2020, 43.5% were aged 12 or under, and 22.7% were 16-years old or above. Of the students finishing homeschooling during the year ending 1 July 2020, 25.5% had been in homeschooling less than a year, 43.2% had been in homeschooling for 1 – 5 years, and 10.9% had been in homeschooling for 10 years or more.

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. 

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:

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.

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. 

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. 

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.

Pointers: You can use the table of contents in the Act linked above to click on any section and go directly to it.

• By referring to the information below, hopefully you can find out which parts of the Act apply to a particular issue, and then look them up for yourself. All headings below are linked directly to the relevant section of the Act.
• Sections in blue below are directly copied/pasted from the Act. 
• Under each section in the Act, where relevant, it tells you which parts of previous Acts compare to the new wording. You can look each of those acts up on the legislation website. Eg under Section 36 copied below it says: "Compare: 1989 No 80 s25" this means Education Act 1989, version 80 (latest), Section 25. If you searched on the website for Education Act 1989, it would be the top result (or just click the linked text below).
• All references to state schools also applies to state integrated schools, unless otherwise specified.

This is pretty much a continuation of Section 20 of the previous Act, with a little rewording. It says essentially:

• Every domestic* student from their 6th birthday to 16th birthday must be enrolled in a registered school
• Before a student’s seventh birthday, the student is not required to be enrolled at any school more than 3 kilometres walking distance from the student’s residence. (Also note Section 43 below)
• The above do not apply to international students

Of note: refer to the definition of "walking distance" in the interpretation section at the beginning of the Act

Also note Section 243 for offences/fines related to this. Fines can only be imposed upon conviction in a court of law. And Sections 245-248 set out related matters if such proceedings occur - such as the burden of proof being on the parents.​

Related: Section 62-66 deals with restrictions on enrolment in a primary school, including that students cannot be enrolled before their 5th birthday, maximum age, and also policies around cohort entry.

* Domestic students include all NZ or Australian citizens, NZ residents, children on student visas whose parents have a work visa, and a range of others. For more on this, see HERE

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)

Note Section 244 for offences/fines related to attendance. Fince can only be imposed upon conviction in a court of law. And Sections 245-248 set out related matters if such proceedings occur - such as the burden of proof being on the parents.

Also note that subsection 1(b) above is the source of much confusion, even though it first came into being in 2017. Just because an enrolled 5yo is required to attend does NOT mean that parents can't remove them from the roll if they no longer want them to attend school, either to begin homeschooling or for some other reason. See HERE for more on this. 

T​his section sets out the ability of the Secretary and parent to agree, or the Secretary to direct, regarding the special education of a child that they be enrolled in a particular State or specialist school, or get help from a special service. 

Subsection 1(b) puts the onus on the parent to "ensure the student has education or help from a special service". How often are children not getting the help they should be; this wording of the law makes it the parent's problem, not the school's or the MoE's. 

​Note: this is not about home educated students as such, but I'm including it here because so many of the parents I talk to have children with special education needs that are not being met at school (thus considering home education), and they want to know their rights. 

Also note Sections 33 and 34 which set out the right of all domestic students to free enrolment and free education at any State School from the age of 5 to 19, and to attend during all the hours it is open for instruction. It also spells out the right of children with special education needs to have the same rights - preventing schools from limiting the hours that they attend.

Also note the related Section 47, which allows a reconsideration (ie appeal) of directions given under this section.

This is the key piece of legislation governing the ability to home educate and the issuing of certificates of exemption.
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 21

While this part of the legislation is not specific to home education, it is often of interest to families whose 15yo students are ready to move on to further training or work. The Ministry is generally reluctant to issue an ELX, as it is known, to a home educated student, but in some circumstances they will. 

​39 Exemption from enrolment of student who has turned 15(1) The Secretary may, on application by a parent of a student who has turned 15 years, grant the parent a certificate that exempts the student from the requirements of section 35 if the Secretary is satisfied that it is sensible to do so, on the basis of--
(a) the student’s educational problems; and
(b) the student’s conduct; and
(c) the benefit (if any) the student is likely to get from attending another available school.(2) However, the Secretary may not exempt any student who--
(a) has made insufficient progress in terms of any curriculum statement for year 8 published under section 90; or
(b) has not enrolled for a year level above year 8.(3) The Secretary must tell the chief executive of Oranga Tamariki the name and address and any other available contact details of every student exempted under subsection (1).
(4) If satisfied that it is in the best interests of any student to do so, the Secretary may revoke the student’s certificate granted under subsection (1).
Compare: 1989 No 80 s 22

​This section states that a student with an exemption does not have to be enrolled in any school.

