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65New Zealand

Regulations for Special Education

Education Act 1989 – Section 8315

Section 8 of the Education Act 1989, as described on the New Zealand Legislation website relates to special education. The Act says, "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".

All children and their parents should be made to feel welcome when approaching any school to enrol. If a local school has an enrolment scheme, then a child usually has to live within the school’s enrolment zone.


UN Convention on the Rights of Persons with Disabilities316

New Zealand ratified the UN Convention on the Rights of Persons with Disabilities in 2008.

Article 24 relates to the education of people with disabilities. Signatories to the convention are to ensure equal access to:

Primary and secondary education

Vocational training

Adult education

Lifelong learning.

The convention also says that,

Education is to employ the appropriate materials, techniques and forms of communication

Pupils with support needs are to receive support measures and pupils who are blind, deaf and deaf-blind are to receive their education in the most appropriate modes of communication from teachers who are fluent in sign language and Braille.

Education of persons with disabilities must foster their participation in society, their sense of dignity and self-worth and the development of their personality, abilities and creativity.


Government Policies and Programs

Special Education’s vision is a fully inclusive education system, which means confident schools, parents, and children, where every day every child learns and succeeds.

To help achieve this, the New Zealand government supports, guides and leads the education sector to improve the system for children with special education needs. The government wants to see all schools demonstrating inclusive practice by 2014.317


National Education Guidelines318

The National Education Guidelines provide schools with direction around their policies and practices. They include:

The National Education Goals which establish a common direction for state education in New Zealand

The National Curriculum Statements which schools use to ensure that teaching and learning programs enable all students to meet the requirements of the New Zealand Curriculum[External website]

The New Zealand Curriculum Framework - Te Anga Matauranga o Aotearoa which sets out the overall policy direction for the school curriculum

The National Administration Guidelines that provide direction on the operation of schools.

Special Education Policy319

Special education means the provision of extra assistance, adapted programs or learning environments, specialised equipment or materials to support children and school students with accessing the curriculum in a range of settings.
Special Education Policy Guidelines

Special Education Policy guidelines are for all those involved with young children and school students with special education needs. They fit within the context of relevant government legislation, education regulations and policies including:

Treaty of Waitangi

Education Act 1989

Human Rights Act 1993

Privacy Act 1993

National Education Guidelines

New Zealand Curriculum

Te Whaariki: Guidelines for Developmentally Appropriate Programmes in Early Childhood Services.

The guidelines state the principles that provide the basis for the Government's Special Education 2000 policy. The aim of this policy is to achieve an excellent inclusive education system that provides learning opportunities of equal quality to all children and school students. The policy is consistent with the National Education Goals. It is shaped so that all students have fair access to a quality education environment to enable them to learn successfully and participate in society. The key objectives of Special Education 2000 are to:

Improve educational opportunities and outcomes for children with special education needs in the early childhood and school sectors

Ensure there is a clear, consistent and predictable resourcing framework for special education

Provide equitable resourcing for those with similar needs irrespective of school setting or geographic location

Assist in enabling schools to take ownership in meeting the full range of students' needs

Special Education Principles320

Young children and students with special education needs have the same rights to a high quality education as people of the same age who do not have special education needs.

This principle will be visible in practice when:

Young children and students with special education needs have access to the same range of age-appropriate education settings as other young children and students

There is recognition of the legal right of young children and students with special education needs to enrol and attend school on the same basis as all other young children and students

Early childhood education services and schools provide a supportive climate which meets the individual educational needs of all young children and students

Central agencies, early childhood education services and schools accept and value all young children and students

Educators have the skills and confidence to assist young children and students who have a broad range of needs and abilities

Early childhood education services and schools provide education of the highest quality to all young children and students enrolled

Early childhood education centres and schools are progressively upgraded to provide physical access

Transport assistance is provided between the home and education setting where a need is clearly established

The rights of young children and students with special education needs and their families/whanau to confidentiality and other protections afforded by the Privacy Act 1993 are respected.

The primary focus of special education is to meet the individual learning and developmental needs of the young child and student.

This principle will be visible in practice when:

Services are available to ensure the earliest possible identification of and support for young children and students with special education needs

The Individual Education Programme (IEP), which occurs within the context of the family/whanau, education setting and community, is the basis of programs for young children and students with special education needs

Early childhood education services, schools, providers of teacher education and central agencies provide training for teachers to meet the educational needs of all their young children and students

Professional development for regular and special educators, teacher aides and boards of trustees is provided

Specialist support and advisory services are nationally available to individuals, families/whanau, early childhood education services and schools

All young children and students achieve to their full potential

Schools and early childhood education services adapt programs so that young children and students with special education needs are included

The curriculum is inclusive of the educational needs, experiences, interests and values of all students.



All young children and students with identified special education needs have access to a fair share of the available special education resources.

