7.2 " REGISTØTION
7.6 Recommendations
General Principles and Objectives It is recommended that:
7.6.1 In the
new Education Act the principal objectives be stated as follows:Principal Objectives Recognising:
that every child without exception shall be entitled to an education - that education of the child is primarily the right and responsibility of the guardian or other person having custody or care of the child —
and that the State has the duty to prescribe basic standards and conditions to ensure the provision and delivery of education for all children;
The Principal Objects of This Act are to
assist in the discharge of these obligations by making appropriate provision for:(a) the establishment, operation and registration of government schools;
(b) the registration of other schools;
(c) the registration in special circumstances of h^ zeschooling;
(d) the determination of curricula and the necessary physical conditions of schools to meet registration requirements;
(e) the granting of
certificates and credentials and the accreditation of schools to offer credentials;
(f) assistance in transition tó further education.
In The Operation of This Act regard shall be had to:
(a) developing the educational potential of every child;
(b) the provision and maintenance by the State of government schools of the highest standard, open to all children without fees for instruction andfree of racial or religious tests;
(c) the right of parents to choose whether their children are educated at a
government school or at a non-government school, with appropriate
assistance towards the meaningful achievement of the choice of school;
(d) provisions for parents to learn the basic parental techniques for infant and early childhood education;
(e) the educational needs of students with disabilities, aiming to achieve equality of opportunity for all students;
(fl the mitigation of educational disadvantages arising from geographic, economic, social, cultural, ethnic, lingual or other reasons, with special attention to the needs of individual students and the schools they attend;
(g) the unique needs of Aboriginal students and the development of an understanding of Aboriginal history and culture by all children;
(h) the special problems of rural communities, particularly small and isolated communities;
(i) the encouragement of innovation and diversity;
(j) the concept of education for whole of life, including the world of work;
(k) the provision of opportunities to children with special abilities;
(l) opportunities for parents to participate in the education of their children;
(m) the maintenance and development of skilled, dedicated and professional teachers;
(n) the values of home and community.
Registration and Accreditation
The Committee concludes that the processes of registration for the purpose of fulfilling legal requirements and accreditation for the presentation of candidates for prescribed certificates should be separated and that the conditions should be uniform throughout government and non-government schools. It believes that the agents carrying out inspections for these purposes should be independent and should include people with appropriate experience in government and/or non-government schools. It is convinced that while maintaining high standards, the processes can be simplified and made more flexible. Accordingly, it is recommended that the new Act provide that:
7.6.2 All schools (both government and non-government) should be subject to registration.
7.6.3 Registration and accreditation should be separated.
7.6.4 The Minister should determine registration on the advice
of
the Board of Studies and the Board of Studies should determine accreditation.7.6.s Subject to the Minister's approval, schools may form themselves into systems, with an approved authority for each system.
7.6.6 The government schools be constituted as a system and upon the functioning of the new Act all existing government schools be deemed to be registered and all existing government secondary schools be deemed to be accredited with the Director-General as the approved authority.
7.6.7 Upon the functioning of the new Act all existing registered non-government schools be deemed to be registered and all existing registered non-government secondary schools be deemed to be accredited.
7.6.8 Upon the establishment of a new government school, that school be deemed to be registered.
7.6.9 Application for registration and accreditation where required may be lodged by a person on behalf of an individual school or by an authority on behalf of a school system.
7.6.10 Such applications should be accompanied by a written certificate of guarantee of compliance with the provisions for registration and accreditation together with a statement indicating how the provisions are to be monitored.
7.6.11 All registered schools be subject to re-registration and, where applicable, re- accreditation after a prescribed period.
7.6.12 In the case of application for registration or re-registration the Minister, through his agents, may accept the ceгtificatе of compliance or authorise his agents to conduct an inspection.
7.6.13 In the case of re-accreditation, the Board through its agents may accept the ceгificate of compliance or authorise its agents to conduct an inspection.
7.6.14 The Board's agents also conduct programs of random school inspections with respect to matters of registration and accreditation.
7.6.15 Where the Board's agents recommend that requirements are not being met, the Board shall notify the school or system authority and instruct it to rectify the situation within a specified period not less than 30 days. If after that specified period a subsequent inspection reveals continued failure to comply, the agents shall notify the Board and the Board may recommend to the Minister, in the case of registration that registration of the school be withdrawn. In the case of accreditation, the school may be removed from the list of accredited schools within the system.
7.6.16 The Board's agents be employed by the Board and contain a balance of experience and interest in both government and non-government schools.
7.6.17 For the purpose of providing advice to the Minister on registration, a Registration Committee ofthe Board of Studies be established.
7.6.18 The Registration Committee shall comprise 10 members:
four members of the Board of Studies appointed by the Board, one of whom shall be designated as presiding member. Of the four, two shall be representatives of government schools and two shall be representatives of non-government schools;
two representatives - of government schools nominated by the Director-General;
(c) two representatives of non-government schools, one nominated by the Catholic Education Commission and one nominated by the Association of Independent Schools;
(d) one parent of a child attending a government school, nominated by the Council of the Federation of Parents and Citizens Associations of NSW;
(e) one parent of a child attending a non-government school nominated by the Headmasters' Conference and the Association of Heads of Independent
Girls Schools.
7.6.19 Persons nominated in (b) - (e) above may or may not be members of the Board of Studies.
(a)
(b) .
7.6.20 In advising the Minister, the Board shall indicate the nature of the recommendation of the Registration Committee.
7.6.21 The Minister if satisfied that:
(a) the premises and buildings in which it is proposed to conduct the school will be generally satisfactory and will accord with any standards prescribed by the regulations in respect of access, drainage, light, ventilation, sanitary conveniences and other prescribed matters;
(b) the school is meeting the minimum curriculum requirements as prescribed;
(c) the courses of instruction to be provided at the school are appropriate for the students and that the educational facilities at the school will be adequate for the courses of instruction intended to be provided;
(d) that teachers will have the qualifications or experience prescribed by the Regulations;
shall register the school on a list kept for that purpose.
7.6.22 The Minister may decline to accept a recommendation of the Board regarding registration.
7.6.23 In deciding whether a school is meeting the requirements of accreditation, the overriding determinant will be the quality of the educational program rather than the process measured in minimum hours, and judgement of that quality will be the responsibility of the Board, giving due attention to the recommendation of its agents and to the school's response if accreditation is not recommended.
7.6.24. Where it is the intention of the Board to recommend against registration or to determine against accreditation, the school shall be notified by the Board in writing and a period of 30 days shall be allowed to permit the school to appeal.
7.6.25 A Schools Appeals Tribunal be established to hear appeals relating to registration, accreditation and homeschooling, the Tribunal to comprise three members appointed by the Minister:
(a) one person having expertise in primary and secondary education in government schools;
one person having expertise in primary and secondary education in non- government schools;
(c) one other person, the presiding member, who shall not be an officer or temporary employee of the Department of Education, a member of the Board or a person concerned in the administration or conducting of a school.
7.6.26 The Schools Appeals Tribunal shall be conducted with as much expedition as is reasonably practicable and with as little formality and technicality as the proper consideration of matters before the Tribunal permits.
7.6.27 In the conduct of the Schools Appeals Tribunal, a written record of proceedings shall be kept.
7.6.28 An appellant may request that the Tribunal in its report to the Minister include comment andjudgement on one or more specific issues in dispute. If the Tribunal refuses to make such comment or judgement on any specific issues it shall give reasons in the report for the refusal.
7.6.29 A copy of the report of the Tribunal to the Minister be sent to the appellant.
7.6.зо
In the case of registration, the Minister's determination shall be final.(b)