7.2 " REGISTØTION
7.2.2 History of Registration in NSW
There is a long standing legal basis in NSW for State intervention in regard to the educational welfare of children, with the imposition of requirements on schools to meet minimum standards existing, with varying emphases, in legislation since 1866. Prior to 1987 there was essentially a two-stage process, "certification" and 'registration" pertaining to NSW non-government schools.
The first stage dated from the Public Instruction (Amendment) Act 1916 which included a mechanism for the certification of non-government schools which provided "regular and efficient instruction" and which complied with certain physical requirements. Such certification related only to schools enrolling students in the compulsory years of education.
The second stage emanated from the Education Act 1961 which allowed for non-government schools to apply for registration in order to present candidates for the secondary certificates (School Certificate or Higher School Certificate). To obtain registration, schools were required to meet the specific curriculum, organisational, physical and other requirements set by the two statutory secondary boards (Secondary Schools Board and Board of Senior School Studies).
Before the introduction of the 1987 Act, the vast majority of non-government schools with a Years 7 -10 curriculum were both certified and registered. This was necessary to comply with the compulsory attendance requirements and the Board's requirements. It was possible, however, for a school to operate with certification only if it did not wish to present candidates for the secondary certificates.
The provisions existing prior to 1987 were seen as being prone to
a
number of fundamental problems, The legislation on which they were based was in some cases poorly worded and outdated. In order to receive government funding schools had to be certified. However, certification was optional rather than mandatory and, while schools could be closed on the basis of physical deficiencies, it was not possible for them to be closed solely on educational grounds, except by the roundabout method of prosecuting parents who sent their children to a non-certified school for being in breach of the compulsory attendance provisions. There were a few instances of non-certified schools not informing parents of their status or falsely claiming to be certified and/or registered, and there was no method of detecting such uncertified schools or identifying their students. There had been legal challenges to the interpretation of the term "regular and efficient instruction" which had not been defined either by the courts or by legislation. There were problems when schools changed circumstances, with no mechanism requiring schools to report such matters, and there was public confusion regarding students' eligibility for the secondary certificates even though attending State certified and registered schools.There was also confusion arising from multiple uses
of
the term "registered school". Not only was there a two stage system under the two pieces of legislation mentioned above, but a third piece of legislation, the Bursary Endowment Act 1912, by which schools wishing to enrol secondary pupils who were holders of secondary Bursary Awards needed to obtain registration from the Bursary Endowment Board. Thus there existed multiple registering authorities, with requirements which were not identical, not always explicit, nor available ina
consolidated form.The 1987 Education and Public Instruction Act changed the situation by making it mandatory
for schools enrolling students in the compulsory years of education to be registered for the particular kind of education offered: secondary, primary or "of a prescribed kind".
Registration for the latter two kinds of education is the prerogative of the Minister, using tests similar to those previously applying to certification but with greater definition by way of regulation. The fundamental requirement of regular and efficient instruction was augmented in the Education and Public Instruction Regulation 1987 by requirements relating to the content of courses of instruction, teaching and organisational methods, educational resources, school records and teachers.
Registration of secondary schools is the responsibility of the Board of Secondary Education with all secondary schools enrolling students in the compulsory years being obliged to meet all Board requirements and teach Board courses appropriate for the award of the secondary certificates. Thus the previous two stage system became a single stage with the only legal context in which secondary schools could operate being one in which the school provides education leading to the secondary certificates, regardless of whether its students intend to present for the certificates or not.
The 1987 Act continued to recognise
in
law the right of non-government schools to exist independently of the public sector and the right of parents and students to opt for attendance at such schools. The Act also continued the tradition of previous education Acts in NSW' by using enabling rather than codified approaches with subsidiary issues being left to further regulation by the Minister and Board rather than maximumlegislative prescription. It was said that there were complaints that this left non-government schools in a state of uncertainty, not knowing what might be required of them as conditions of registration.7.2.3 Registration Models
7.2.3.1 Separation of Registration and Accreditation
To avoid confusion of terminology for the remainder of this chapter, "registration" has been defined as licence to operate and "accreditation" as authority for schools to present candidates for the award of the secondary certificates.
The single stage registration approach enacted
in
the 1987 Act is claimed to providea
simpler approach than that operating previously, with the imposition of common curriculum and credential requirements aiding student mobility between schools, and minimising disadvantage in future workplace and study opportunities arising from the lack of a recognised credential.It was also claimed in some submissions that the imposition of these requirements has led to an elevation of school standards and increased the value of the state issued credentials, and that most non-government schools have indicated no difficulty in meeting the requirements.
Despite these claims, there was strong support in submissions for a return to a two stage system, with registration being mandatory and accreditation optional for those schools not wishing to present candidates for the Board's secondary certificates. Such an approach would give schools the freedom to operate legally and receive funds, without requiring them to follow Board syllabuses and fulfil other Board requirements. It is argued that students and society have an undeniable right to choose whether to undertake the secondary certificates
or
not, and that to force all students to enterfor
these credentials is to deny that other, appropriate systems of education exist and that individuals have such a freedom of choice.The dual system would also allow schools to prepare students only for an international award or a vocationally oriented credential, which is denied under the current position. The current system is also seen as stifling diversity and experimentation.