​This section allows for:

• A plan of reduced hours for well-being needs identified in writing by a medical practitioner or psychologist 
• A transition plan for introducing a child of 5 more slowly to school
• Neither of the above can be for longer than 6 months, but can be renewed or extended once for a further six months under certain circumstances
• Attendance requirements do not apply to students who are enrolled only for a part-time program under the secondary-tertiary program or multiple-timetable arrangement.

Again, this section does not directly apply to home educated students, but may be of interest/relevance to some parents.

If a student is under 10, and the walking distance between their residence and school is more than 3km, or they are over 10 and the walking distance is more than 5km, they can be exempted from attendance at a school. Note, however Section 46, which allows the Secretary to direct these children to be enrolled in a distance school (ie Te Kura). Section 239 sets out offences/fines for failing to comply with a direction to enrol such a student in a distance school. 

​The Secretary can also grant an exemption "if it is sensible to do so for some other reason" but for a period of no more than 7 school days. This is pretty pointless, as a principal has the power under Section 44 to exempt a student for up to 5 days if the absence is "justified."

All parents should teach their children this information and their rights, and how to respond if questioned!

​Section 48 requires a school board to take all reasonable steps to ensure the attendance of students enrolled in their school/s, and gives them the power to appoint an Attendance Officer for this purpose. 

Section 49 sets out the powers of attendance offices and constables:

• To detain any person who appears to be between 5 and 16 and who appears to be absent from school
• To question that person about their name, address, the school they attend and its address, and why they are absent
• Before they can do either of these things, they MUST produce a badge (if police) or evidence of appointment (ie a certificate sealed by a board who appointed them)
• If not satisfied that the person has a good reason for being absent, they may transport that child to their home or the school they think they are enrolled in
• An attendance office, principal, the Secretary or a person appointed by the board or the Secretary may file charging documents, conduct prosecutions and take any other proceedings under this Part (ie re truancy)

Section 241 sets out an offence/fine for deliberately obstructing or interfering with an attendance officer exercising their powers, payable on conviction in a court of law.

This section is of particular interest because it sets out the grounds on which a principal may allow a student not to attend for an agreed period, in order to recieve "acceptable" tuition outside of the school. This is a replacement of Section 25B of the current Act, which I have written about in this article:   http://www.cynthiahancox.com/information/truancy-and-the-home-educator under the heading Principal's Discretion. This has sometimes been applied by principals to allow parents to home educate their children part-time, or to do so while waiting on an exemption. Nothing in the new wording prevents it being applied in the same way, though of course that is not the intention of this segment of legislation. 
​
The section also covers the ability of a school to allow a student to leave early on a particular day if there are good reasons, and they have attended for 4 or more hours (which gets marked on the roll as full time attendance). ​

​Note especially 1 (d) for exempt students, or (c) for Te Kura students. 
(1) An employer may not employ any person under the age of 16 years--
(a) within school hours; or
(b) if the person is a student participating in a secondary–tertiary programme and the employment would interfere with the person’s ability to undertake the secondary–tertiary programme; or
(c) if the person is enrolled at a distance school and the employment would interfere with the person’s ability to do the work of the course in which the student is enrolled; or
(d) if the person’s parent is granted an exemption certificate under section 38 and the employment would interfere with the person’s ability to be taught as well and regularly as in a registered school; or
(e) if the employment would--
   (i) prevent or interfere with the person’s attendance at school; or
  (ii) in the case of a person who is a participating student, interfere with the person’s ability to undertake their secondary–tertiary programme; or
  (iii) if the person is enrolled at a distance school, interfere with the person’s ability to do the work of the course in which the person is enrolled.
​(2)Subsection (1) does not apply if the person provides the employer with a certificate of exemption or other satisfactory evidence that verifies that the person is exempted (otherwise than under section 38(1)) from enrolment at any school.
Compare: 1989 No 80 s 30(1), (2)
Also note Section 240 for offences/fines related to this.

