Kimi Ora School Board Policies
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Kimi Ora School Board Policies
Table of Contents Abbreviations 5 Schedule for Policy Review 6 Board Policies 6 1 7 1.1 8 Introduction 1-2 Guidelines 1-2 Procedures 1-2 2 10 2.1 11 Introduction 2-2 Guidelines 2-2 2.2 13 Introduction 2-4 Guidelines 2-4 2.3 14 Introduction 2-5 Guidelines 2-5 3 15 3.1 16 Board of Trustees Code of Conduct 3-2 Kimi Ora School Staff Code of Conduct 3-4 3.2 29 Introduction 3-15 Guidelines 3-15 3.3 32 Introduction 3-17 Guidelines 3-17 3.4 43 Introduction 3-29 Guidelines 3-29 Documentation 3-30 4 46 2
4.1 47 Introduction 4-32 Guidelines 4-32 4.2 47 Introduction 4-33 Guidelines 4-33 5 49 5.1 50 Introduction 5-2 Guidelines 5-2 Delegations 5-2 Documentation 5-3 Personal Information 5-3 5.2 52 Introduction 5-5 Guidelines 5-5 Documentation 5-6 5.3 53 Introduction 5-7 Guidelines 5-7 Documentation 5-8 5.4 55 Introduction 5-9 Guidelines 5-9 Documentation 5-9 5.5 56 Introduction 5-10 Guidelines 5-10 5.6 57 Introduction 5-12 Delegations 5-12 6 60 Introduction 6-2 6.1 62 3
6.2 62 Introduction 6-4 Guidelines 6-4 6.3 63 Schedule One: Financial Delegations 6-6 Schedule Two: Segregation of Duties and Responsibilities 6-9 Schedule Three: Internal Controls 6-11 6.4 71 Introduction 6-13 Guidelines 6-13 6.5 73 Introduction 6-16 Guidelines 6-16 6.6 74 Delegated Authority 6-18 Finance Committee Annual Calendar 6-19 7 77 7.1 78 Introduction 7-3 Acquisition of Assets 7-3 Information technology assets 7-3 Maintenance of assets 7-4 Asset records 7-4 Disposal of Assets 7-4 7.2 80 Introduction 7-5 Guidelines 7-5 4
Abbreviations CV Curriculum Vitae FISH Financial Information for Schools Handbook IEA Individual Employment Agreement MoE Ministry of Education NAG National Administration Guidelines NGO Non Governmental Organisations NZEI New Zealand Education Institute NZTC New Zealand Teacher’s Council ORS Ongoing Resources Scheme PTCA Primary Teacher’s Collective Agreement VCA Vulnerable Children’s Act 5
Schedule for Policy Review With the initiative to approve policies together that are in a particular category, the review dates that have been chosen below are when the next policy within a category is due for review. This is driving the review dates for the whole category. Tba= to be approved. Board Policies Section Board Policy Approved Next Review Date no. 1 Admission Guidelines September 2017 September 2021 2 Curriculum and Development October 2017 October 2021 Policies 3 Well Being and Safety Policies April 2018 April 2021 TBC 4 Planning and Reporting Policies December 2017 December 2021 5 Personnel and Employment Policies1 April 2018 May 2021 6 Financial Management Policies September 2017 September 2021 7 Property and Asset Management November 2018 November 2021 Policies 1 What is the process for the non financial delegation policy? 6
1 ADMISSION GUIDELINES Date: September 2017 Signed _______________________________ Chairperson Kimi Ora School Board of Trustees Review: September 2021 7
1.1 Criteria for Admission and Protocol Introduction Enrolments into Kimi Ora school will be supported by identification of need and eligibility. When a vacancy occurs, a decision will be made about who is to be offered a place. Guidelines 1. All school enrolments will comply with Part 1, Section 8 9 of the Education Act 1989. 2. Enrolments of students must be under the age of 21. 3. To be eligible for enrolment at the school a student will be verified under the Ongoing Resources Scheme (ORS). 4. All admissions onto the school roll will have MoE approval (Section 9). 5. The decision to offer a place will take into consideration the school’s capacity at the time to meet the needs of the student and whether health and safety standards are able to be met for the student, other students and staff members. 6. If the school is at capacity the student’s application can be assessed by the leadership team (with board input if required) against the following: ● Considerations around ability and age (where there are gaps in the school). ● Need for a sensory learning environment. ● Existence of a high level of need requiring specialist services that the school can provide. ● Requirement for a protected environment for their health and safety which other alternative schools can’t provide. Procedures 1. All enrolments will be made through the principal. 2. Parents, the school and relevant professional agencies will be involved in consultation before enrolment. 3. Prior to enrolment the principal will ascertain if the student has been verified under ORS, or an application has been lodged. 4. If ORS verification is required the principal will contact the MoE, previous school or preschool, liaison person for the pupil being enrolled and set an assessment process in motion. 5. Enrolment will commence once a Section 9 is confirmed. 8
6. If the school and parents disagree with the results of the section 9 an appeal against the decision will be made immediately. 7. Once pupils are enrolled the principal will ensure pupils attend the educational setting that best meets their needs. 8. The principal will inform the Secretary of the MoE within seven days if a student no longer attends the school. 9