This principle will be visible in practice when:

National special education resources are distributed fairly to meet identified special education needs wherever the young child or student is educated

Decisions on individual resource needs are based on valid, fair and culturally appropriate assessment practices

Resources are retained in special schools and units while supported by enrolments

Any special education resources released by reorganization are retained for special education purposes

Regular reviews of all special education resources are undertaken to ensure that resource needs and resource allocation are well matched

Schools and early childhood education services are aware of the available resources and support services, and use them when required.



Partnership between students' families/whanau and education providers is essential in overcoming barriers to learning.

This principle will be visible in practice when:

Information about the barriers to learning and the provision of resources is shared between families/whanau and education providers

Full information is provided to families/whanau to enable them to make sound education choices and to participate fully in the enrolment, assessment, planning, programming, placement and monitoring of the young child or student's progress

Both education providers and families/whanau share in the responsibility for ensuring maximum benefit from the resource

Families/whanau are able to have placement and other decisions reviewed

Families/whanau may choose to be supported by an advocate in assessment, planning, placement, review and appeal processes

Schools and early childhood education services consult with families/whanau of young children and students with special education needs when recruiting and appointing special education staff.



All special education resources are used in the most effective and efficient way possible, taking into account parent choice and the needs of the young child or student.

This principle will be visible in practice when:

Education providers are accountable for efficient and effective use of resources

The various providers of special education services co-ordinate their services effectively

Services for special education are co-ordinated with regular education and with services provided by health and welfare agencies at national and local levels

Criteria for individual special education resource entitlements are consistent and transparent

Decisions, wherever possible, are made collaboratively by those closest to a student.

A young child or student's language and culture comprise a vital context for learning and development and must be taken into consideration in planning programs. This principle will be visible in practice when:


  1. Special education is responsive to the needs and preferences of the tangata whenua

  2. The special education needs of young children and students from different ethnic groups are met in culturally appropriate ways

  3. The special education needs of young children and students are met in ways which reflect any culture or identity associated with their disability group

  4. Appropriately skilled staff are appointed.

Young children and students with special education needs will have access to a seamless education from the time that their needs are identified through to post-school options.

This principle will be visible in practice when:

Admission and transition procedures enable young children and students to move successfully from one education setting to another, or to a workplace.

The guidelines will assist early childhood education services and schools to achieve the following National Education Goals that form part of the National Education Guidelines:

The highest standards of achievement, through programs that enable all students to realise their full potential as individuals and to develop the values needed to become full members of New Zealand's society.

Equality of educational opportunity for all New Zealanders, by identifying and removing barriers to achievement.

A sound foundation in the early years for future learning and achievement through programs that include support for parents in their vital role as their children's first teachers.

New Zealand Disability Strategy321

The New Zealand Disability Strategy's vision is of a society that highly values the lives and continually enhances the full participation of disabled people. It provides a framework to guide government agencies making policy and services impacting disabled people.

The Strategy has the vision of a society that highly values the lives and continually enhances full participation of disabled people. It provides an enduring framework to ensure that government departments and agencies consider disabled people before making decisions.


Strategic Objectives322

There are 15 Objectives, and over 100 action points.

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 4: Provide opportunities in employment and economic development for disabled people

Objective 5: Foster leadership by disabled people

Objective 6: Foster an aware and responsive public service

Objective 7: Create long-term support systems centred on the individual

Objective 8: Support quality living in the community for disabled people

Objective 9: Support lifestyle choices, recreation and culture for disabled people

Objective 10: Collect and use relevant information about disabled people and disability issues

Objective 11: Promote participation of disabled Maori

Objective 12: Promote participation of disabled Pacific peoples

Objective 13: Enable disabled children and youth to lead full and active lives

Objective 14: Promote participation of disabled women in order to improve their quality of life

Objective 15: Value families, wha¯nau and people providing ongoing support


Actions:

Ensure that no child is denied access to their local, regular school because of their impairment.

Support the development of effective communication by providing access to education in New Zealand Sign Language, communication technologies and human aids.

Ensure that teachers and other educators understand the learning needs of disabled people.

Ensure that disabled students, families, teachers and other educators have equitable access to the resources available to meet their needs.

Facilitate opportunities for disabled students to make contact with their disabled competitors in other schools.

Improve schools’ responsiveness to and accountability for the needs of disabled students.

Promote appropriate and effective inclusive educational settings that will meet individual educational needs.

Improve post-compulsory education options for disabled people, including promoting best practice, providing career guidance, increasing lifelong opportunities for learning and better aligning financial support with educational opportunities.

Action to implement the above-mentioned New Zealand Disability Strategy objectives can be grouped into five themes. These themes do not reflect a hierarchy of priority, nor are they mutually exclusive.

Promoting citizenship: by fostering society’s ability to include disabled people. This requires initiatives to improve public awareness of disability, to raise the visibility and promote the leadership of disabled people, and to ensure disabled people’s rights are upheld. Objectives in this theme are 2 - Ensure rights for disabled people, 1 - Encourage and educate for a non-disabling society, and 5 - Foster leadership by disabled people.

Building government capacity: by ensuring agencies have the necessary knowledge, skills and systems to address disability issues. This requires improved information collection and understanding of what will help to eliminate barriers to participation. Objectives in this theme are: 6 - Foster an aware and responsive public service, and 10 - Collect and use relevant information about disabled people and disability issue.

Improving disability support services: by ensuring the way they are provided enables disabled people to have ordinary choices and responsibilities. Objective 7 - Create long-term support systems centred in the individual is in this them.

Promoting participation by disabled people in all areas of life: by identifying and maximising opportunities in all sectors of the community. This requires government agencies to take disability issues into account when making decisions in a wide range of sectors; for example, addressing longstanding barriers in transport, sports and recreation, relationship services or companies regulations. Objectives in this theme are: 3 - Provide the best education for disabled people, 4 - Provide opportunities in employment and economic development for disabled people, 8 - Support quality living in the community for disabled people, and 9 - Support lifestyle choices, recreation and culture for disabled people.

Addressing diversity of need: by acknowledging that, in addition to common issues, there is huge diversity among disabled people. It is also important to address the specific needs of disabled people’s families. Objectives in this theme are: 11 - Promote participation of disabled Māori, 12 - Promote participation of disabled Pacific peoples, 13 - Enabled disabled children and youth to lead full and active lives, 14 - Promote participation of disabled women in order to improve their quality of life, and 15 - Value families, whānau and people providing ongoing support. Specific action improving the lives of people with intellectual disabilities (such as outlined in the National Health Committee’s To Have an Ordinary Life report, September 2003) is included in this group.


Initiatives by Ministry of Education323

Special Education provides:

Direct support annually to more than 30,000 children and young people with special education needs aged up to the age of 21

Funding to schools to support the 40,000–60,000 children with more moderate needs

Strategic and operational policy advice.

There are more than 2,000 staff working in four regions, 16 districts, 42 service centres and national office. About 860 of these are frontline specialist field staff. They include:

Psychologists

Speech-language therapists

Physiotherapists

Occupational therapists

Early intervention teachers

Kaitakawaenga (Māori cultural advisors)

Advisers on deaf children

Special education advisors.

A further 740 part-time support workers work directly with children and their parents, families, whānau and educators to implement the individual plans developed and monitored by field staff.

District offices include:

Deliver services and support to children with special education needs, including their schools, teachers, parents, families and whānau

Deliver Positive Behaviour for Learning (PB4L) programs

Manage teacher’s aide and support worker funding and staffing allocations.

Its regional offices:

Coordinate special education services and resources across four regions

Ensure services and resources are provided in ways that meet the specific needs of district communities within a national framework

Support the local delivery of Positive Behaviour for Learning programs and initiatives.

Its national office:

Provides strategic and policy advice to Ministers

Manages business systems, financial planning, monitoring and reporting

Manages the national verification system

Develops public information and websites

Manages study awards and scholarships

Supports appropriate service delivery to Māori and Pasifika

Supports professional practice for staff with access to high quality professional induction and professional development and learning



Develops and monitors service standards.

Grants and Loans

Non-government funded Grants324
Jubilee Trust

The Jubilee Trust is administered by CCS Disability Action. It offers a general grant, education grants, education scholarships and organizational grants to assist people with physical disabilities living in Auckland, Northland and Whakatane.
Cook Opie Trust

Cook Opie Trust, which is administered by the Jubilee Trust trustees, provides grants for the purchase of computer and technical equipment that will assist people with physical disabilities.
Wilson Home Trust Discretionary Grant

The Wilson Home Trust Discretionary Grant is to support an initiative, activity or equipment that will enhance the life of children or young people who have a physical disability.
Halberg Disability Sport Foundation All Sports Activity Fund

The Halberg Disability Sport Foundation All Sports Activity Fund provides grants to enable young people with a physical disability to participate in sport and active leisure within their community by supporting the additional costs associated with having a disability.
Variety

Variety fund a broad range of requirements, from medical equipment, to mobility needs to innovative educational initiatives.
Cerebral Palsy Society of New Zealand

Members of the Cerebral Palsy Society of New Zealand can apply for Individual Grants and they also have a number of voucher schemes to help people remain as independent as possible.
Mazda Foundation

The Mazda Foundation issue individual grants. One of their objectives is to support young people through advancement of education and this includes support for equipment for people with disabilities.
Cystic Fibrosis Association of New Zealand

The Cystic Fibrosis Association of New Zealand offer a range of grants for people with Cystic Fibrosis, including support with education, physical health, hardship and welfare.
J R McKenzie Trust

The J R McKenzie Trust offer grants that fit their mission of a more socially just and inclusive Aotearoa with a particular emphasis on Maori and young people.
North Shore Presbyterian Hospital Trust

This trust offers small grants to improve the health and welfare of individuals living in the North Shore or Hibiscus Coast areas of Auckland City. Applications are considered four times a year and must be received by 7th March, June, September and 25th of November in each year.


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