This section sets out that the Minister, by notice in the Gazette, can set out criteria for enrolment in a distance school (currently Te Kura is the only such distance school). It also discusses the right of the Secretary to direct some children to be enrolled etc. 

Students cannot be enrolled in the distance school unless they fit the criteria set out by the Minister (which is, essentially, what is laid out in the Enrolment Policy for Te Kura), or unless directed under Section 46.

Section 69 also sets out that some domestic students will have to pay fees for distance education, including students over 16 who are not enrolled in a school, and students with a Section 38 exemption (ie homeschoolers). This does not preclude the Minister from setting the fees at $0 as is currently the case for 16-19yos.

These sections deal with stand-down, suspension, exclusion or expulsion of a domestic student from a state school or state-integrated school. Section 76 also deals with the Secretary's power to direct that a student be enrolled in a specific school.

These parts may be of interest to parents trying to understand their rights and the law if their child is in this situation, often part of the reason some parents consider home education as an alternative.

Section 90 sets out that the Minister can publish a description of foundational curriculum policy statements, national curriculum statements and national performance measures, covering things like what areas of knowledge and understanding are to be covered, and what skills taught, during the school years, and what level of achievement is desireable, and how this will be measured etc.

These are specifically about what is required in SCHOOLS and do not apply to home educators. However, in meeting the "as regularly and well" requirements of an exemption application, we do need to give some consideration to ensuring our proposed program is at least as broad in scope as what is expected in schools, and will ensure the student is taught at least as regularly and well as they would be in school. 

Should the Minister publish any such requirements, they would be found in the Gazette; it may behoove us as home educators to be familiar with these. 

This affects home educators, because there has long been an issue where the Ministry questions groups of home educators who come together for various purposes, as to whether they "may be operating as a private school."

199 Secretary may require application for registration of school
The Secretary may require the managers of a private entity that is not registered under section 214 to apply for its registration as a private school under that section if the Secretary considers that the entity is operating as a school, whether or not any exemption certificates issued under section 38 are held in respect of any or all of the students being taught there.
Compare: 1989 No 80 s 35B
Related is Schedule 7, Section 2:
Criteria for registration as private school
The criteria for registration as a private school are that the school--
(a)has premises that are suitable, as described in clause 3; and
(b)usually provides tuition for 9 or more students aged 5 or over but under 16; and
(c)has staffing that is suitable to the age range and level of its students, the curriculum taught at the school, and the size of the school; and
(d)has equipment that is suitable for the curriculum being delivered or to be delivered at the school; and
(e)has a curriculum for teaching, learning, and assessment and makes details of the curriculum and its programme for delivery available for parents; and
(f)has suitable tuition standards, as described in clause 5; and
(g)has managers who are fit and proper persons (as described in clause 6) to be managers of a private school; and
(h)is a physically and emotionally safe place for students.
Compare: 1989 No 80 s 35C

​And Section 249 sets out related offences/fines.
Also note Section 629 (in Act or below) which states powers of entry into a premise where an unregistered private school is suspected of being.

Of relevance to parents with children in school, and who are experiencing significant issues with the school:

​Until now, any parent having a serious complaint or dispute with the school has had to take to the school's Board of Trustees, often with unsatisfactory results. Under the new legislation, there will be a Dispute Resolution Panel consisting of local community members and expert members for the purpose of resolving serious disputes - though parents must still first give the school an opportunity to resolve the dispute. These sections also set out the dispute resolution processes,  the types of outcomes, and when they are binding or non-binding. 