2 CURRICULUM AND STUDENT DEVELOPMENT POLICY Date: October 2017 Signed _______________________________ Chairperson Kimi Ora School Board of Trustees Review: September 2021 10
2.1 Curriculum Development and Delivery Policy2 Introduction Every student shall be given an education which enhances their learning, recognizes their needs and respects their dignity. The school curriculum is developed and delivered in accordance with the National Education Guidelines, the New Zealand Curriculum 2007 or Te Marautanga o Aotearoa and the Quality Specialist Service Standards. The curriculum reflects Kimi Ora’s vision, values and mission statement. The school recognizes the need to consider the implications of the Treaty of Waitangi and to foster requirements set out in the Treaty. The board through the principal and staff: ● Gives every child an equal opportunity to participate and succeed in school life. ● Integrates all eight essential learning areas in a balanced timetabled programme with a strong focus on literacy and numeracy, life skills and physical skills. ● Provides a curriculum building on students' existing knowledge and skills and at the same time develops their capabilities to create new knowledge and practice new skills. ● Has systems are set up to collate accurate information on each student’s progress and achievement. ● Identifies students who are not achieving or at risk of not achieving and develops plans for improvement. Guidelines 1. The learning and teaching programmes involve active participation for all learners. 2. Learning experiences are appropriate and provided in suitable and relevant contexts as much as possible. 3. A variety of learning and teaching strategies, styles and approaches are used to meet the needs of our students. 4. Each student will have a current Individual Education Plan (IEP). 5. Class timetables will be designed to provide a balanced curriculum programme while primarily focusing on individual IEP goals. 6. An integrated curriculum will operate throughout the school with common school wide topics, learning areas and key competencies. 2 This policy meets the aims of National Administration Guidelines 1 11
7. Students will have opportunities to be a part of the wider community, especially in the transition years. 8. The school will identify issues which cause barriers to students learning and it will seek to implement appropriate strategies to address these issues. 9. The MOVE programme will continue to be a focus for developing physical skills throughout the school. 12
2.2 Student Achievement and Reporting Policy Introduction The purpose of assessment is to improve student learning outcomes and the quality of our teaching programmes. Assessment informs our strategic planning. It enables us to provide feedback on individual performance to students and parents, and to report on schoolwide achievement to the board, parents, community and MoE.3 Guidelines The principal on delegation from the board: 1. Reviews student achievement and curriculum matters with reporting on progress against annual goals through written reports to the board.4 2. Ensures there is an on-going programme of self-review in relation to the policies, plans and programmes for curriculum development, including evaluation of information on student achievement.5 3. Reports annually to the school’s community on overall student achievement against plans and targets.6 4. Reports required school level data to the MoE on 1 March each year. This data covers: ● Progress against National Standards. ● Progress towards achievement targets based on the expanded level 1 curriculum (Fuel/Launch) and IEP goals. 3 Fraser Crescent School policy on Student Achievement Information http://frasercres.schooldocs.co.nz/ accessed 19 September 2017 4 Cross reference to 4.2 School Self Review Policy 5 National Administration Guideline 2, 6 National Administration Guideline 2 13
2.3 Engagement of Parents, Whānau/Family, Caregivers in Individual Student Learning7 Introduction It is important that parents, whānau/family and caregivers are regularly informed on what is happening in school, especially their child’s progress and development. Communicating clear, dependable information about progress and achievement provides a basis for building a strong partnership between the child, teacher, and the parents, whānau/family to support learning and improving student outcomes.8 Guidelines 1. Parents, caregivers and staff are jointly involved in developing the student’s IEP 2. Student progress and achievement towards IEP goals are reported against orally and in writing twice a year at the IEP meeting. A written report goes home at the end of the year providing a summative assessment of student’s achievements towards IEP goals, the NZ curriculum and therapy programmes. EPortfolios (Story Park) provide ongoing formative assessment of IEP goals, literacy and numeracy goals and student successes throughout the year. 3. An emphasis is placed on developing and continuing positive and supportive links between home and school through home/school notebooks, newsletters, IEP, meetings, transition meetings, Kimi Ora Facebook page, narrative assessment in the form of ePortfolios, class and school events and special school functions. ● Parents, whānau/family and caregivers will also be informed of: ● Health status and behavioural changes. ● Cultural activities and awareness. ● Expenses e.g. horse-riding, swimming, sailing, outings. ● Opportunities for community events. 