(1) In this order, unless the context otherwise requires,—

(2) In this order, unless the context otherwise requires, terms defined by section 91A(1) of the Act have the meanings given to them by that section.

(3) A school’s roll comprises—

• (a) the students (including Maori-medium students and special education students) on the junior staffing roll; and

• (b) the students (including Maori-medium students and special education students) on the senior staffing roll.

(4) For the purposes of this order,—

• (a) the employment of a teacher on the basis of employment for 10 half-days every full week is the employment of 1 FTTE:

• (b) the employment of a teacher on the basis of employment for a specified number (smaller than 10) of half-days every full week is the employment of one-tenth of that number of FTTEs:

• (c) the employment of a teacher on the basis of employment for a specified number (smaller than 20) of half-days every full fortnight is the employment of one-twentieth of that number of FTTEs:

• (d) the employment of a teacher on the basis of employment for a specified number of teaching hours (or an average of that number of teaching hours) every full week is the employment of one twenty-fifth of that number of FTTEs.

(1) A student who first enrols at a special school before the age of 7 and who is subsequently educated at special schools without substantial interruption—

• (a) is—

  • (i) a year 1 student in the year of first enrolment if enrolment was on or before 30 June:

  • (ii) a year 0 student in the year of first enrolment if enrolment was on or after 1 July; and

• (b) in every subsequent year, is a student of a year 1 greater than the year before.

(2) A student to whom subclause (1) does not apply is a student of the year that, in the principal’s opinion, is—

• (a) most appropriate for a student of that student’s maturity, and educational and intellectual achievements; and

• (b) in every subsequent year, a student of a year 1 greater than the year before.

As soon as practicable after the commencement of this order, the Board of every school must give the Secretary, on a form provided by the Secretary for the purpose, written notice of—

• (a) the school’s actual roll (in the Board’s opinion) as at 1 July 2005; and

• (b) the school’s actual Maori-medium roll (in the Board’s opinion) as at 1 July 2005; and

• (c) the school’s likely roll (in the Board’s opinion) as at 1 July 2006; and

• (d) the school’s likely Maori-medium roll (in the Board’s opinion) as at 1 July 2006.

(1) As soon as practicable after the commencement of this order, the Secretary must—

• (a) estimate the roll as at 10 October 2006 of every school; and

• (b) estimate the Maori-medium roll as at 10 October 2006 of every school; and

• (c) estimate the special education list as at 10 October 2006 of every school; and

• (d) give the Board of every school written notice of the roll, the Maori-medium roll, and special education list estimated for that school.

(2) The Secretary must not estimate the school’s roll, Maori-medium roll, or special education list under subclause (1) without considering—

• (a) the notice given by the school under clause 6; and

• (b) all written evidence and argument the Board supplied with that notice.

As soon as practicable after 1 March 2006, the Board of every school must—

• (a) ascertain the school’s roll as at that day; and

• (b) ascertain the school’s Maori-medium roll as at that day; and

• (c) give the Secretary written notice of those rolls on a form provided by the Secretary for the purpose.

(1) Subject to subclause (2), as soon as practicable after 10 March 2006, the Secretary must—

• (a) confirm the actual staffing roll, actual Maori-medium roll, and special education list as at 1 March 2006 of every school; and

• (b) give the Board of every school written notice of the rolls and list confirmed for that school.

(2) If a notice under clause 8 from the Board of a school reaches the Secretary before 11 March 2006, the Sectetary must not confirm the staffing roll, Maori-medium roll, or special education list under subclause (1) without taking into account—

• (a) that notice; and

• (b) all written evidence and argument the Board supplied with that notice.

In determining any roll or special education list, no account may be taken of any foreign student (within the meaning of section 2(1) of the Act)

• (a) who is not a student of a kind or description exempted (under a notice under section 4C of the Act having effect in 2005) from the payment of all the amount required by section 4B of the Act to be paid; or

• (b) in respect of whom all the amount required by section 4B of the Act to be paid has been or is to be paid by the Ministry of Foreign Affairs and Trade.

The entitlement staffing, principal’s grade, and salary units of a school at a health camp specified in the first column of Schedule 1 are as specified opposite its name in the appropriate columns of that schedule.

The entitlement staffing, principal’s grade, and salary units of a school at a Child, Youth and Family residential centre specified in the first column of Schedule 2 are as specified opposite its name in the appropriate columns of that schedule.

The entitlement staffing, principal’s grade, and salary units of a special residential school specified in the first column of Schedule 3 are as specified opposite its name in the appropriate column of that schedule.

