Statutory register wanted

Private schools would have to prove their financial viability under changes being pushed by the Law Commission.

Setting up a statutory register of private schools, with conditions on registration, has support from the leading private schools lobby group and a teachers' union.

Papers obtained under the Official Information Act reveal the idea also has support from the Education Review Office (ERO), which expects greater powers over private schools under the proposed changes.

A Law Commission paper, Private Schools and the Law, says the nation's private schools with a combined roll of more than 30,000 are operating under an old-fashioned, unclear and incomplete legal framework. The commission recommends private schools should have to prove their viability to appear on a new official register.

"We do not consider that the state should provide its endorsement to a private school when it cannot be confident that the school will have an enduring presence," the paper says.

A private school's viability could be judged on its projected roll, age range and number of students, and whether the governance structure and administrative arrangements were stable.

"These matters should have to be demonstrated before registration, and should be reassessed on the periodic reviews of the school. The ongoing viability of a school should be relevant at subsequent reviews, as well as on registration, to encourage good practice."

Auckland's private Corran School is to merge with St Kentigern College at the end of the month because of financial difficulties.

Hill Top school, also in Auckland, made its nine teachers redundant late last year after enrolments reportedly fell from 50 to 16.

The commission said financial viability of all private schools should be assessed by a "simple certification of viability provided by the school's accountant to the review body".

The commission was wary of putting an unnecessary administrative onus on schools.

In a letter to Law Commissioner John Burrows, ERO national manager Mark Canning said ERO agreed there were issues to be addressed.

"We also think that the suggestion ... that there could be a list of factors taken into account when determining `efficiency', and what could be included in that list is a good one," Canning wrote.

Were the proposed changes implemented, they "would provide ERO with more than enough of a basis to carry out more detailed and more focused reviews of private schools".

ERO reviews of private schools should "usually be more limited in nature than those for state schools," Canning wrote.

In its submission on the Law Commission report, the Independent Schools Education Association said it agreed criteria should include a statement of financial viability.

"[It] would provide confidence for parents enrolling students and teachers seeking employment," the association said.

The Independent Schools New Zealand also supports a register.

"Our recommendation was that member schools should have to provide audited certification that the school is in good financial heart, which our member schools do anyway," executive director Deborah James said.

"I'm not saying they should be publicly available. [I'm saying] it should be part of the registration criteria and whoever the body is that would be responsible for administering that criteria, that would be the body that would see that proof of certification."

Law Commissioner Sir Geoffrey Palmer said there was strong support for the proposals in the report.

- © Fairfax NZ News