4. Parents are informed at transition and IEP meetings of the collection, storage, access and use of information and is available to students and their family and whanau. Information regarding therapy support and equipment is communicated via email, telephone and communications books. 5. Parents, whānau/family and caregivers will be given information on: ● Ongoing Resources scheme ● Travel procedures ● Transition Plans 7 Communication, formal and informal with our whole community is important in establishing good relationships and is recognized in a number of our Governance and Operational policies. 8 Reporting to Parents and Whānau, Ministry of Education Website, accessed 2 September 2017 14
3 WELLBEING AND SAFETY Date: April 20189 Signed _______________________________ Chairperson Kimi Ora School Board of Trustees Review: April 2021 9 Wellbeing and Safety includes the following policies which have had a variety of review dates. The first policy up for review was 3.5 Complaints Policy and Procedures, March 2018. All policies in this section will be reviewed at that date. 15
3.1 Codes of Conduct Board of Trustees Code of Conduct Introduction In order to govern the school through effective trusteeship and to ensure that all students at Kimi Ora school are provided with the best possible teaching and learning opportunities each trustee, in carrying out their duties, agrees to adhere to the following code of conduct. Code of Conduct 1. Ensure that all students are provided with an education which respects their dignity, rights and individuality and which challenges them to reach the highest standards of personal achievement. 2. Serve the school and their community to the best of their ability and be honest, trustworthy, loyal and fair in all matters relevant to their roles and responsibilities. 3. Respect the integrity of staff, the principal, parents and students. 4. Maintain the confidentiality and trust vested in them. 5. Not disclose to any other person information that might be harmful to the school. 6. Arrive on time and come prepared to meetings with papers read. 7. Ensure strict confidentiality of papers and information related to the board’s position as employer. 8. Adhere to meeting protocol as set out by NZSTA Trusteeship, A Guide for School Trustees (http://www.nzsta.org.nz/) 9. Be clear about the trustee’s role and understand that irrespective of background and skills brought to the board as individuals, trustees work jointly to achieve the boards primary aim of providing governance for the school’s management. 10. Carry out promptly any actions that arise from a meeting for which a trustee is personally responsible. 11. Declare any actual, potential or perceived conflicts of interest prior to discussions commencing as soon as it becomes apparent that a member or members may have a conflict of interest. The board will decide jointly on whether the member(s) should absent themselves from the meeting for that item, or take some other appropriate step to manage the conflict. 12. Ensure that individual trustees do not act independently of the board and its decisions. 13. Recognise that only the chairperson can speak for the board. 14. Accept that the principal is the professional leader of the school who is responsible to the board. 16
We, the undersigned members of the Kimi Ora School’s Board of Trustees, agree to adhere to the principles and practices outlined in the Code of Conduct. Shirley Jones, Principal Philippa Wood, Chair Peter McDermott, Parent Trustee Pamela Johnston, Parent Trustee Lynn Andrews, Parent Trustee Dave Speden, Staff Representative Richard Michael, Parent Trustee Dated __________________ Kimi Ora School Staff Code of Conduct Introduction The Kimi Ora School Board has a statutory obligation to be a good employer and we recognise the importance of treating staff fairly and properly in all aspects of employment. In 17
return, the board expects a high standard of behaviour from you. All staff members, board members and others working in the school are expected to identify with and have a commitment to the philosophy and values of the school, and to demonstrate that commitment in the performance of their duties. Please make yourself fully familiar with the standards in this document. Purpose of the Code The purpose of this Code of Conduct is to assist you to know and understand the minimum standards of conduct and behaviour expected of you as an employee of the Kimi Ora School Board. This reflects the basic requirements of professionalism, integrity and courtesy needed to ensure that we provide a quality education to our students, and that a pleasant and safe working environment exists for all staff and students. Coverage The Code applies to all employees of the board, including permanent, temporary, and casual employees. This Code forms part of your employment with the board. Principles The Code of Conduct establishes three principles of conduct which all staff are expected to observe: ● You should fulfil your lawful obligations to the board with professionalism and integrity. ● You