The purpose of this order is, in accordance with section 91H of the Act, to limit the financial liability of the Crown arising out of its obligation under section 91C of the Act to pay the salaries of all regular teachers employed at payrolled schools.

To that end, this order prescribes limitations on the number of regular teachers who may be employed at payrolled schools during the school year to which this order applies.

Part 1 contains preliminary provisions.

Part 2 specifies the limitations prescribed by this order.

Part 3 sets out components of the limitations.

Part 4 requires school rolls to be estimated, ascertained, notified, and confirmed for the purposes of this order.

Part 5 contains special provisions relating to specified schools and types of schools.

Part 6 provides for exemptions from the limitations.

Part 7 revokes an earlier school staffing order.

This clause is intended only as a guide to the general scheme and effect of this order.

In this order, unless the context otherwise requires,—

In this order, unless the context otherwise requires, any term or expression that is defined in section 2(1) or (2), 91A(1), or 145(1) of the Act and used, but not defined, in this order has the same meaning as in that section.

In this order, unless the context otherwise requires,—

A school’s weighted roll at any time is the number obtained by adding 1 or more of the following that apply to the school:

In this clause,—

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

For the purposes of this order, the employment of a teacher for—

In the situation described in subclause (2), a student is,—

The situation is that a student first enrols at a primary, an area, or a special school before the age of 7 and is subsequently educated at primary, area, or special schools respectively without substantial interruption.

Any other student who enrols at a primary, an area, or a special school is, in the year in which the student first enrols at the primary, area, or special school, a student of the year that, in the principal’s opinion, is most appropriate for a student of that student’s maturity and educational and intellectual achievements.

A student to whom clause 11(1) and (2) applies is a year 7 student in the year in which the student first enrols at an intermediate school.

Any other student who enrols at an intermediate school is, in the year in which the student first enrols at the school, a student of the year that, in the principal’s opinion, is most appropriate for a student of that student’s maturity and educational and intellectual achievements.

A student is a year 9 student in the year in which the student first enrols at a secondary school if the student was a primary student in the year before the year in which the student first enrols at the secondary school.

A student is a year 7 student in the year in which the student first enrols in a Form 1 to 7 school if the student—

Any other student who enrols at a high school is, in the year in which the student first enrols, or again enrols, at a high school, a student of the year that, in the principal’s opinion, is most appropriate for a student of that student’s maturity and educational and intellectual achievements.

The board of a school must not employ a permanently appointed regular teacher whose employment generates a number of FTTEs greater than the sum of any of the following that apply to the school:

A board must not employ other regular teachers if the total of the FTTEs generated by their employment would exceed the number of FTTEs by which the school’s adjusted total regular staffing allowance under clause 29 at that time exceeds the number of FTTEs generated by the employment of the permanently appointed regular teachers already then employed at the school.

The board of a primary school or an intermediate school must not employ a permanently appointed regular teacher without the consent of the Secretary if the school’s formula-generated staffing allowance, calculated in accordance with clause 54 as based on its provisional rolls, exceeds, by 1.0 or more FTTEs, its formula-generated staffing allowance based on, as the case may be,—

The board of a secondary school or an area school must not employ a permanently appointed regular teacher without the consent of the Secretary if the school’s guaranteed minimum formula staffing exceeds, by 1.0 or more FTTEs, its adjusted formula-generated allowance as generated by its March rolls.

Subclauses (1) and (2) are subject to clauses 73 and 74.

A board must not employ regular teachers to whom salary units have been allocated (whether permanently or otherwise) if the total of those salary units would exceed the number of salary units calculated for the school under whichever of clauses 16, 17, and 18 applies to the school.

The number of salary units referred to in clause 15 is calculated for a primary school, a special school, or an intermediate school that is not a restricted composite school by—

For a primary school, a special school, or an intermediate school that is not a restricted composite school and that is in receipt of a special education staffing allowance calculated under clause 31, the calculation in subclause (1) must be modified by adding the number of salary units generated by the following calculation to the resulting difference in subclause (1)(c):

For Kelston Deaf Education Centre and van Asch Deaf Education Centre, the calculation in subclause (1)(a) must be modified by adding the number of resource teachers: hearing determined by the Secretary under clause 85(2) to the school’s adjusted formula-generated allowance before subtracting 1.

For BLENNZ, the calculation in subclause (1)(a) must be modified by adding the number of resource teachers: vision identified in clause 86 to the school’s adjusted formula-generated allowance before subtracting 1.

