MindAlive

Private School Review Report

Introduction

ERO reviews of private schools are significantly different in process and more limited in scope and reporting than those for state and state-integrated schools, focusing as they do on the Criteria for Registration set out in clauses 2 to 6, Schedule 7 of the Education and Training Act 2020.

Clause 9, Schedule 7 of the Education and Training Act requires the Education Review Office (ERO) to review private schools and to report to the Secretary for Education on whether each school meets the criteria for registration.

More information about ERO reviews of private schools can be found on ERO’s website Private and independent schools | Education Review Office (ero.govt.nz)

The criteria for registration are that the school —

1. has premises that are suitable, as described in clause 3, Schedule 7; and

2. usually provides tuition for 9 or more students who are of or over the age of 5 years but are under the age of 16 years [clause 2(b), Schedule 7); and

3. has staffing that is suitable to the age range and level of its students, the curriculum taught at the school, and the size of the school (clause 2(c), Schedule 7; and

4. has equipment that is suitable for the curriculum being delivered or to be delivered at the school (clause 2(d) Schedule 7); and

5. has a curriculum for teaching, learning, and assessment and makes details of the curriculum and its programme for delivery available for parents; and

6. has suitable tuition standards, as described in clauses 2(e),(f) and 5, Schedule 7; and

7. has managers who are fit and proper persons (as described in clause 6, Schedule 7) to be managers of a private school; and

8. is a physically and emotionally safe place for students (clause 2(h), Schedule 7).

When an ERO report identifies an area within the criteria for registration that is not meeting the criteria at the time of the ERO review, that will be reported, the Ministry will be informed and the Ministry will follow up the issue with the school.

ERO’s Judgement

a) The school has premises that are suitable as described in clause 3, Schedule 7

Meeting

b) The school usually provides tuition for 9 or more students who are of or over the age of 5 years but are under the age of 16 years

Meeting

 c) The school has staffing that is suitable to the age range and level of its students, the curriculum taught at the school, and the size of the school

Not Meeting - Refer to conclusion

 d) The school has equipment that is suitable for the curriculum being delivered or to be delivered at the school

Meeting

e) The school has a curriculum for teaching, learning, and assessment and makes details of the curriculum and its programme for delivery available for parents

Not Meeting - Refer to conclusion

f) The school has suitable tuition standards as described in clauses 2(e), (f) and 5, Schedule 7

Not Meeting - Refer to conclusion

g) The school has managers who are fit and proper persons (as described in clause 6, Schedule 7)

Meeting

h) The school is a physically and emotionally safe place for students

A safe place is one in which risks to student safety are regularly assessed and evaluated with a view to eliminating, or at least reducing, harm. A safe place is one where clear policies exist and are acted upon to eliminate or minimise harm.

ERO’s judgement is based on the quality, intent and regular review of the school’s policies and procedures.

Please refer to conclusion below.

Conclusion

ERO considers that MindAlive does not meet the criteria for registration as a private school set out in clauses 2 to 6, Schedule 7 of the Education and Training Act 2020.

ERO previously reviewed the school in March 2015 and highlighted at the time that the school was operating with none of its staff registered as teachers with the Teaching Council of Aotearoa.

ERO has determined that since 2015 no actions have been taken by the managers of the school to address the area of concern identified.

In August 2022 during the onsite phase of the review, ERO determined that the three adults employed by MindAlive were not registered as teachers and did not hold a current practising certificate. The school managers informed ERO that the philosophy of the school does not include teachers and/or tuition. Furthermore, the three adults had not undergone suitable safety checks.

If there are no registered teachers, the school is not meeting the criteria in clause 2(c) of Schedule 7 of the Education and Training Act 2020 (the Act) which states that the school must have staffing that is suitable to the age range and level of its students, the curriculum taught at the school, and the size of the school.

Therefore, ERO is unable to assess the standard of tuition, the mode of curriculum delivery and the regularity of instruction in the absence of registered teachers (clause 5(2), Schedule 7 of the Act). Consequently, ERO cannot be assured that the school is providing tuition of a suitable standard that is no lower than that of a standard given to students enrolled in a state school.

ERO finds that the school does not meet the requirements of the criteria for registration in terms of suitable staffing, suitable curriculum, suitable tuition.

Without appropriate safety checks in place for adults working with children the school is not meeting the requirements of the Children’s Act 2014 and the Education and Training Act 2020. Therefore, ERO cannot be assured that the school is making sufficient provision for a safe physical and emotional place for students.

In order to meet the registration criteria, ERO recommends that the school take the following actions:

• the manager of the school must ensure that persons without a practising certificate are not permanently appointed to a teaching position 

[Section 92(2) Education and Training Act 2020]

• safety checking of Children’s workers, and periodic rechecking of existing children’s workers which includes police vetting

[Children’s Act 2014, and regulations 5–8 of the Children’s (Requirements for Safety Checks of Children’s Workers) Regulations 2015]

• in order to meet suitable tuition standards, the school needs suitable staffing for ERO to assess the mode of curriculum delivery and the regularity of instruction

• ensure the curriculum includes guidance for teaching and assessment.

Since the onsite phase of the review, ERO has verified that all adults employed by the school have now been police vetted.

ERO recommends that the Secretary of Education invokes the powers under clause 10, Schedule 7 of the Education and Training Act 2020.

Filivaifale Jason Swann
Director Review and Improvement Services (Northern)
Northern Region | Te Tai Raki

8 February 2023 

About the School

The Education Counts website provides further information about the school’s student population, student engagement and student achievement. educationcounts.govt.nz/home