This section sets out the eligibility of students to enrol in a tertiary education program. The full wording is below, but note that any student who is eligible is entitled to be enrolled. 
​
​255 Enrolment of students
(1) A person is eligible to be enrolled as a student in a programme or training scheme provided by an institution if--
(a)the person is a domestic student or the institution’s council complies with section 525 and consents; and
(b)the person holds the minimum entry requirements for the programme or training scheme as determined by the institution’s council; and
(c)the person has attained,--
(i)if the institution has fixed a minimum age for enrolment at the institution, the fixed age; and
(ii)if the institution has fixed a minimum age for enrolment in the programme or training scheme, the fixed age.
(2)Subsection (1)(b) and (c) does not apply to a person if--
(a)the person has turned 20 years; or
(b)the council of the institution is satisfied that the person is capable of undertaking the programme or scheme concerned.
(3) An eligible student who applies for enrolment in a programme or training scheme at an institution is entitled to be enrolled in that programme or training scheme.
(4) However, the council of the institution--
(a)may determine the maximum number of students that may be enrolled in a particular programme or training scheme at the institution in a particular year if the council is satisfied that it is necessary to do so because of insufficiency of staff, accommodation, or equipment:
(b)may, in the selection of the students to be enrolled, give preference to eligible persons who are included in a class of persons that is under-represented among the students undertaking the programme or training scheme if--
(i)the maximum number of students who may be enrolled at an institution in a particular programme or training scheme in a particular year is determined by the council under paragraph (a); and
(ii)the number of eligible students who apply for enrolment in that programme or training scheme in that year exceeds the maximum number so determined.
(5) Nothing in this section prevents an institution’s council from refusing to permit, or from cancelling, the enrolment of a person as a student at the institution, or in a particular programme or scheme at the institution, on the ground that--
(a)the person is not of good character; or
(b)the person has been guilty of misconduct or a breach of discipline; or
(c)the person is enrolled for full-time instruction at another institution or at a school; or
(d)the person has made insufficient progress in the person’s study or training after a reasonable trial at the institution or at another institution.
(6) The chief executive of an institution that provides approved programmes of pre-service teacher training must ensure that the appropriate authorities of the institution liaise with the appropriate authorities of other institutions that provide the programmes to establish common requirements to govern the selection and enrolment of people in those programmes.
(7) In this section,--
eligible student, in relation to a programme or training scheme at an institution, means a person who is eligible to be enrolled as a student in that programme or scheme
year means a period of 12 months commencing on 1 January.
Compare: 1989 No 80 s 224

This section sets out the powers of the Education Review Office. 462 (2) states specifically the application to exempt home educated students:
(2) Sections 466 to 469 apply in relation to education services provided to persons who are exempted from the requirements of section 35; and, for the purposes of this subsection and sections 466 to 469, education service is to be construed in that context, and the meaning it has in the definition of applicable service in section 10(1) does not apply.

Sections 466-469 sets out the specific provisions concerning students with enrolment exemptions (note they do not have power or entry into a private home):

Provisions concerning students with enrolment exemption

466 Functions of Chief Review OfficerThe Chief Review Officer--
(a) may carry out reviews (which may be general or in relation to particular matters) of the education services provided to persons exempted from the requirements of section 35, and must carry out the reviews when directed by the Minister to do so; and
(b) must administer the preparation of reports to the Minister on the undertaking and results of the reviews; and
(c) must give the Minister any other assistance and advice that the Minister requires on the education services provided to persons exempted from the requirements of section 35.Compare: 1989 No 80 s 328A

467 Review officersReview officers designated under section 465 are also review officers for the purposes of section 466, and sections 468 and 469 apply to them accordingly.
Compare: 1989 No 80 s 328B

468 Powers of review officers for purposes of section 466(1) For the purposes of enabling any functions of the Chief Review Officer to be performed for the purposes of section 466, any review officer may, at any reasonable time and having given reasonable notice,--
(a) conduct inspections or inquiries:
(b) require a parent or other person to produce, and permit the review officer to make copies or extracts of, documents or information relating to--
(i) the education service the parent or other person provides; or
(ii) people to whom the education service is (or has been) provided:
(c) require a parent or other person to make or provide statements, in the form and manner that is reasonable in the circumstances, about any matters relating to provision of the education service provided by that parent or person:
(d) inspect the work of any person to whom the education service concerned is (or has been) provided:
(e) meet and talk with any person to whom the education service concerned is being provided.(2) Nothing in this section confers on a review officer the power to enter any dwelling house without the consent of the owner or occupier.
Compare: 1989 No 80 s 328C

469 Review officers to prove identity before acting under section 468A review officer who exercises any power under section 468 must, before exercising that power and, if requested at any later time, produce to the parent or other person providing the education service concerned the review officer’s certificate of designation.
Compare: 1989 No 80 s 328D

