Submissions

To: Christchurch City Council
Date: July 2024

Purpose

This submission strongly opposes the re-establishment of charter schools, asserting that this move would directly contravene New Zealand's obligations under the UN Convention on the Rights of Persons with Disabilities (UNCRPD).

The DPA highlights that the proposed legislation also goes against Outcome 1 of the New Zealand Disability Strategy 2016-2026, which mandates that all disabled children should receive education in fully inclusive settings with necessary supports.

Beyond charter schools, DPA expresses significant concerns regarding proposed changes to early childhood centre network setup requirements and the increase in student attendance checks, ultimately recommending that the entire Bill be withdrawn.

Summary of DPA submission

DPA's overall position is one of strong opposition to the Education and Training Amendment Bill 2024 and that the re-establishment of charter schools, a central component of this Bill, directly contravenes New Zealand's obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The UNCRPD requires New Zealand to ensure that disabled children are not excluded from the general education system and can access inclusive, quality, and free primary and secondary education on an equal basis with others, with reasonable accommodations and effective individualised support.
 
DPA also notes that this legislation goes against Outcome 1 of the New Zealand Disability Strategy 2016-2026, which advocates for all disabled children to be educated in fully inclusive settings with appropriate supports.
 
DPA argues that charter schools will not benefit disabled students (ākonga). Research from both overseas and New Zealand indicates that charter schools often discriminate, either directly or indirectly, against disabled children through their pupil selection policies. These schools tend to select higher-achieving students, leaving state school systems, which are often under-resourced, to cater for other students, including those with disabilities. Instances have been uncovered where disabled students were prevented from enrolling due to reasons such as additional costs, a lack of qualified and experienced teaching staff, and concerns over academic scores. Furthermore, DPA is concerned that charter schools will not be mandated to employ qualified teachers, despite research highlighting that qualified and registered teachers are best placed to support the diverse educational needs of all students, including disabled ākonga. If disabled students are admitted, it is often those with "lower levels of impairment" over "more significant impairments," and they may be placed in segregated learning environments, which could hinder their full potential and socialisation with non-disabled peers. The limited transparency and accountability of charter schools, unless publicly sponsored, also raises concerns about the ability of disabled ākonga and their families to raise complaints or hold these institutions accountable.
 
Beyond charter schools, DPA opposes the repeal of early childhood start-up registration requirements, warning that this deregulation poses significant risks for disabled pre-schoolers. The organisation fears that providers might opt for cheaper, more inaccessible premises and substandard equipment, and employ educators not trained in inclusive practices. Such a market-driven system could lead to "cherry-picking" student intakes, where only disabled pre-schoolers with "lower-level impairments" are accepted, potentially excluding others. This could force families of disabled pre-schoolers to pay more for quality centres, thereby reducing their choices.
 
Finally, DPA expresses concern about the proposal to increase school attendance checks by requiring daily reporting instead of term-based reporting. DPA states that many disabled students face barriers to daily or on-time attendance, and such a change, especially with funding cuts to individualised funding and carer support, could place immense stress on families. For neurodiverse students or those with psychosocial disabilities, daily attendance can be challenging due to mental health issues or sensory overstimulation, requiring time off or home learning. DPA advocates for retaining term-based attendance reporting as the "fairest assessment of student attendance".
 
Key Recommendation:
DPA recommends that the Education and Training Amendment Bill 2024 be withdrawn.
 
Supporting Statement 1:
The re-establishment of charter schools, as proposed in the Bill, would contravene New Zealand's obligations under the UN Convention on the Rights of Persons with Disabilities (UNCRPD) to provide inclusive education for disabled children alongside their non-disabled peers.
 
Supporting Statement 2:
Changes to early childhood centre network requirements and increased daily student attendance checks pose significant risks to the safety, accessibility, and quality of education for disabled pre-schoolers and students, potentially leading to fewer choices for their families and disproportionately impacting their wellbeing.