For a school that has a principal who has been appointed to be the principal of 2 or more schools, the calculation in subclause (1) must be modified by adding 1 salary unit to the resulting sum in subclause (l)(c).

For a school to which 2 or more of subclauses (2) to (5) apply, the modifications provided for in those subclauses are cumulative.

The number of salary units referred to in clause 15 is calculated for a high school by—

For a high school that is in receipt of a special education staffing allowance calculated under clause 31, the calculation in subclause (1) must be modified by adding the number of salary units generated by the following calculation to the resulting sum in subclause (1)(c):

For a high school that has an activity centre allowance under clause 44 and is listed in the first column of Schedule 2, the calculation in subclause (1) must be modified by adding the number of salary units specified in the third column of that schedule opposite the name of the school to the resulting sum in subclause (1)(c).

For a high school that has an approved teen parent unit under clause 45, the calculation in subclause (1) must be modified by adding the number of salary units specified in the third column of Schedule 3 opposite the approved maximum roll of the unit in the first column of that schedule to the resulting sum in subclause (1)(c).

For a high school that has a principal grading roll, calculated in accordance with clause 28 but excluding those students who are enrolled in a secondary-tertiary programme, of greater than 1 400, the calculation in subclause (1) must be modified by adding, to the resulting sum in subclause (1)(c),—

For a school that has a principal who has been appointed to be the principal of 2 or more schools, the calculation in subclause (1) must be modified by adding 1 salary unit to the resulting sum in subclause (l)(c).

For a school to which 2 or more of subclauses (2) to (6) apply, the modifications provided for in those subclauses are cumulative.

For an area school, the number of salary units referred to in clause 15 is calculated by—

For a restricted composite school, the number of salary units referred to in clause 15 is calculated by—

For an area school or a restricted composite school that receives a special education staffing allowance calculated under clause 31, subclause (1) or (2) (as the case requires) must be modified by adding the number of salary units generated by the following calculation to the resulting sum in subclause (1)(c) or (2)(d) respectively:

For an area school that has a principal grading roll, calculated in accordance with clause 28 but excluding those students who are enrolled in a secondary-tertiary programme, of greater than 1 400, the calculation in subclause (1) must be modified by adding, to the resulting sum in subclause (1)(c),—

For a school that has a principal who has been appointed to be the principal of 2 or more schools, the calculation in subclause (1) must be modified by adding 1 salary unit to the resulting sum in subclause (l)(c).

For a school to which 2 or more of subclauses (3) to (5) apply, the modifications provided for in those subclauses are cumulative.

This clause applies to a board that employs 1 or more specified resource teachers.

A board must not employ specified resource teachers to whom leadership payments have been allocated (whether permanently or otherwise) if the total of those leadership payments would exceed the number of leadership payments calculated for the school under subclause (3).

The number of leadership payments referred to in subclause (2) is calculated for a school by—

In this clause,—

This clause applies to a school that is a member of a community of learning.

The board of a school to which this clause applies must not employ a teacher who has a community of learning role if the number of teachers working in the relevant community of learning in that role will exceed any of the limits provided for or calculated under this clause.

Unless the Secretary otherwise agrees, a community of learning may have only 1 person in the role of Community of Learning Leadership for that community and the role must be filled by a principal who is employed by a school in that community.

A community of learning may have not more than the number of teachers in the role of Community of Learning Teacher (Across Community) for that community calculated by—

However, a community of learning may have more than the number of teachers that is allowed under subclause (4) in the role of Community of Learning Teacher (Across Community) for that community (an increased number) if—

A community of learning may have not more than the number of teachers in the role of Community of Learning Teacher (Within School) for that community calculated by—

However, if a community of learning has an increased number of teachers in the role of Community of Learning Teacher (Across Community) under subclause (5), the number of teachers in the role of Community of Learning Teacher (Within School) for that community must be reduced by 3.3 for each extra teacher in the role of Community of Learning Teacher (Across Community).

The board of a high school or an area school must not employ a part-time teacher for 0.9 or more of an FTTE.

The board of a high school must not employ regular teachers to whom senior management allowances have been allocated (whether permanently or otherwise) if the total of those allowances would exceed the number of senior management allowances calculated for the school under subclause (2).

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

The board of a high school must not employ a regular teacher to whom middle management allowances have been allocated (whether permanently or otherwise) if the total of those allowances would exceed the number of middle management allowances calculated for the school under subclause (2).

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

The board of an area school must not employ regular teachers to whom middle management allowances have been allocated (whether permanently or otherwise) if the total of those allowances would exceed the number of middle management allowances calculated for the school under subclause (2) or, if applicable, subclauses (2) and (3).