The entitlement staffing, principal’s grade, and salary units of a regional hospital and health school specified in the first column of Schedule 4 are as specified opposite its name in the appropriate column of that schedule.

(1) Except as provided in subclause (2), Parts 4 and 5 do not apply to a special school that is referred to in this Part as being listed in Schedule 1, Schedule 2, Schedule 3, or Schedule 4.

(2) A special school listed in Schedule 1, Schedule 2, Schedule 3, or Schedule 4 has a classroom release time allowance calculated under clause 26.

(1) In this clause;

(2) A base school’s specialist instruction roll is the number obtained by—

• (a) adding the number of students of years 7 and 8 included in the base school’s staffing roll to the number of visiting students; and

• (b) subtracting from the resulting sum the number of base students.

(1) A school’s curriculum delivery allowance (in FTTEs) is the sum obtained by adding the items in subclause (2) and, if the resulting sum is not exactly divisible by 0.1, rounding it up to 1 decimal place.

(2) The items are—

• (a) the greater of 1 and the sum of—

  • (i) the number of year 0, year 1, year 2, and year 3 students on its Maori-medium roll divided by 20; and

  • (ii) the number of year 0, year 1, year 2, and year 3 students on its non-Maori-medium roll divided by 23; and

  • (iii) the number of year 4, year 5, year 6, year 7, and year 8 students on its Maori-medium roll divided by 20; and

  • (iv) the number of year 4, year 5, year 6, year 7, and year 8 students on its non-Maori-medium roll divided by 29; and

• (b) the quotient obtained by dividing its specialist instruction roll by 120; and

• (c) the sum of—

  • (i) the number of year 9 and year 10 students on its Maori-medium roll divided by 20; and

  • (ii) the number of year 9 and year 10 students on its non-Maori-medium roll divided by 25; and

  • (iii) the number of year 11 students on its Maori-medium roll divided by 20; and

  • (iv) the number of year 11 students on its non-Maori-medium roll divided by 23; and

  • (v) the number of year 12 students on its Maori-medium roll divided by 18; and

  • (vi) the number of year 12 students on its non-Maori-medium roll divided by 18; and

  • (vii) the number of students of year 13 or above on its Maori-medium roll divided by 17; and

  • (viii) the number of students of year 13 or above on its non-Maori-medium roll divided by 17; and

• (d) if there are 200 or fewer students on its senior staffing roll, the number obtained by—

  • (i) multiplying that roll by 0.0035; and

  • (ii) adding 0.5 to the resulting product; and

  • (iii) multiplying the resulting sum by the number of levels of full-time senior students (to a maximum of 5) on its senior staffing roll; and

• (e) if there are more than 200 students on its senior staffing roll, the product of 1.2 and the number of levels of full-time senior students (to a maximum of 5) on its senior staffing roll.

(3) In this clause and clause 19, number of levels of full-time senior students means the number of years from years 9 to 13 at which the number of students enrolled in that year is greater than 0, where the roll for year 13 is taken as the sum of the rolls for years 13 to 15.

(1) If the number of students on a school’s junior staffing roll is smaller than 176, and if the quotient obtained by dividing the school’s junior staffing roll by the integer of the sum referred to in clause 17(2)(a) is over 26, that sum must be increased to the first whole number that will ensure the quotient obtained by dividing the number of students on the school’s junior staffing roll by the integer value of that sum is equal to or less than 26.

(2) If the number of students on a school’s junior staffing roll is 176 or more, and the sum referred to in clause 17(2)(a) is less than 7, it must be replaced by 7.

A school’s additional guidance allowance (in FTTEs) is,—

• (a) if there are 200 or fewer students on its senior staffing roll, the number obtained by—

  • (i) multiplying that roll by 0.0007; and

  • (ii) adding 0.08 to the resulting product; and

  • (iii) multiplying the resulting sum by the number of levels of full-time senior students (as defined in clause 16(3), and to a maximum of 5) on its senior staffing roll; and

• (b) if there are more than 200 students on its senior staffing roll, the product of 0.22 and the number of levels of full-time senior students (as so defined, and to a maximum of 5) on its senior staffing roll.

A school’s weighted roll at any time is the sum of—

• (a) the product of 4 and the number of year 0, year 1, year 2, and year 3 students then included on its staffing roll; and

• (b) the product of 3.5 and the number of year 4, year 5, year 6, year 7, and year 8 students then included on its staffing roll; and

• (c) the product of 7 and the number of year 9 and year 10 students then included on its staffing roll; and

• (d) the product of 9 and the number of year 11 students then included on its staffing roll; and

• (e) the product of 15 and the number of year 12 students then included on its staffing roll; and

• (f) the product of 16 and the number of students of year 13 or above then included on its staffing roll; and

• (g) the product of 0.5 and the number of state students of year 7 and year 8 who attend the school for instruction in technology or some other specialist subject.

