What is a section 9 agreement?

What is a section 9 agreement?

A section 9 agreement is a formal agreement between the Ministry of Education and the parents/guardians of a child or young person that allows the child or young person to receive special education services or to enrol at a special school. This agreement needs to be in place before a child or young person:

• receives special education assistance like ORRS
• enrols at a special school
• enrols at school before the age of five
• continues attending a primary school beyond the age of 14
• continues attending a secondary school after the age of 19 , but not beyond 21.

Why are section 9 agreements necessary?

Having a section 9 agreement in these circumstances is a requirement of the Education Act 1989, one of the laws that governs the work of the Ministry and schools in New Zealand

How are section 9 agreements done?

Ongoing and Reviewable Resourcing Schemes (ORRS)

If a student is verified as eligible for this funding, the confirmation letter is regarded as the section 9 agreement to receive specialist services.

Day Special Schools

If enrolment at a special school is being considered, contact should be made with your local GSE office or special school.

A consultation process will follow before a decision is made about whether an application should be made for a section 9 agreement for enrolment. Some students will already have an ORRS confirmation letter, but they will need a specific section 9 agreement to allow them to be enrolled at a special school. Others who are not ORRS verified may be given a section 9 agreement to be enrolled, when this is recommended by the principal of the special school and the Ministry of Education, Special Education (GSE) district manager, and approved by the GSE regional manager.

A new application is required each time a student seeks enrolment at a special school. Ministry of Education, Special Education (GSE) will enter the enrolment details into ENROL which will formally mean that the student is enrolled in the special school.

National Residential Special Schools and Regional Health Schools

These schools operate under a different system. Applications for enrolment go directly to each residential school's Admission Committee. The section 9 agreement process is managed simultaneously with the student's enrolment at the school. Some students will have an ORRS confirmation letter, but they will need a specific section 9 agreement to allow them to be enrolled at a special school.

Ministry of Education, Special Education (GSE) will enter the enrolment details into ENROL which will formally mean that the student is enrolled in the residential special school.

Students beginning school before five years

The Education Act allows for early enrolment in special circumstances provided that the Ministry agrees this is in the child's best educational interest. It should be noted that the Ministry would only consider such an application in very exceptional circumstances, as children with special education needs usually have access to a range of early childhood education facilities and early intervention services available through GSE, accredited service providers of early intervention services and/or sensory advisers.

Ministry of Education, Special Education (GSE) will enter the enrolment details into ENROL which will formally mean that the student is enrolled in the special school.

Students staying longer at school

In some circumstances, parents, school staff and the Ministry will agree that a student with special education needs would benefit by staying longer at their regular school. A section 9 agreement is required to allow these students to either remain at a primary school beyond the end of the year they turn 14 years, or at secondary school beyond the end of the year they turn 19 years but not beyond 21 years.

Ministry of Education, Special Education (GSE) will enter the enrolment details into ENROL which will formally mean that the student is enrolled in the special school.

How long will it take to get a section 9 agreement completed?

The length of time it will take to have a section 9 agreement approved to enrol at a special school varies

There may be a delay between the first contact and the final decision, and students who are already attending another school should remain enrolled there during this period. Where possible, applications for pre-school children should be made prior to beginning school. Every attempt will be made by all concerned to avoid delays.

What parents can do if a section 9 agreement is declined?

If a section 9 agreement is declined a process exists for parents to request a reconsideration of that decision.

Firstly parents should tell their GSE regional manager they want the decision to decline a section 9 agreement reconsidered. The regional manager will convene a regional panel, consisting of a special school principal, a GSE district manager, a member of the Ministry of Education student support team, a parent organisation representative and a regular school principal.The panel will forward all supporting data and its recommendation to the Deputy Secretary, Special Education who will decide to either confirm the original decision to decline the section 9 agreement, or approve the section 9 application.

If the Deputy Secretary, Special Education confirms the original decision to decline the section 9 agreement, section 10 of the Education Act 1989 allows parents access to a formal arbitration process. Before proceeding with arbitration, please contact your local GSE office for information about the process.

What happens to their section 9 agreement if a student leaves the school?

A section 9 agreement is for a child to receive a special service or to attend a named school, and in some circumstances, a named satellite class of a special school.

When the student leaves that particular school or class, ORRS resourcing continues wherever that student is enrolled, but the section 9 agreement specifying that school or class does not. A new application is required each time a student seeks enrolment at a special school or class other than that named on the section 9 agreement. When a child leaves a special placement a section 9 discontinuation form should be completed. This will allow ENROL processes to be undertaken by GSE.