Home educators are paid a small supervision allowance; the Ministry cannot pay out any public funds unless on the basis that the legislation grants them the power to do so. While the supervision allowance itself is not written into law in so many words, the section of the legislation that applies is this:

Section 556 Grants to educational bodies
(1) An educational body may, on conditions that the Minister thinks fit, be paid grants out of money appropriated by Parliament for the purpose.
(2) However, a grant may not be paid to a tertiary education provider or a workforce development council unless the Minister is satisfied that the payment is in the national interest.
(3) The Minister may determine the amount of, and the conditions that apply to, each grant.
(4) Before a grant is paid, the Minister may give the educational body written notice that the grant, or a part or parts of the grant (specified as a particular sum or as a proportion of the total grant), is not to be used except for purposes specified in the notice.
(5) If notice is given, the educational body must ensure that no part of the grant to which the notice relates is used for purposes other than those specified for it in the notice.
(6) Apart from this restriction, an educational body to which a grant is paid may apply the grant as it sees fit.
(7) In the financial year during which a grant was paid to an educational body, and during the next financial year,--
  (a) the Secretary may, by written notice, require the educational body to provide the Secretary with any financial report, or statistical or other information, relating to the educational body, within a time specified in the notice and in writing; and
  (b) the educational body must take all reasonable steps to comply with the notice.
(8) The Minister may, for the purposes of this section and section 557, recognise a body that provides any educational or developmental service or facility, including a tertiary education organisation, as an educational body.
Compare: 1989 No 80 s 321

For more on the Supervision Allowance, see my article HERE

 ​These sections set out the powers of entry and inspection for an authorised person into schools, hostels, ECEs and private training establishments. There is no power of entry into a private home, with one possible exception (though it requires a warrant):

629 Entry where private school suspected of being unregistered
(1) A person who holds an authorisation under section 628(3), and who has reasonable cause to believe that any premises are being used as a private school in contravention of section 249, may apply for a warrant to enter the premises.
(2) An application for a warrant must be in writing, on oath, and be made to a District Court Judge, Justice of the Peace, or Registrar or Deputy Registrar of any court.
(3)​ A warrant may be issued if the person issuing it is satisfied that there is reasonable cause to believe that the premises are being used as a private school in contravention of section 249.
(4) A warrant issued under subsection (3) must contain--
(a)a reference to this section; and
(b)the full name of the person authorised; and
(c)a description of the premises concerned; and
(d)the date on which it was issued and the date on which it expires.
(5) A warrant issued under subsection (3) authorises the person named in it, at any reasonable time within 4 weeks of the date on which it is issued, to enter and inspect the premises described in the warrant to ascertain whether those premises are being used as a private school in contravention of section 249.
(6) A person acting under a warrant issued under subsection (3) must retain the warrant and must produce it, along with evidence of identity, to the occupier of the premises concerned--
(a)on first entering the premises; and
(b)whenever subsequently reasonably required to do so by that occupier.
Compare: 1989 No 80 s 35S

The Education and Training Act 2020 is a very large piece of legislation. The parts pointed out above are key sections of relevance to home educators and those who may be considering tranisitioning to home education. This is not the only piece of relevant legislation - for example the Care of Children Act which sets out the right of parents to determine such matters as how and where a child will be educated, legislation related to Family Court matters where parents are in dispute about this, and the regulatory framework around Playcentres may also be of relevance. 

However, for the purposes of this article, I would encourage all home educating parents to be aware of the above sections, at least sufficiently that they can return to examine them more closely if a need arises. I also strongly encourage all home educating parents to ensure their children understand what can and can't happen if they are questioned in public by anyone about why they aren't in school, and how to respond. 

ACE (Accelerated Christian Education) products and services are a popular choice among Christian homeschooling families in NZ. I see many questions about where to order the materials, and how the pricing is done etc, so here's some current information.

For New Zealanders, there are basically three main sources of the materials - SCEE in Australia, or a limited number of U.S suppliers. The situation with each varies, so let's look at them one by one.

Background: SCEE is the official South Pacific distributor of ACE products. They have a warehouse, bring in materials in bulk from the U.S, and on-sell to schools and families around the South Pacific. For many years, nearly all families in NZ purchased through SCEE. However, with increasing globalisation, more families began to seek cheaper alternatives and order from the U.S. In an effort to protect their market share, a few years ago SCEE asked ACE Ministries (the U.S parent company) to tell all U.S distributors not to sell to NZ families. Most, but not all, of them stopped doing so. 

