Policy and Legislation Relevant To Special Education

Education Act 1989 (Particularly Section 8)

Equal rights to primary and secondary education: "People who have special educational needs (whether because of disability or otherwise) have the same rights to enrol and receive education in state schools as people who do not."

Special Education Policy Guidelines

Principles

1 Learners with special education needs have the same rights, freedoms and responsibilities as people of the same age who do not have special education needs.

2 The primary focus of special education is to meet the individual learning and developmental needs of the learner.

3 All learners with identified special education needs have access to a fair share of the available special education resources.

4 Partnership between parents and education providers is essential in overcoming barriers to learning.

5 All special education resources are used in the most effective and efficient way possible, taking into account parent choice and the needs of the learner.

6 A learner's language and culture comprise a vital context for learning and development and must be taken into consideration in planning programmes.

7 Learners with special education needs will have access to a seamless education from the time that their needs are identified through to post-school options.

National Education Guidelines

The guidelines include the National Education Goals, the Foundation Curriculum Policy Statements*, the National Curriculum Statements and the National Administration Guidelines. They are intended to direct schools in effective policy and practice.

* The Foundation Curriculum Policy Statements provide for documents such as The New Zealand Curriculum Framework. As yet this provision has not been gazetted. Gazetting means giving legal effect to the parts of the National Education Guidelines, or any changes to them, by publishing them in the New Zealand Gazette.

National Education Goals

The goals establish a common direction for state education in New Zealand. Some of the goals incorporate a focus on students with special education needs in their emphasis on:

• A broad and balanced curriculum;
• Equal opportunities for all; and
• Consideration of those with special education needs

The New Zealand Curriculum

The New Zealand Curriculum is a clear statement of official policy relating to teaching and learning in English-medium New Zealand schools. Its principal function is to set the direction for student learning and to provide guidance for schools as they design and review their curriculum. A parallel document Te Marautanga o Aotearoa, serves the same function for Māori-medium schools.

Both documents start with visions of young people who will develop the competencies they need for study, work and lifelong learning and go on to realise their potential.

The New Zealand Curriculum applies to all English-medium state schools (including integrated schools) and to all students in those schools, irrespective of their gender, sexuality, ethnicity, belief, ability or disability, social or cultural background, or geographical location.

National Administration Guidelines

The administration guidelines also have implications for the education of children with special education needs. They provide direction in six areas of school operations:

• Curriculum requirements and student achievement
• Documentation and self-review
• Employer responsibilities
• Financial and property management
• Health and safety
• Administration.

This means each board, through the principal and staff, is required to do the following for students with special education needs:

NAG 1, iii - on the basis of good quality assessment information, identify students and groups of students:

a) who are not achieving;

b) who are at risk of not achieving;

c) who have special education needs;

   and identify;

d) aspects of the curriculum which require particular attention;

NAG 1, iv - develop and implement teaching and learning strategies to address the needs of students and aspects of the curriculum identified in iii above;

NAG 2, iii - report to students and their parents on the achievement of individual students, and to the school's community on the achievement of students as a whole and of groups (identified through 1, iii above) including the achievement of Māori students against the plans and targets referred to in 1, v above;

NAG 5, i - provide a safe physical and emotional environment for students;

NAG 5, ii - comply in full with any legislation currently in force or that may be developed to ensure the safety of students and employees;

NAG 6 - each board is also expected to comply with all general legislation concerning requirements such as attendance, the length of the school day, and the length of the school year.

The New Zealand Disability Strategy: Making a World of Difference - Whakanui Oranga

The Strategy was developed by the Ministry of Health with extensive input from the disability sector. The Strategy was released in April 2001 and has 15 objectives. Each year government departments will develop work plans which set out specific steps to implement the Strategy. The following objectives have particular relevance to children and young people with special education needs.

Objective 1 -
encourage and educate for a non-disabling society;

Objective 2 -
ensure rights for disabled people;

Objective 3 -
provide the best education for disabled people;

Objective 10 -
collect and use relevant information about disabled people and disability issues;

Objective 11 -
promote participation of disabled Māori;

Objective 12 -
promote participation of disabled Pacific peoples;

Objective 13 -
enable disabled children and youth to lead full and active lives;

Objective 15 -
value families, whānau and people providing ongoing support.