Special programmes

A special programme is defined in Section 11B as one which has been approved by the Secretary and

1. that provides -
1. special education; or
2. Maori language immersion classes; or
3. any other type of specialised education to overcome educational disadvantage; or
2. that is a programme -
1. that takes a significantly different approach in order to address particular student needs; and
2. that would not be viable unless it could draw from a catchment area beyond the school's home zone; and
3. to which entry is determined by an organisation or process that is independent of the school.

The Secretary's approval is given by notice in the Gazette.

The Secretary's Gazette notice defines Maori immersion classes as those programmes which are resourced by the Ministry of Education at level 1, level 2 or level 3.

The Secretary's Gazette notice defines special education as any class or unit established by the school for which students are accepted on the basis of special educational needs arising from learning and behaviour difficulties, sensory, intellectual, communication or physical disabilities, or any combination of these.

When developing its enrolment scheme, the board should inform the Ministry of any special programme which it runs and which it thinks complies with the meaning given in Section 11B. The Ministry will indicate to the board whether the programme qualifies under Section 11B. Boards would be wise to seek this approval before beginning the consultation process required under Section 11H(3). When the board's proposed scheme is subsequently approved, the Secretary will, if necessary, insert a notice in the Gazette amending the list of programmes or types of programmes which he has already approved.

In determining whether a special programme meets the criteria set out in Section 11B, the Ministry will differentiate between a programme in which students seek to be enrolled and a programme which is devised to meet the needs of enrolled students. For example, a Reading Recovery programme or a remedial Maths programme is not a special programme in terms of the definition given in Section 11B.

The Ministry will also differentiate between an "integrated programme" and a "subject" or "activity". If a school offers Latin, or Chinese, or Hockey coaching or a particular cultural club, none of these constitutes a special programme as defined in Section 11B.

The Ministry will be vigilant in ensuring that a special programme is not crafted in such a way that it attempts to create a loop-hole to circumvent the purposes and principles of the legislation - particularly the principle that the selection of applicants should be fair and transparent.

Within its proposed scheme the board must set out the criteria on which students will be accepted into the special programme, including procedures that will be used to determine which students will be enrolled if there are more applicants than places available. Preference students who meet the criteria for enrolment in the special programme and are covered by the definition of "reasonably convenient" contained in the scheme, must be enrolled in the programme ahead of other students.

Other preference students who meet the criteria for enrolment in the special programme have priority in enrolment above all other preference students. Non-preference students who meet the criteria for enrolment in the special programme could be enrolled in the programme only if places remain after all eligible preference students have been accommodated.