Member Discounts and Ordering: One can order from SCEE either as a member of one of the affiliated schools or support agencies, or independently. The two affiliates for NZ home educators are HENZ (Home Education NZ) or Accelerate. Accelerate is the distance arm of SCEE, and is based in Australia. Just in the last couple of years SCEE has started directing NZ families to them rather than HENZ. High school age students under either of these work towards the ACE Certificate program, which is controlled by SCEE. A part of the contract requires that students paces be purchased from SCEE; if they don't see what they consider a suitable ordering history to indicated this, they will refuse to issue the certificate.

Families who are members of SCEE or Accelerate have a 5% discount on the cost of materials. According to the most recent invoices I've seen, they are also not charged GST on their orders (if anyone has a more recent order which shows differently, please let me know), though this may change as it does not appear to be in line with the current laws* (see below for more on this). Affiliate families order online through the webstore; their order will have their discount applied, shipping added and be in Australian dollars, which is how it is charged to their credit cards and then converted by their banks at whatever the current exchange rate is. 

Non-Affiliates There is another support agency in NZ - HSNZ (Homeschooling NZ). They are by far the biggest agency, though their scope is much wider than just ACE these days. They used to be a SCEE affiliate and provider of the ACE Certificate program, but wanting to offer Christian families and schools in NZ a much broader and more tailorable and NZ-relevant framework, they ended their contract with SCEE and created the CENZ Certificate program, which is also recognised by the Universities of NZ. They do not require member families to purchase from any specific curriculum providers. 

Both HSNZ families and others who choose to use ACE resources without belonging to a support agency can order from SCEE if they choose to do so. However, the billing system is more complex. Below is a brief outline. This difference is something SCEE instituted when the new GST laws came into effect, requiring overseas companies who sell more than $60K of goods or services to NZ customers per year to register for GST, collect it from customers on orders under $1000, and pay it to IRD. Here's how it works:

• A customer orders materials through the SCEE webstore (or via email etc). On the webstore, they are billed in Australian dollars, with shipping added. They get a confirmation of order email in Aussie dollars just like they saw on the webstore. 
• Next they get a new invoice. This time it's in NZ dollars, with the SCEE NZ* company listed, and shipping AND GST are added. They then need to pay the amount on this invoice by internet banking or Paypal.
• A significant fact is that the cost of the materials is not the AUD price converted at the current exchange rate, but a pre-set NZ price that is higher than the AUD equivalent. A recent invoice I saw put this at NZ$7.19 per pace/score key, plus GST and shipping. This can mean that what you get billed is significantly more than you may have expected when placing the order on the website, not just because of GST but also because of the higher pricing, which adds up over a number of items. Notably, nowhere on the website or webstore does it advise of these pricing or ordering process differences. GST is charged on both product and shipping (which is also a service) as required by the legislation.

For families who wish to order from an alternative supplier, there are two main options.

For Homeschooling NZ families only there is an arrangement in place with a specific U.S supplier. Details of this can be found on the HSNZ member Noticeboard or in the ordering information document under Resources on their website. As this is a company that supplies less than the $60K of product to NZ each year, they do not charge GST. Ordering is done by email to a specified contact rather than through their website, and they are great about minimizing shipping costs where possible. They email an invoice which can be paid by credit/debit card or Paypal. Their current per-pace price for most items is $3.20 US, which works out today to NZ$4.14, plus shipping. If your order is over $1000 including shipping you will be charged GST and duty at the border by NZ Customs, so keep that in mind if placing larger orders.

Other families choose to order from other U.S suppliers using a YouShop drop shipping address. This can be set up via NZ Post. When ordering via YouShop, the supplier is sending to, effectively, a U.S address, and may offer free shipping. NZ Post then calculates shipping to NZ, and charges that and a service fee, plus GST, to send the parcel on to you. NZ Post will also charge GST on the value of the product ordered, not just their shipping and services, regardless of the value of the parcel. The legislation requires them to do so.

Currently, the most cost effective source of ACE materials depends on your family situation and affiliations, if any.  