7.2.3.2 Registration Authorities
Under the current arrangements, the Board of Secondary Education is the registration authority for secondary schooling and the Minister for other types of schooling. The role of the Board is justified on the basis that, under a single stage system, registration must be considered in the context of a total educational program, including provisions relating to the range of courses, assessment and credentialling, and thus consistency and efficiency are assisted by designating one authority as responsible for all these areas. The justification for such an arrangement in secondary but not primary is that the Board has certain statutory responsibilities relating to secondary curriculum and certificates, whereas primary schools have no "statutory curriculum" and do not have to articulate with post-school institutions.
The current structure whereby the Minister appoints the Board but plays no role in the registration process was seen as inappropriate in many submissions. Most suggested that the Minister be the registration authority for all schools, with the Board serving as the accreditation authority under a two stage registration-accreditation system.
It was also frequently suggested that the Minister be advised by a board in registration decisions in order to allow the educational and wider communities sufficient opportunity to influence decision-making, and in order to provide a balance of power and opinion in.
the process and give a potential administrative structure for registration procedures. Opinions on the structure and functions of such a board varied, with suggested options including a separate board concerned only with registration matters, the use of the Board of Secondary Education for secondary schools and a parallel Board of Primary Education for primary schools, or the formation of a single K-12 Board with responsibility for registration and other curriculum and credentialling issues. The latter option was seen as avoiding problems of inconsistency arising from multiple boards, allowing registration decisions to be made within a broader educational context, and facilitating efficiency and economy
in
inspection and decision-making processes.7.2.3.3 Alternative Credentials
Although the issue of credentialling is discussed in more detail in Chapter 10, "Certificates of Education", registration and accreditation procedures have specific implications for credentialling.
Under the current registration arrangements, all students in secondary schools with students in the compulsory years must follow the courses of study and fulfil the other requirements leading to the School Certificate. Schools seeking registration for Years 11 and 12 must follow courses of study and fulfil the other requirements for the Higher School Certificate.
Provided that these requirements are met, other credentials may be undertaken in addition to the state certificates, but not as an alternative to them. It is argued, however, that opportunities for such credentials are restricted by the nature of Board courses and the amount of time required.
If registration
is
separated from accreditation then schools would have increased freedom to prepare students for alternative credentials without threatening their legal status and funding.There was a variety of opinion regarding the extent of state involvement in such credentials.
Some suggested that the Board remain as the accreditation authority but that it should recognise credentials other than its own. Others suggested that each secondary school should be required to be accredited by a credentialling body recognised by the Minister, with the body setting its own credentialling and accreditation procedures. Whether the operation of such bodies was also to be funded by the State, as is the case with the Board, was unclear. Another suggestion was for provision to be made for credentials to be developed by individual schools or systems of schools either to be approved by the State or to stand on their own merits in the light of their acceptability to tertiary institutions and/or employers.
In response to arguments for Board recognition of alternate credentials, there was argument that the status and validity of the official state credentials would be compromised by state recognition of credentials established in place of them. The role of the Board was seen as being to promote its own credentials rather than to advertise other credentials as equivalent.
A multiplicity of credentials was also seen as being unnecessarily costly and confusing, and having the potential to be educationally and socially divisive.
7.2.3.4 Registration of Government Schools
An issue raised in submissions is whether government schools should be subject to the same registration requirements and procedures as non-government schools. The Australian Education Council (1987) points out, however, that accountability already exists for government schools through the mechanism of ministerial responsibility for the quality of education provided in government schools and for ensuring that their curriculum is not at variance with what is generally acceptable to the community. This responsibility is delegated to the Director-General of Education, who in NSW undertakes a number of school accountability procedures, including twice yearly monitoring by inspectors, and who reports on the systems operation to the Minister and through the Minister to Parliament. The Minister is not directly responsible for the quality of programs or facilities in non-government schools,.
hence registration is needed to assure the community of acceptable educational standards. 4 , In regard to secondary schools, the requirements for the secondary certificates are identical for government and non-government schools. School inspections to assist in monitoring the fulfilment of these requirements are undertaken by the same inspectors for both types of school, although using different procedures.
It was obvious in the evidence and views presented to the Committee that there was a strong tendency for each sector to see itself as more rigorously inspected than the other. Government schools compare their experience of being monitored twice a year with the inspećtion of non-government schools which may occur at six yearly intervals. Non-government schools see themselves as subjected to a more demanding and sometimes unsympathetic analysis when they are inspected. The situation is complicated by complaints that monitoring tends to be a paper exercise and that inspectors show inconsistency in what they expect of non- government schools. Under the existing arrangements the Board has different sources of information about non-government schools as compared with government schools. The Minister and Board are informed by reports from inspectors on individual non-government schools but accept the Director-General's assurance that all government schools are complying with requirements. As long as different mechanisms are used for this monitoring in government as opposed to non-government schools, arguments about which is more carefully monitored will remain.