The number of middle management allowances is calculated (in FTTEs) by—

For an area school that has a secondary roll greater than 59, the number resulting from the calculation in subclause (2) is added to the number calculated by—

For the purposes of subclause (3), a student who is enrolled in a secondary-tertiary programme must not be counted as being on an area school’s secondary roll.

The board of a school must not employ more than 1 principal for the school at any time.

A combined board established under section 110 of the Act must not employ more than 1 principal for each school that the combined board administers at that time.

Subclauses (1) and (2) do not prevent the appointment of a principal during the term of the principal’s predecessor in office.

The board of a primary or an intermediate school that employs a deputy or associate principal must do so in accordance with this clause.

The maximum number of deputy or associate principals (however described) that the board may employ is—

A board may employ an associate principal for a school only if the school is a high school.

A board that employs an associate principal must do so in accordance with this clause.

The board—

For the purposes of subclause (3), a student who is enrolled in a secondary-tertiary programme must not be counted when calculating the school’s roll.

A board must not employ a principal at a grade higher than the grade specified in the first column of Schedule 1 opposite the roll range in which the school’s principal grading roll under subclause (3) lies.

However, the grade for a principal employed at a special school listed in any of Schedules 6 to 8 is the grade specified in the appropriate column of the applicable schedule.

The principal grading roll for a school is the greater of the following, after any applicable weighting in accordance with subclause (4) or adjustment in accordance with subclause (5):

In determining the principal grading roll for 2019, the following weightings apply:

In this clause, a reference to a roll as adjusted is a reference to that roll minus its list, if any.

In determining the roll range for 2019, the roll of a school includes the number of students enrolled in the school’s activity centre or its approved teen parent unit, if any.

The principal’s grade for a principal appointed to be the principal of 2 or more schools is based on the combined roll range of each of the schools.

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

A primary, an intermediate, or a special school’s entitlement staffing as at any date in 2019 before the Secretary gives notice to the board of the March rolls is its formula-generated staffing allowance, ascertained in accordance with clause 54, based on its provisional rolls.

A primary, an intermediate, or a special school’s entitlement staffing as at any date in 2019 after the Secretary’s notice to the board of the March rolls is the greater of—

A secondary or an area school’s entitlement staffing as at any date in 2019 before the Secretary gives notice to the board of the March rolls is its guaranteed minimum formula staffing.

A secondary or an area school’s entitlement staffing as at any date in 2019 after the Secretary’s notice to the board of the March rolls is the greater of—

The special education staffing allowance (in FTTEs), if any, of a school other than Kelston Deaf Education Centre, van Asch Deaf Education Centre, or BLENNZ is the number of special education students (excluding special education sensory students) on the school’s special education list multiplied by the following FTTEs:

The special education staffing allowance for each of Kelston Deaf Education Centre, van Asch Deaf Education Centre, and BLENNZ is calculated by—

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).

In this clause, qualifying beginning teacher means a beginning teacher—

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

A school that employs a qualifying beginning teacher who has completed 12 months’ teaching has a beginning teacher allowance (in FTTEs) calculated by adding, to any amount obtained from the calculation in subclause (2), the product of 0.1 and the number of qualifying beginning teachers, if any, then employed full-time at the school.

A high school that employs qualifying beginning teachers who have completed less than 24 months’ teaching has a head of department beginning teacher time allowance (in FTTEs) calculated by—

An area school that employs qualifying beginning teachers who have completed less than 12 months’ teaching has a head of department beginning teacher time allowance (in FTTEs) calculated by—

In this clause, qualifying beginning teacher has the meaning given to it in clause 33(1).

A board that employs an employment-based trainee teacher in an employment-based trainee position has a mentor teacher allowance, calculated in accordance with subclause (2), if the trainee teacher—

The mentor teacher allowance is calculated by adding the number of employment-based trainee teachers and multiplying the resulting sum by 0.2.

A school’s resource teacher support allowance is 0.05 of an FTTE for each full-time teacher of the following kinds whom it employs:

In this clause, qualifying overseas-trained teacher means a teacher—

A high school or an area school that employs a qualifying overseas-trained teacher has an overseas teacher time allowance in respect of that teacher of 0.1 FTTE for a maximum period of 20 weeks.

In this clause, qualifying overseas-trained teacher means a teacher—

A school other than a high school or an area school that employs a qualifying overseas-trained teacher has an overseas teacher time allowance in respect of that teacher of 0.1 FTTE for a maximum period of 10 weeks.

