121
In May 2014 the Taskforce on Regulations Affecting School Performance reported to
the Minister on how improved legislation and regulation could contribute to the goal
of raising the achievement of all students. The Taskforce considered that the
Education Act 1989 was out of date, did not reflect current practice and is no longer
fit for purpose. The Ministry of Education is now reviewing the Education Act and in
late 2015 undertook public consultation on the future of the Act. Participants were
specifically asked to comment on what the goals for education should be; how
resources can be better focused to achieve whole-of community education
outcomes; how local arrangements can support choice and diversity; and how school
boards can respond more effectively to lift student performance.
122
The Review of the Education Act presents an opportunity to clearly embed the right
to education for all New Zealanders in the regulatory framework.
123
The Commission recommends that the Committee urges the Government to:
report back to the Committee within 18 months on progress made against the
targets in Ka Hikitea and the Pasifika Education Plan;
ensure that the Special Education Update Action Plan is based on the principle
of inclusive education;
ensure all aspects of the right to education are adequately protected in any
new Education Act and corresponding regulations;
codify an enforceable right to an inclusive education; and
provide data - disaggregated by gender, disability ethnicity and family status –
on educational outcomes for children who are materially deprived, and report
back to the Committee on this within 18 months.
Page 35 of 93
Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR