The Review of Special Education

The associate Minister of Education Heather Roy announced early in her term that she would
review special education policy and priorities. She spoke of hearing first hand from parents
and schools that problems existed with the current arrangements. IHC agrees with Minister
Roy, and the hundreds of stories IHC has collected to substantiate our Human Rights Act
Education complaint attest to these difficulties experienced every day in New Zealand
schools.

You can read about the review of special education online at

www.minedu.govt.nz/theMinistry/Consultation/ReviewOfSpecialEducation.aspx

Have your say

The discussion document for the Review of Special Education has now been released with a
submission closing date of 5pm on Friday 19 March 2010.

“This document is part of that review; it seeks your feedback on the best way to support
students with special education needs. It asks how to improve outcomes without spending
more money and how to build on things that work well now. This means we need to think
hard about how we do things, think innovatively about how we can be more efficient, and
consider how we tap into the resources that already exist within the education system, in
other government agencies, and within our communities” (discussion document: page 2)

The Government is seeking the views of parents, teachers, principals, the disability
community, sector groups and other interested parties. The consultation document consists
of 10 questions and each question is accompanied with an explanation within the document.
Schooling
1. (a) What is needed to help schools succeed?
(b) How could schools work together to succeed?
Transitions and agencies working together
2. What needs to be done to make transitions work better?
3. How could services be better coordinated and focused on the needs of students and
families?
Funding and resource use
4. What arrangements for funding, decision-making, verification, and fund holding
should we have?
5. (a) How can individually targeted services and supports be made more efficient?
(b) Is the current mix of programmes, services and supports right and does it provide
value for money? What changes would you suggest?
High quality services and being accountable
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6. How can the quality of services be improved?

7. How can families and schools be better informed?
8. What does successful special education look like and how should we measure it?
9. When things do not go well, what arrangements should be in place to resolve issues?
In closing
10. What is the most important change that would improve outcomes for children and
young people with special education needs? – This question provides an opportunity
to discuss issues which have not been covered in the above questions.

• You can download the discussion document online at

www.minedu.govt.nz/theMinistry/Consultation/ReviewOfSpecialEducation/DiscussionDoc
ument2010.aspx or contact the Ministry at (04) 463 8000
• You can respond to the ten questions through an online survey or download the form
at www.minedu.govt.nz/theMinistry/Consultation/ReviewOfSpecialEducation.aspx

You can submit your written responses to the Ministry of Education via;

• Post: You can post your completed form to;

Review of Special Education consultation
Ministry of Education
PO Box 1666
Wellington 6140
• Fax: 04 463 8254
• Email: SE.review@minedu.govt.nz

What is IHC doing?

IHC will be completing a comprehensive submission and is in contact with many other
disability organisations discussing submission priorities. IHC also welcomes input from other
organisations, schools, family/whanau, IHC members or members of the public.
IHC is organising meetings in Auckland and Wellington to get feedback from Associations
members, parents/caregivers and members of the public in the formation of its submission to
the review. Please check online for dates and times of these meetings.
Please send any comments to advocacy@ihc.org.nz

What can you do?

Please encourage your local school and other organisations to make submissions to this
important review. Due to the late release of the discussion document, IHC encourages all
interested parties to begin consultation and preparing submissions as soon as possible.
Anyone who wants to make a submission is able to do so. There will also be opportunities for
oral submission. After submissions have closed, a panel will be assembled to hear oral
submissions. If you wish to present to the panel please state this clearly in your submission
and provide a daytime contact number and an email address (if you have one).
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IHC encourages all interested parties to submit a request for an oral submission as well as
submitting written responses to the discussion document. Consider how you can involve
young people in your written and oral submission.

Tips for making a submission to the discussion paper

If you need assistance to make your submission, you can contact the review team at the
Ministry of Education on (04) 463 8254 or contact IHC Advocacy at 0800 442 442.

Submissions could include reference to;

 IHC’s position on special education

IHC recognises and promotes disabled children’s rights to receive a quality inclusive
education at their local community school. This right is articulated in s.8 of the Education Act,
1989...... You can access the full statement online at;
www.ihc.org.nz/Portals/0/Advocacy/IHC-POSITION-spec-ed.pdf

 The New Zealand Disability Strategy

IHC’s view on the Disability Strategy can be accessed online at
www.ihc.org.nz/GetInformation/Ourviews/tabid/1702/Default.aspx

Objective 3: Provide the best education for disabled people

Actions
3.1 - Ensure that no child is denied access to their local, regular school because of their
impairment.
3.2 - Support the development of effective communication by providing access to education
in New Zealand Sign Language, communication technologies and human aids.
3.3 - Ensure that teachers and other educators understand the learning needs of disabled
people.
3.4 - Ensure that disabled students, families, teachers and other educators have equitable
access to the resources available to meet their needs.
3.5 - Facilitate opportunities for disabled students to make contact with their disabled peers
in other schools.
3.6 - Improve schools' responsiveness to and accountability for the needs of disabled
students.
3.7 - Promote appropriate and effective inclusive educational settings that will meet individual
educational needs.
3.8 - Improve post-compulsory education options for disabled people, including: promoting
best practice, providing career guidance, increasing lifelong opportunities for learning
and better aligning financial support with educational opportunities

 The United Nations Convention on the Rights of the Child

Reference to Articles 2 (non-discrimination), 23 (rights of children with a disability) and 28 &
29 (right to education) in the United Nations Convention on the Rights of the Child
(UNCROC);
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Disabled children have a right to education, and schools have a responsibility to educate
all children. However the priority needs of disabled children are not special, they are
basic.

 The Education Act of 1989

Section 8 of the Act provides that "... people who have special educational needs (whether
because of disability or otherwise) have the same rights to enrol and receive education at
state schools as people who do not."
It is therefore the right of every child who has a disability to attend school with the supports
they require to function effectively. However, discrimination is being experienced by children
with a disability and it should not be happening.

 The Education Review Office report on RTLB’s

In a follow-up to its 2004 evaluation, the Education Review Office’s (ERO) 2009 report
Resource Teachers: Learning and Behaviour – An Evaluation of Cluster Management found
no improvement.
Despite increased guidance and support from the Ministry of Education, the wide variability
of governance and management practice ERO reported in 2004 remains. A lack of strong
external and internal accountabilities for the use of funding and management of RTLB
remains an issue in a large proportion of clusters.
You can access this report online at;
www.ero.govt.nz/ero/publishing.nsf/Content/rtlb-cluster-sep09

 The Controller and Auditor general’s report:

Ministry of Education: Managing support for students with high special educational needs
This report assesses how well the Ministry of Education (the Ministry) manages four
initiatives;
• Ongoing and Reviewable Resourcing Schemes (ORRS),
• School High Health Needs Fund
• Severe Behaviour Initiative
• Speech Language Initiative
We are not certain that the Ministry has a clear measure of the level of need for its support
for students with high special educational needs.
The Ministry could be more systematic and vigilant in its efforts to identify children who have
high special educational needs but are not receiving Ministry support.
In the districts we visited, the assessment and allocation practices varied. This risks variation
in the level of support provided to students with similar levels of need and in similar
circumstances. The Ministry's model for distributing funding to districts, which is based on
the number of school students in each district, may contribute to the variation in practices
and timeliness.

You can access this report online at www.oag.govt.nz/2009/special-education/

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 Inclusive Education
Inclusive education will improve the education system (structures, systems and
methodologies) for students of all abilities, not just children with a disability.
Inclusive schools include educators who are well trained, flexible to the needs of students
and focus on the strengths of students and not the deficits.
Make the link between inclusive school settings and inclusive communities that welcome
minority groups and celebrate diversity.

You can request IHC’s Inclusive Education research and DVD from advocacy@ihc.org.nz or
contact Advocacy on 0800 442 442

We hope you will take this opportunity to have your say about an education system that is
currently not working for one of the most vulnerable groups in New Zealand.

Yours sincerely

Trish Grant
Director of Advocacy