• For HENZ or Accelerate families, ordering from SCEE is usually cheapest due to a 5% discount and not (currently) being charged GST. 
• For non-affiliate families, other U.S suppliers may be the most cost effective option. Note, however, that NZ Math and Social Studies paces can only be ordered from SCEE (though for HSNZ families there are alternatives to these) 

* Note re GST for affiliates vs non-affiliates. As I've been writing this I've been thinking about how SCEE can not charge GST to some families (ie those who are affiliated) though the new legislation requires all suppliers selling more than $60K/year to NZ customers to do so. I believe the answer is likely this: in utilizing their previously registered SCEE NZ company name for all non-affiliate orders, they are effectively reducing their total sales volume to NZ under the SCEE Australia company to less than $60K (their affiliate customer base here is much smaller than it used to be); therefore sales via SCEE Australia can avoid charging GST to the customers whose orders are processed under that banner. Sales to non-affiliates are billed via SCEE NZ, and charged GST.

FAQ: "I'm writing applications for more than one child. Do they have to be totally different, or can I just change parts of the first one for the next child?" 

Your applications do not need to be completely different for each child. After all, teachers don't have to have completely different plans for each child in their class! However, you do need to provide some evidence you are taking into consideration the individual needs of each student. Whether that means they are working at different levels in core subjects so using a different grade/year level of program, or that you are setting some differing assignments in family unit studies in accordance with their abilities, or one is learning piano while another is into dance, or what have you,  will depend on your children, their ages, interests and needs.

​After you've written the first application, just save an extra copy, use the Replace function to change the name throughout (if you're written it in Word which makes this so much easier, otherwise you'll have to do it manually), and then go through and edit the parts that need modifying for the next child - if the children are fairly close in age this is likely to be primarily English and Math, then Science and Social Studies depending on your planned approach, and the rest is most likely just about individual interests where they apply. You also must have a different Topic Plan for each child. If they are more disparate in age, then the changes may be more significant.

If you are writing an application for, say, twins, you may not be sure how to personalise the applications at all. Do try and think of at least some areas where you can add comments about differing abilities or interests. Eg one might be particularly strong in spelling while the other really enjoys creative writing. You could comment on these, also indicating how you will continue to encourage them in these things. Or they might both like woodwork, but be keen on building some different projects. 

With children who are twins or very close in age, you might also consider a combined application. For more on that option, read THIS. 

General application hints:

• You do not have to use the Ministry's form to write the application - though it is recommended you use Section One of it. 
• For the rest, it's often easier/better to write it in Word or similar. This gives you better control over formatting, avoids the tech meltdowns the Ministry form often has, and makes it easier to change out additional copies for the next child. You would then just attach this separate document along with Section One in an email to send to the Ministry (no need to insert it into their form at all)
• I have a guide to walk you through the application requirements and help you write your own, including a template you can use. See HERE 

A summary of what should be different in each application:

• Child's name (and pronouns where applicable)
• Special Learning Needs where applicable
• English and Math program if they are of different ages/stages in their learning
• Any other graded program content if not working at the same level
• Info about individual interests, special abilities, or perhaps weaknesses you are working on
• The Topic Plan - use a different topic for each child's application, even if you intend to do them all together

Now, the main question is, are home educators required to include the seven learning areas in an application? The answer is no...and yes. Bear with me....

The legal requirement of an exemption application is that it demonstrates that "the child is to be taught at least as regularly and well as in a registered school." This does not mean "the same as" but it does mean the expectation is there that the child will be taught to at least a comparable standard, across a curriculum "at least as broad in scope" as they would experience in school. What that looks like is open to some interpretation and is not legally defined (which is a good thing), but this leaves Ministry staff looking for some kind of way of deciding whether applications meet that criteria. It's understandable that they fall back on their understanding of what a curriculum ought to look like, based in the NZ curriculum. When staff see an application which does not cover some of the above areas, they usually ask for information about them, and this can cause outrage amongst homeschoolers who like to insist that "we are not required to teach the same subjects as schools." 

