The Ministry published the draft rules and guidelines for minimising the use of physical restraint in registered schools on 23 November 2021 alongside an online survey. These draft rules and guidelines were developed by the Physical Restraint Advisory Group following changes to the framework for using physical restraint in The Education and Training Act 2020.

In our consultation we asked whether the new draft rules and guidelines would work, what changes might be needed, and whether there were any gaps or other issues that need considering.

Read the initial consultation paper [PDF, 573 KB]

We received 267 responses from individuals and organisations, including parents, whānau and caregivers, teachers, principals and learning support specialists.

It’s clear that physical restraint is a complex area for school communities to navigate, but that schools, teachers and support staff want to do right by their learners and whānau. In general, the rules and guidelines are seen as helpful and needed and the preventative approach is appreciated. It was clear through the feedback that we need to look at how the rules and guidelines are applied in practice.

The guidelines need to better reflect a te ao Māori and disability view and they need some clearer definitions around what emotional distress is. They could also do with some more examples of context where physical contact is appropriate so that teachers know what they can do as well as what they can’t do.

The rules and guidelines are well positioned in terms of the emphasis on prevention and the contribution of school culture, leadership and environment in minimising the use of restraint, though there are those who strongly object to any use of physical restraint in schools.

Read the Consultation submissions summary [PDF, 1.3 MB].

We’re currently developing translations and accessible formats of this report.

We’re using your feedback to clarify the rules and reshape the guidelines. We’ll also carry what we’ve heard from you into the planning for training for schools.

We’ll clarify in the final rules:

• that school policies are to focus on reducing student distress and the use of physical restraint
• that incidents of physical restraint can be reported to the Ministry using the new online form
• when and how parents should be involved in debriefing after an incident of physical restraint.

We’ll reflect in the final guidelines:

• a te ao Māori view of school as a place of shelter, with an integrated network of support to nurture ākonga potential
• a strong focus on inclusive school cultures that promote wellbeing and minimise the need for physical restraint
• broader definitions and examples of emotional distress
• broader definitions of physical restraint as it relates to denying or removing mobility equipment and communication devices
• a format that is less complex and more practical and readable.

Keep updated on next steps.

Consultation on enrolling international fee-paying students under Year 9 took place from 29 November 2021 to 11 March 2022.

The Minister of Education commissioned Te Tāhuhu o te Mātauranga | The Ministry of Education to review the policy settings for the enrolment of international fee-paying ākonga | students under Year 9 (primary and intermediate level).

This was signalled in the Minister’s speech at the international education forum in July 2021.

The discussion document for public consultation outlined the current situation, problem definition and proposals for change.

Discussion document

We received 177 written submissions, many of which are schools who are currently or have previously enrolled international fee-paying students. We also organised four workshop sessions with the sector and one public session.

Overall, respondents didn’t support restricting enrolments for international fee-paying students under Year 9. They indicated that international education provides a range of benefits, including:

• helping students develop their global citizenship skills, and
• providing extra revenue which schools use to strengthen the education for all students.

They also indicated that if there are any risks, the value and benefits of international education outweigh these risks.

Based on the input received through this consultation process, we will provide advice to the Minister of Education. Timeframes for implementation will be dependent on consultation and further analysis.

Summary of feedback

Consultation on enrolling international fee-paying students under Year 9 took place from 29 November 2021 to 11 March 2022.

The Minister of Education commissioned Te Tāhuhu o te Mātauranga | The Ministry of Education to review the policy settings for the enrolment of international fee-paying ākonga | students under Year 9 (primary and intermediate level).

This was signalled in the Minister’s speech at the international education forum in July 2021.

The discussion document for public consultation outlined the current situation, problem definition and proposals for change.

Discussion document

• What would the role look like when focused on the local curriculum to support the wellbeing of learners?
• How could we identify when learner wellbeing knowledge and skill were improving?
• What does good engagement with a Curriculum Lead look like, who should be involved and how often?
• How would impact the roles and define the support and process they needed?
• How can the Curriculum Leads get regionally connected with?:
  •  the right people
  • The different learning contexts
  • The resources they would need.

• The name of the role is a potential issue.
• These roles need to have a pedagogical approach that is holistic and focuses on connectedness, skills and competencies as well as knowledges.
• We need to take a system-wide approach to wellbeing to ensure curriculum advice is aligned with other wellbeing frameworks (such as ERO’s wellbeing indicators).
• Curriculum Leads need to put a wellbeing lens over BAU strategic planning to determine needs for different contexts.
• The Curriculum Leads need the skill to talk with a range of people. They need to be able to help teachers and kaiako identify what sort of support is needed.

We are using the information gathered at these meetings to develop a more detailed design of the role to enable tools and resources to be progressed for the Curriculum Leads. 

We want to continue working with you to further refine the roles and ways of working of the Curriculum Leads. Keep an eye out for opportunities to be involved in the next stage.