A school’s management time allowance (in FTTEs) is the number obtained by—

• (a) adding—

  • (i) the product of 0.0003 and its weighted roll; and

  • (ii) the product of 0.017 and the square root of that weighted roll; and

  • (iii) either,—

    • (A) if the school’s roll is 28 or less, 0.2; or

    • (B) if the school’s roll is 29 or more but less than 61, 0.3; or

    • (C) if the school’s roll is 61 or more, 0.4; and

• (b) if the resulting sum is not exactly divisible by 0.1, rounding it down to 1 decimal place.

A school’s formula-generated staffing allowance (in FTTEs) is the sum of—

• (a) its curriculum delivery allowance; and

• (b) its additional guidance allowance; and

• (c) its management time allowance.

A school’s special education staffing allowance, if any, is the number of special education students on the school’s special education list multiplied by the following FTTEs:

• (a) 0.1 for each special education student with high needs:

• (b) 0.2 for each special education student with very high needs.

A school’s special education management allowance (in FTTEs), if any, is the product (correct to 2 decimal places) of 0.05 and its special education staffing allowance (in FTTEs).

A school’s supplementary learning support time allowance (in FTTEs), if any, is the product of 0.1 and the number of students enrolled at the school and identified and classified by the Secretary as being in need of supplementary learning support.

A school’s classroom release time allowance (in FTTEs) is obtained by—

• (a) adding—

  • (i) its entitlement staffing; and

  • (ii) any special education staffing allowance; and

  • (iii) any special education management allowance; and

  • (iv) the number of FTTEs for the time being representing any supernumerary teachers who have elected to be redeployed in the school or approved for redeployment from another school; and

  • (v) the sum of any additional entitlements arising under clause 30 from an entitlement transfer agreement; and

• (b) subtracting from the resulting sum—

  • (i) any entitlements that must be deducted under clause 30 as a result of an entitlement transfer agreement; and

  • (ii) 1; and

• (c) if the resulting difference is not a whole number, rounding it down to the nearest lower whole number; and

• (d) multiplying the resulting whole number by 0.04.

(1) In this clause, a qualifying beginning teacher means—

• (a) a beginning teacher in his or her first 12 months of teaching who is employed for 0.5 of an FTTE or more; or

• (b) a beginning teacher in his or her second 12 months of teaching who is employed full-time.

(2) If a school employs a qualifying beginning teacher who has completed less than 12 months’ teaching, it has a beginning teacher allowance (in FTTEs) calculated by adding—

• (a) the product of—

  • (i) the number of qualifying beginning teachers, if any, then employed at the school full-time; and

  • (ii) 0.2; and

• (b) the product of—

  • (i) the number of other qualifying beginning teachers, if any, then employed at the school; and

  • (ii) 0.1.

(3) If a school employs a qualifying beginning teacher who has completed 12 months’ teaching, it has a beginning teacher allowance (in FTTEs) calculated by adding (as well as the amount, if any, obtained from the calculation in subclause (2)) the product of—

• (a) the number of qualifying beginning teachers, if any, then employed at the school full-time; and

• (b) 0.1.

A school has a supplementary learning support teacher support allowance of 0.05 of an FTTE for each teacher employed as a supplementary learning support teacher for 0.6 of an FTTE or more.

A school’s attached unit allowance, if any, is the number of FTTEs and salary units specified in the third and fourth columns of Schedule 7 opposite its name and the name of its attached unit in the appropriate columns of that schedule.

(1) The Boards of 2 schools (school A and school B) may enter into an entitlement transfer agreement, which is a written agreement to the effect that—

• (a) school A will relinquish to school B a specified number of FTTEs, salary units, or both, of teacher entitlements (the entitlements); and

• (b) school B will use the entitlements to sustain the employment at school B of 1 or more teachers to teach 1 or more specified subjects to students enrolled at school A.

(2) Subject to subclauses (3) and (4), if an entitlement transfer agreement is given to the Secretary before 1 January,—

• (a) the Secretary must deduct from the total staffing entitlement of school A (the school relinquishing the entitlements) the number of FTTEs or salary units specified in the agreement; and

• (b) the Secretary must add to the total staffing entitlement of school B (the school receiving the entitlements) the number of FTTEs or salary units specified in the agreement.