It is true that we are not legally required to teach specific subjects. However, if one sets aside the idea of "required subjects" and sits back and looks at each of the learning areas and what they include, I think most reasonable people would agree that each of these are really just natural areas of learning that we ALL cover in some fashion with our children - the only exception being older teens who are at a level where they narrow their focus to prepare for specific further study or careers (and the Ministry are fine with that). Not sure about this? Read each of the following statements, and ask yourself whether you agree with them:

English (literacy): I do not want my children to learn to read, write, speak or listen. We're absolutely not going to include this learning area. 

Math (numeracy): no counting, adding, subtracting, multiplying, dividing, telling time, handling money, understanding days, or measuring anything for my kid!

Science: I plan to ensure that my child does NOT explore the natural world around them. We will not watch bugs, the clouds, ask questions about the stars and moon. There will be no experiments conducted here. I want to ensure my child remains ignorant of gravity, motion, centrifugal force, the seasons, weather, plants, insects, animals, hot, cold, etc etc. Nope, no science in our program! And we definitely will not be reading any books or watching any videos about inventors and inventions or any topics such as those above.

Social Sciences: my children will not be learning about people, places, events, the planet, volcanoes, earthquakes, oceans, how to read maps, who is in our community, emergency services, how to relate to other people and so on. We can definitely leave this learning area out of our program!

Technology: we wish to prevent our children engaging in any practical or hands-on learning. Solving problems is for the birds! There will be no cooking, gardening, sewing, woodwork, model making, financial skills, business skills, animal care, metal work, electronics, or life skills taught in our home thank you very much! And my child will NEVER learn to use a computer or other IT device. 

Health and P.E: Nope, my child will not run, climb, bike, play any sports, go for walks, swim or otherwise engage in physical activity. I much prefer them to be couch potatoes. And teach them about hand washing, personal hygiene, dental health, basic first aid, how their bodies change over time, how to have healthy relationships, how to deal with emotions, personal safety etc etc? Of course not!

The Arts: I don't have any pens, pencils or art supplies at home, and I certainly would not encourage my child to paint, draw, or do crafts. They will not listen to any music, let alone try to learn an instrument. We'll never visit art galleries or museums, or enjoy a public concert, play or other performance. Dancing will not be permitted, and they can forget dressing up and making up their own plays! And singing? Definitely not!

Now, I hope you have not been offended by my deliberately tongue-in-cheek sarcasm. My intention is to help the reader see how crazy it generally is to say we will NOT be including any of these areas in our children's lives. Many of these things will happen naturally in life, even if we have no particular plan, program, curriculum or whatever for them. And that's ok - for the purposes of the applications such things can and should be included by taking some time to think about and identify the kinds of things that are likely to be covered one way or the other, and ways in which your children might explore them. 

The purpose of this article is not to tell you what to include in the application for each of the learning areas (though the above might give you some clues). I will say that, in general, more detail and a degree of structure is expected for the "core" subjects of English, Math, Science and Social Studies in an application. That structure can be based on curriculum, unit studies, child-led learning, hands-on learning or whatever you choose. The Ministry will basically be looking for sufficient ideas, topics, resources and enough of a general approach to make sense in these subjects. When it comes to literacy and numeracy, those are considered key, and reasonable detail, given the age of the child, on next learning steps and how you will support them will be expected.

For the "non-core" subjects - Technology, the Arts, Health & P.E (and languages if you choose to include them) - these can be as unstructured as you like - they are mostly about identifying and writing down the kinds of things that are a natural part of life, or things you want to try with the kids or help them learn, and opportunities for engagement that they have. Where a child also has a particular interest, involvement etc already, then you will of course want to include these (eg in a sports team, dance class, having music lessons, learning coding etc). You don't need a ton of detail - but to show that the child will receive appropriate opportunities to engage with activities in these learning areas.

If you would like more specific guidance on the content of an application, then my exemption guide pack will be of great help. It is available HERE. 

 Conclusion:
I hope this article has helped you to understand why the seven learning areas are both natural and appropriate to think about in terms of your child's learning program or home education. You do not have to call your learning areas by the same labels as above. The key point is that you show a broad program with no obvious gaps in appropriate engagement opportunities. 
And, please, can we experienced home educators stop jumping up and down when the Ministry asks an applicant about what they will do for a given learning area (I used to do that too until I realised the above), and instead focus on helping parents understand what that might include?  There are certainly some things we should resist, but I suggest this is not a hill to die on.

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.