should perform your official duties honestly, faithfully and efficiently, respecting the rights of the students, the school community and your colleagues. ● You should not bring your employer into disrepute through your activities, whether inside or outside school. Activities outside the school are not likely to be acceptable if they: o damage the standing or reputation of the Kimi Ora School Board because of the position you hold in it; o interfere with the proper performance of your duties. Shared expectations The board can operate effectively and provide a quality educational outcome when there is a shared expectation between the board (as the employer) and its employees. This is a two- way commitment that benefits both the employer and employee when expectations are met. Set out below is a summary of the expectations that the board, as the employer, has of you, and the expectations that you, as an employee, may have of Kimi Ora School Board. 18
Kimi Ora School Board expectations of staff The board expects you to: ● Work within the law with honesty and integrity ● Comply with all lawful and reasonable instructions ● Comply with the policies of the Kimi Ora School Board ● Work diligently and meet the requirements of your employment agreement ● Respect the rights of colleagues, students and the school community. Obligations of Kimi Ora School Board to staff As a good employer, we are committed to meeting the following staff expectations: ● A commitment to the spirit and principles of the Treaty of Waitangi. ● Opportunities for equal employment, including recognition of: o The aims and aspirations of Maori and ethnic or minority groups. o The employment needs of Maori, Pacific Island, ethnic or minority groups, women, and people with disabilities. ● Impartial and open selection and appointment procedures. ● Fair rates of remuneration for skill, responsibilities and performance. ● An up-to-date job description that provides clear statements of your duties and your employer's expectations of you. ● Adequate training, equipment and support to perform your duties. ● Regular and appropriate feedback and communication on your work performance. ● Effective communication of information. ● Good and safe working conditions. ● Opportunity for the enhancement of your abilities. ● Freedom from harassment or discrimination in the workplace. ● Appropriate disciplinary and dispute procedures and the opportunity for redress against unfair or unreasonable treatment by the employer. Codes of behaviour If you have any prior criminal convictions, you are required to inform Kimi Ora School Board about them before accepting employment with the school. If you do not disclose this information or are not truthful about it, disciplinary action could be taken against you which could lead to dismissal. You are to avoid any activity, either work-related or private, which could reflect badly on the board in its relationships with the school community. This means that you are to inform your manager in writing if: 19
● You apply for bankruptcy or become bankrupt. ● Any criminal charges or convictions that may occur while you are employed by the board are of such a nature that it would be inappropriate for you to continue to be employed in the same capacity by the board. This may include, for example, charges that involve loss of trust between you and the board, or charges that damage the reputation of the school (such as driving under the influence of alcohol). ● As a full-time employee, you take on secondary employment. Performance of duties Employees are expected to carry out their duties in an efficient and competent manner. This means that you are expected to: ● Comply with the law. ● Comply with all lawful and reasonable instructions and work as directed by your employer or their duly delegated representative. ● Perform your duties according to the legislation, policies and procedures of the board. ● Comply with any other code of ethics or practice that may apply to your profession e.g. New Zealand Teachers Council (NZTC) Code of Ethics, Occupational Therapists, Physiotherapists, Speech Language Therapists etc ● Perform your work to an agreed standard. ● Show proper and reasonable care when using board property, resources or funds ● Contact your employer (within 30 minutes of your normal starting) if you are to be absent from work due to sickness or an emergency. You are also expected to obtain permission from your employer to: ● Be absent from your workplace during work hours ● Enter into any contract or agreement on behalf of the board. The board will not accept responsibility for any unauthorised action. Unacceptable behaviour Failure to observe these standards of conduct by a staff member may result in disciplinary action, which could include termination of employment. Examples of behaviour that would be considered unacceptable by the board include: ● Ignoring lawful and reasonable instructions from your employer. ● Being under the influence of alcohol, illegal drugs or solvents impeding your performance during working hours. 20