(3) No school may enter into an entitlement transfer agreement relating to tuition in technology or another specialist subject.

(4) A school may enter into an entitlement transfer agreement relating to tuition in instrumental or vocal music only with one of the secondary schools or high schools listed in the first column of Schedule 3 of the Education (2006 Secondary School and Form 1 to 7 School Staffing) Order 2005.

(5) An agreement between 3 or more schools about the relinquishment and use of entitlements must be treated as a number of entitlement transfer agreements between various pairs of those schools.

Clause 30 applies to entitlements in relation to special education teachers in the same way as it applies to entitlements in relation to other teachers.

A school’s total regular staffing allowance (in FTTEs) is the number obtained by—

• (a) adding—

  • (i) its entitlement staffing; and

  • (ii) any special education staffing allowance; and

  • (iii) any special education management allowance; and

  • (iv) any supplementary learning support time allowance; and

  • (v) any classroom release time allowance; and

  • (vi) any beginning teacher allowance; and

  • (vii) any attached unit allowance; and

  • (viii) any supplementary learning support teacher support allowance; and

  • (ix) the sum of any additional entitlements arising from an entitlement transfer agreement under clause 30; and

• (b) subtracting from the resulting sum, the sum of any entitlement deductions arising from an entitlement transfer agreement under clause 30.

A school’s entitlement staffing at a time in 2006 after its estimated October 2006 roll, Maori-medium roll and list have been notified by the Secretary under clause 7 is its formula-generated staffing allowance based on its rolls as estimated under clause 7.

(1) The Board of a special school may not employ a permanently appointed regular teacher whose employment generates a number of FTTEs greater than its total regular staffing allowance.

(2) The Board of a special school may not employ other regular teachers whose employment generates a number of FTTEs greater than the number of FTTEs by which the school’s total regular staffing allowance, at that time, is greater than the number of FTTEs generated by the employment at the school, at that time, of permanently appointed regular teachers.

(3) Despite subclauses (1) and (2), the Board of a school may continue to employ any permanently appointed regular teacher who, following receipt of the Secretary’s notice of the school’s rolls and list as estimated under clause 7, has become supernumerary.

(4) Despite subclauses (1) and (2), the Board of a school may employ more permanently appointed regular teachers than is permitted under subclause (1), and may employ more other regular teachers than is permitted under subclause (2) if,—

• (a) at some other time during the 2006 school year, the Board has employed, or will employ, fewer regular teachers than the prescribed number; and

• (b) the employment of those teachers does not, at any time, cause the number of teachers employed by the Board at the school to exceed by more than 10% the number of FTTEs on the school’s total regular staffing allowance; and

• (c) the net effect during the 2006 school year of employing the additional teachers does not result in the Board employing regular teachers representing more FTTEs than it is entitled to employ over that school year.

If, during the 2006 school year, a Board employs fewer regular teachers at a school than equate to the number of FTTEs that the Board is entitled to employ at that school under clause 34, there is no entitlement to carry the net surplus over after 31 March 2007.

(1) If, contrary to clause 34(4)(b), a Board employs a regular teacher whose employment causes the number of regular teachers employed at a school to exceed by more than 10% the number of FTTEs that the Board is entitled to employ at that school, the Secretary may notify the Board, in writing, that clause 34(4) does not apply to it.

(2) A notice under subclause (1) applies from the date on which it is received by the Board until the date on which the number of regular teachers employed by the Board at the school during the year up to that date equals the number of FTTEs that the Board was entitled to employ at that school under clause 34(1) and (2) during that period.

(3) If a Board receives a notice under subclause (1), clause 34(4) does not apply to that Board from the date of receipt of that notice until the date on which that notice ceases to apply in accordance with subclause (2).

(1) The Board of a school may not employ more than 1 principal for the school at any time.

(2) A combined Board established under section 110 of the Act may not employ more than 1 principal for each school that the combined Board administers at any time.

(3) Subclauses (1) and (2) do not prevent the appointment of a principal during the term of his or her predecessor in office.

(1) The Board of a school may not employ regular teachers to whom salary units have been allocated (whether permanently or otherwise) whose employment taken together is equivalent to the employment of teachers to whom there have been allocated a total number of salary units greater than a number calculated for the school under subclause (2).

(2) The number referred to in subclause (1) is calculated by—

• (a) subtracting 1 from the school’s formula-generated staffing allowance to get the first result; and

• (b) multiplying the first result by 0.72 to get the second result; and

• (c) subtracting 0.77 from the second result to get the third result; and

• (d) if the third result is not a whole number, correcting it to the nearest whole number.