A high school’s or an area school’s study support grant time allowance, if any, is 0.16 of an FTTE for each teacher employed by the school who holds a study support grant awarded by the Ministry.

A primary, an intermediate, or a special school’s classroom release time allowance (in FTTEs), if any, is calculated by—

An area, a Form 1 to 7, or a restricted composite school’s classroom release time allowance (in FTTEs), if any, is calculated by—

For the purposes of subclause (2), a student who is enrolled in a secondary-tertiary programme must not be counted as being on an area or Form 1 to 7 school’s weighted roll or total roll.

An area school with a provisional roll of 750 or greater has a large area school additional management staffing allowance of 2 FTTEs.

For the purposes of this clause, a student who is enrolled in a secondary-tertiary programme must not be counted as being on a large area school’s provisional roll.

For a high school with a provisional roll of 1 200 or fewer students, the high school’s specialist classroom teacher time allowance, if any, is 0.16 of an FTTE.

For a high school with a provisional roll of greater than 1 200 students, the high school’s specialist classroom teacher time allowance, if any, is 0.32 of an FTTE.

For the purposes of this clause, a student who is enrolled in a secondary-tertiary programme must not be counted as being on a high school’s provisional roll.

For an area school with a roll of less than 100 students, the area school’s specialist teacher time allowance, if any, is 0.08 of an FTTE.

For an area school with a roll of 100 or more students, the area school’s specialist teacher time allowance, if any, is 0.16 of an FTTE.

For the purposes of this clause, a student who is enrolled in a secondary-tertiary programme must not be counted as being on an area school’s roll.

A high school’s activity centre allowance (in FTTEs), if any, is the number specified in the second column of Schedule 2 opposite the school’s name in the first column.

A high school with a teen parent unit approved by the Minister is entitled to a staffing allowance of the number of FTTEs and salary units shown in the second and third columns of Schedule 3 opposite the number in the first column that accords with the approved maximum roll of that school’s teen parent unit.

A high school’s or an area school’s Te Atakura allowance (in FTTEs), if any, is the product of 0.5 and the number of permanently employed teachers (other than beginning teachers) then employed at the school in the teaching of te reo Māori who, before 1993, successfully completed training at a college of education under the Te Atakura scheme.

A high school or an area school for which the Secretary approved an allowance for instrumental, vocal, or instrumental and vocal tuition in 2019 has an instrumental and vocal tuition allowance (in FTTEs) that is the product (correct to 2 decimal places) of 0.001 and the sum of—

A restricted composite school for which the Secretary approved an allowance for instrumental, vocal, or instrumental and vocal tuition in 2019 has an instrumental and vocal tuition allowance (in FTTEs) that is the product (correct to 2 decimal places) of 0.001 and the school’s secondary roll.

For the purposes of this clause, a student who is enrolled in a secondary-tertiary programme must not be counted as being on a school’s secondary roll.

A high school to which a full-time permanently appointed itinerant teacher of a musical instrument is attached has an itinerant music teacher allowance (in FTTEs) of—

A special school’s attached unit allowance, if any, is the number of FTTEs and salary units specified in the third and fourth columns of Schedule 4 opposite its name and the name of its attached unit in the first and second columns of that schedule respectively.

A school’s community of learning release time allowance is 0.4 of an FTTE for each teacher employed by the school in the role of Community of Learning Leadership or Community of Learning Teacher (Across Community).

A school’s community of learning release time allowance is 0.08 of an FTTE for each teacher employed by the school in the role of Community of Learning Teacher (Within School).

A school that is a member of a community of learning has,—

In this order,—

If an entitlement transfer agreement under this clause is given to the Secretary before 1 January 2019,—

A school must not enter into an entitlement transfer agreement relating to tuition in technology or another specialist subject.

A school may enter into an entitlement transfer agreement relating to instrumental or vocal music only with 1 of the secondary schools or high schools listed in the first column of Schedule 5.

A school listed in the first column of Schedule 5 must not, under entitlement transfer agreements entered into with 1 or more other schools for the 2019 school year, relinquish a total number of FTTEs of teacher entitlements relating to tuition in instrumental or vocal music that exceeds the number of FTTEs specified in the second column of that schedule opposite the name of the school.

A school must not enter into an entitlement transfer agreement that would transfer middle management allowances to a primary school or a special school.

A school must not enter into an entitlement transfer agreement that would transfer senior management allowances to a primary school, a special school, or an area school.

