Statutory interventions in schools
Sometimes, a board may be experiencing issues and need extra help.
The Ministry of Education has a range of support options available.
They work with boards to assess and manage any potential risks to the schools.
This can be found in sections 171–188 of the Education and Training Act 2020open_in_new, but we're unpacking it in this article.
What is a statutory intervention?
A statutory intervention is one of the ways the Ministry of Education can support schools.
They are for schools facing risks that could threaten students' welfare, students' educational performance, or the school's operations.
And they aren't always negative. Sometimes they come from a brave decision that can turn a school around and benefit everyone involved.
An intervention can be requested by the school board and/or the proprietor of a state-integrated school.
They can also happen after an Education Review Office (ERO) review report or when a concern has been raised directly with the Ministry.
Whatever the reason, the Ministry will consider the most appropriate action from various options. Ideally, whatever causes the least interference.
Any intervention aims to return the school to full self-governance when the recommendations and objectives have been met.
All interventions must be approved by the Minister or the Secretary for Education.
What could put a school or its students at risk?
Risks to the operation of a school or kura could include issues with:
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Financial management
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Personnel and/or asset management
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Planning
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Policy setting and reporting to parents
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Community relationships
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Not complying with legislation
Risks to student welfare could include:
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Inadequate policies and practices to ensure the health, safety, and wellbeing of students
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Allegations of bullying
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Persistently high truancy rates or absences
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High rates of suspension, exclusion, and expulsion
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An emergency or traumatic incident
Risks to educational performance could include:
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Inadequate curriculum management
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Absence of adequate policies and processes for student assessment
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Staffing issues that may influence student performance
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Persistently low student achievement with comparable schools
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Low achievement of particular groups within the school.
What types of interventions are there?
There are nine different statutory interventions to support schools and kura.
Some interventions are more intensive than others. The intervention applied will depend on the situation and issues that the school is facing.
For instance, a board might retain its powers but be required to do certain things like provide information, undertake an audit, seek specialist advice, or carry out an action plan.
Or a board might have some of its powers, functions, and duties temporarily removed and given to a Limited Statutory Manager (LSM) until everything is back on track.
Occasionally, the board will be dissolved and a commissioner appointed to govern in its place.
The Ministry may appoint an additional member(s) to the board.
A commissioner may also be appointed if a board is not legally constituted. This can happen when not enough people put their hand up at election time.
The commissioner will hold all the board's functions, powers, and duties until the intervention is complete and a new board is established.
Who pays for the intervention?
The board pays for interventions unless the Secretary for Education approves alternative funding.
If a board can't meet the cost of an intervention without putting teaching and learning at risk, the Ministry will consider funding some or all the costs.
How long does an intervention last?
The Ministry will review an intervention at least once a year.
Depending on the circumstances, reviews may happen more often.
An intervention will remain until the Secretary or Minister of Education decides it is no longer required, or another course of action is more appropriate.
This usually happens when there are changes in the level of risk to the school or its students.
If a statutory intervention ends or is revoked, the Ministry will continue to monitor the board's progress.
The Ministry will also provide support for however long is needed to maintain positive change.
We can also provide support during and after an intervention.
Questions your board could ask
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Do we understand the range of interventions available to support schools?
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Are we facing any issues or difficulties that could result in an intervention?
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Have we sought advice and support to address these issues?
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If we have an intervention in place, do we understand our roles and responsibilities?
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Have we as a board equipped ourselves to deal with potential /actual interventions in ways that ensure the mana of those involved and those impacted remains intact?
Templates, resources, and references
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Ministry of Education
Education and Training Act 2020