(1) In relation to a school that is in receipt of a special education staffing allowance under clause 23, clause 38 must be applied by increasing the third result by adding the number of salary units generated by—

• (a) adding the number of FTTEs of the school’s special education staffing allowance to the number of FTTEs, if any, of the school’s special education management allowance; and

• (b) multiplying the result by 0.72; and

• (c) if the resulting product is not a whole number, correcting it to the nearest whole number.

(2) In relation to a special school specified in the first column of Schedule 8, clause 38 must be applied by increasing the number calculated for the school under subclause 38(2) by the number of salary units specified opposite its name in the second column of that schedule.

(3) The increases provided for in subclauses (1) and (2) are, in relation to a special school to which both of those subclauses apply, cumulative.

(1) The Board of a school may not employ a principal at a grade higher than the grade specified in the first column of Schedule 5 opposite the roll range in which the school’s principal grading roll lies.

(2) The principal grading roll for a school is the greater of—

• (a) the school’s provisional rolls and provisional special education list, after any applicable weighting in accordance with subclause (7); and

• (b) the school’s confirmed rolls and confirmed special education list, after any applicable weighting in accordance with subclause (7).

(3) A school’s provisional rolls are the rolls estimated in accordance with clause 7.

(4) A school’s confirmed rolls are the rolls confirmed by the Secretary under clause 9.

(5) A school’s provisional special education list is its actual special education list determined by the Secretary as at 1 July 2005.

(6) A school’s confirmed special education list is its special education list confirmed by the Secretary under clause 9.

(7) For the purposes of determining the principal grading roll for 2006, the following weightings apply:

• (a) 1 student enrolled at Felix Donnelly College, Westbridge Residential School, McKenzie Residential School, or Waimokoia Residential School is the equivalent of 6 students:

• (b) 1 student (not being a student with high needs or with very high needs) enrolled at Halswell Residential College or Salisbury School is the equivalent of 3 students:

• (c) 1 special education student with high needs is the equivalent of 3 students:

• (d) 1 special education student with very high needs is the equivalent of 6 students.

(1) The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if either or both of the following circumstances exist:

• (a) the students enrolled at the school have particular educational needs that can be and should be met by the employment of 1 or more supplementary learning support teachers, each of whom is employed as a supplementary learning support teacher for 0.6 of an FTTE or more:

• (b) students enrolled at another school, or at other schools, in the area have particular educational needs that can be and should be met by the employment of 1 or more supplementary learning support teachers, each of whom is employed as a supplementary learning support teacher for 0.6 of an FTTE or more, and the school administered by the Board provides a base from which the supplementary learning support teacher or teachers can serve the other school or schools.

(2) The sum of the following (on a national basis across all state schools of any type) must not exceed 150:

• (a) the number of FTTEs in respect of which the Secretary grants exemptions for supplementary learning support teachers under subclause (1); and

• (b) the total staffing (in FTTEs) for the supplementary learning support time allowance.

The Secretary may exempt the Boards of Kelston Deaf Education Centre and Van Asch Deaf Education Centre from the limitations relating to staffing entitlements and salary units imposed by this order to the extent specified in Schedule 6.

(1) The Secretary may exempt the Board of BLENNZ from the limitations relating to staffing entitlements and salary units imposed by this order to the extent specified in Schedule 6.

(2) The Secretary may exempt the Board of BLENNZ from the limitations imposed by this order if the students at the school have particular educational needs that can and should be met by the employment of not more than 24 resource teachers: visually impaired.

(3) In this clause, and in Schedules 6 and 8, BLENNZ means the Blind and Low Vision Education Network New Zealand.

The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if the Minister has given consent to the Board under section 91F(b) of the Act.

The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if the Secretary considers that the school needs a long-term training course allowance of up to 1 FTTE for each teacher absent on a long-term training course.

The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if the exemption is necessary to preserve the continued employment of any permanently appointed regular teacher employed by the Board immediately before 1 January 2006 who is for the time being supernumerary, having been declared surplus by virtue of amalgamation, merger, change of status, closure, or a fall in the roll of the school.

The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if there has been an unusual increase in the number of students enrolled at the school.

The Secretary may exempt a Board, in respect of any school it administers, from the limitations imposed by this order if there is a special reason for an exemption for that school, being a reason that applies only to that school or to some other special schools, but not being a reason that applies to all other special schools.

The Education (2004 Special School Staffing) Order 2003 (SR 2003/198) is revoked.