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 52 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 formula-generated staffing allowance (in FTTEs) is the sum of—

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

The items are, in relation to a school,—

In this clause, number of levels of full-time secondary 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.

For the purposes of subclause (2)(b), a student who is enrolled in a secondary-tertiary programme must not be counted as being on a school’s Māori-medium or non-Māori-medium roll.

This clause is subject to clause 56.

For a school with a primary roll of 176 or greater, if the sum referred to in clause 55(2)(a) is less than 7, the sum must be replaced by 7.

For a school that has a primary roll that is less than 176, if the sum referred to in clause 55(2)(a) does not result in a quotient of 25 or smaller when the school’s primary roll is divided by the sum’s integer value, the sum must be increased to the first whole number that will ensure that the quotient obtained is 25 or smaller.

A school’s management time allowance (in FTTEs) is the sum obtained by adding each of the items in subclause (2) that apply to the school to the number in subclause (3) that applies to the school and, if the resulting sum is not exactly divisible by 0.1, rounding it down to 1 decimal place.

The items, in relation to a school, are—

The number is—

For the purposes of subclause (3), a restricted composite school’s roll is the sum of the number of students, if any, enrolled in years 7 to 10 at the school.

For the purposes of subclause (2), a student who is enrolled in a secondary-tertiary programme must not be counted as being on a school’s weighted roll.

The additional guidance allowance (in FTTEs) of a high school, an area school, a restricted composite school, or a special school is, if its secondary roll is 200 or less, the number, correct to 1 decimal place, obtained by—

The additional guidance allowance (in FTTEs) of a high school, an area school, a restricted composite school, or a special school is, if its secondary roll is greater than 200, the product, correct to 1 decimal place, of 0.45 and the number of levels of full-time secondary students (to a maximum of 5) on its secondary roll.

In this clause, number of levels of full-time secondary students has the meaning given to it in clause 55(3).

Before 30 September 2018, the Secretary must give the board of every school written notice of the rolls estimated for that school under subclause (2), (3), or (4) (as the case may be).

The Secretary must estimate the roll and Māori-medium roll of every primary school as at 10 October 2019.

The Secretary must estimate the roll and Māori-medium roll of every intermediate school, restricted composite school, high school, and special school as at 1 March 2019.

The Secretary must estimate the roll and Maori-medium roll of every area school by adding the Secretary’s estimate of the number of year 1 students or year 1 Māori-medium students as at 10 October 2019 and the number of year 2 to year 15 students or year 2 to year 15 Maori-medium students as at 1 March 2019.

A board may request a review of the roll notified by the Secretary.

If a review is requested by the board, the Secretary must review the estimate of the roll and either—

As soon as practicable after 1 March 2019, the board of every school must give the Secretary, in the form and manner determined by the Secretary, written notice of the school’s roll and Māori-medium roll as at 1 March 2019.

If the Secretary is satisfied that the rolls notified by the board are accurate, the Secretary must give the board written notice that,—

If the Secretary is satisfied that the numbers notified are not accurate, or if the Secretary did not receive the board’s notice, the Secretary must give the board written notice of the Secretary’s estimate of the school’s roll and Māori-medium roll as at 1 March 2019 and state that,—

As soon as practicable after 10 March 2019, the Secretary must give the board of every primary school written notice of the school’s roll and Māori-medium roll estimated for that school as at 10 October 2019.

The Secretary’s estimate of the school’s 10 October 2019 roll must not be less than the number obtained by adding the non-Māori-medium roll component of its March rolls and eleven-twelfths of the number of year 1 students in that component (rounded up to the nearest whole number if it is not already a whole number).

The Secretary’s estimate of the school’s 10 October 2019 Māori-medium roll must not be less than the number obtained by adding the non-Māori-medium roll component of its March rolls and eleven-twelfths of the number of year 1 students in that component (rounded up to the nearest whole number if it is not already a whole number).

Before giving notice under subclause (1), the Secretary must consider the notice provided by the board under clause 60.

An international student must not be included in any roll or special education list for the purposes of this order unless the student—

Every part-time student enrolled or to be enrolled at a high school or an area school must be treated as a fraction of a full-time student calculated, for each year level, by dividing by 20 the number of hours of tuition the student receives or is to receive in a normal week.

If the resulting product for a year level is not a whole number, it must be increased to the nearest higher whole number.

Clause 63 overrides subclause (1).

Every secondary student enrolled in a combined secondary-tertiary course must be treated as a fraction of a full-time student calculated in accordance with the following formula:

For the purposes of this clause, combined secondary-tertiary course means a course of combined secondary and tertiary education for a secondary student that the Secretary has, by notice in writing to the school where the student is enrolled, approved as a course to which this clause applies.

A special school listed in any of Schedules 6 to 8 has 1 or more of the following allowances and entitlements that apply to the school:

Except as provided in subclause (1) and in clauses 52 and 53, Parts 3 and 4 do not apply to a special school that is listed in any of Schedules 6 to 8.

The entitlement staffing, principal’s grade, and salary units of a special school for Oranga Tamariki—Ministry for Children students are specified in the second, third, and fourth columns, respectively, of Schedule 6, opposite the school’s name in the first column of that schedule.

The entitlement staffing, principal’s grade, and salary units of a special residential school are specified in the second, third, and fourth columns, respectively, of Schedule 7, opposite the school’s name in the first column of that schedule.

The entitlement staffing, principal’s grade, and salary units of a regional health school are specified in the second, third, and fourth columns, respectively, of Schedule 8, opposite the school’s name in the first column of that schedule.

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

If the Minister or the Secretary has applied any of the interventions described in Part 7A of the Act to a school, the Secretary may exempt the board or any commissioner of the school from any or all of the limitations imposed by this order, and may impose conditions on any exemption, if the Secretary is satisfied that the exemption and any conditions are necessary in the circumstances.

The Secretary may exempt a board, in respect of a 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.

A board may continue to employ any permanently appointed regular teacher who, following receipt of the Secretary’s notice of the school’s provisional rolls, has become supernumerary.

This clause overrides clause 14(1) and (2).

A board may employ more permanently appointed regular teachers than is permitted under clause 14(1), and may employ more other regular teachers than is permitted under clause 14(2), if,—

This clause overrides clause 14(1) and (2).

The Secretary may notify a board, in writing, that clause 74 does not apply to it if the circumstances in subclause (2) exist.

The circumstances are that, contrary to clause 74, the board employs a regular teacher whose employment causes the number of regular teachers employed at the school to exceed by more than 10% the number of FTTEs that the board is entitled to employ at the school.

If a board receives a notice under subclause (1), clause 74 does not apply for the period specified in subclause (4).

The period during which the notice applies is 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 the school under clause 14(1) or (2) during that period.

If the circumstances in subclause (2) exist, a board is exempted until 31 March 2019 from the limitations imposed by clause 14 in respect of any surplus as if the exemption were an exemption calculated under clause 74.

The circumstances are that the board employed fewer regular teachers at the school during the 2018 school year than equated to the number of FTTEs that the board was entitled to employ under a provision set out in clause 14 of the Education (2018 School Staffing) Order 2017.

In this clause, surplus means a positive number that is obtained by subtracting the number of FTTEs that the board employed at a school during the 2018 school year from the number it was entitled to employ at the school under clause 14 of the Education (2018 School Staffing) Order 2017.

The Secretary may exempt a board, in respect of a 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 a 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 who is absent on a long-term training course.

The Secretary may exempt a board, in respect of a school it administers, from the limitations imposed by this order in 1 or more of the following circumstances:

The maximum number of FTTEs in respect of which the Secretary may grant an exemption under subclause (1) (on a national basis and across all State schools of any type) is,—

The Secretary may exempt a board, in respect of a 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 2019 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 the board of a primary school or an area school, in respect of a school it administers, from the limitations imposed by this order if 1 or more of the following circumstances exist:

The maximum number of FTTEs in respect of which an exemption under subclause (1) may be granted (on a national basis and across all primary and area schools) is 271.

The Secretary may exempt a board, in respect of a normal or model school it administers, from the limitations imposed by this order to ensure that the school is able—

The Secretary may exempt a board, in respect of a high school or an area school it administers, from the limitations imposed by this order if the Secretary believes that—

The Secretary may exempt a board, in respect of a high school it administers, from the limitations imposed by this order if the Secretary believes that—

The Secretary may exempt the boards of Kelston Deaf Education Centre and van Asch Deaf Education Centre from the limitations imposed by this order if the students at those schools have particular educational needs that can and should be met by the employment of not more than 127.5 resource teachers: hearing.

From the number of resource teachers: hearing identified in subclause (1), the Secretary must determine the number of those teachers to be allocated to each of Kelston Deaf Education Centre and van Asch Deaf Education Centre.

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 61.5 resource teachers: vision.

The Education (2017 School Staffing) Order 2016 (LI 2016/179) is revoked.