● Giving false information (e.g.: stating you have a driver’s licence when you don’t; making a false claim for expenses). ● Failing to declare information that is requested when you apply for employment with Kimi Ora School Board (e.g.: having a revoked driver’s licence or a criminal conviction). Appropriate relationships with students You should recognise the sensitivity of the situation of students under Kimi Ora School Board care and control and show respect for and protect their dignity. ● No employee is to have a sexual relationship with any student of the school. ● Any employee with a family or financial relationship with a student or family of student at Kimi Ora must declare this to the board and have it recorded in the ‘Register of Interests’. You must inform your employer if a person to whom you are related, or with whom you are having or previously had any personal, sexual or financial relationship, comes within the ambit of your professional responsibilities. Respect for the rights of others While you are employed by the Kimi Ora School Board you have a duty to treat your colleagues, students and the public with courtesy and respect. This means that you are expected to: ● Avoid behaviour that might distress other employees or disrupt the workplace. ● Ensure that any workplace relationships do not have a negative effect on your work performance. ● Respect the privacy of individuals when dealing with personal information. ● Be non-judgemental by not harassing or discriminating against your colleagues or students on the basis of their gender, age, disability, marital status, and ethnicity, religious or ethical beliefs or sexual orientation. ● You must not have or bring into the workplace any material that may be viewed as racist or sexist, that is pornographic, or that is otherwise offensive to the board or its staff. Unacceptable behaviour Failure to observe these standards of conduct by a staff member may result in disciplinary action, which could include termination of employment. Examples of behaviour that would be considered unacceptable by the board include: ● The use of abusive, obscene or threatening language or behaviour to your colleagues or the public. ● Misuse, abuse or improper use of your position or of any statutory authorities or powers that may be delegated to you. 21
Conflicts of interest and integrity You are expected to be honest, fair and impartial when you perform your duties. This means that: ● You should not show bias to an individual student. Everyone should be treated fairly. ● In general, you are not to approve anything that will result in expenditure in respect of yourself (e.g: increased salary, travel expenses, a training course, your own overtime). ● You are not to lend money to, or borrow money, or otherwise enter into financial relationships with students or their families unless such arrangements have been declared to your employer. ● You must inform the board if you are involved in, or have a personal or financial interest or commitment to, any activity that may conflict, or could be seen by others to conflict, with the performance of your duties and the goals of the school. This includes situations such as when a close family member, relation or partner enters into a professional relationship with the school. A financial interest or commitment includes: o company directorships o shareholdings o offers of additional employment outside the school. ● You must inform the board (through the Register of Interests) if you are a member of (or plan to become a member of) or have a family involvement in a trust or community organisation which is funded by or otherwise linked to the school. ● Some employees, such as teachers and therapists, are required to abide by a professional code of ethics. These employees must inform Kimi Ora School Board if there are any conflicts between their professional codes of ethics and the duties they are directed to perform. ● You should consult with your employer before taking up other paid employment where that other paid employment could conflict with the performance of your duties at Kimi Ora School Board. You should speak to your employer if you are unsure if a particular situation is, or could be seen to be, a conflict of interest. Gifts and rewards You may not seek any form of reward (including gifts, favours, prizes or fees) for performing your duties as an employee. Gifts or rewards can be seen as bribes or inducements that put you under an obligation to someone other than Kimi Ora School Board. While it is acceptable to receive a gift of a low value, if you are offered any form of reward or gift valued at $50.00 or more, you must inform your employer who will decide the appropriate response. You must not offer gifts or rewards to those within or beyond the school without consulting your employer. 22
Participation in public bodies or voluntary associations You must inform your employer if you are participating in a public or voluntary organisation (or intend to) and there are actual or potential conflicts between your responsibilities and duties as a staff member of Kimi Ora School Board, and your responsibilities and duties to the other organisation. Where it is considered there is a potential conflict of interest, appropriate arrangements will need to be made to avoid or resolve the conflict. For example: ● It could be interpreted as a conflict of interest if you are a member of (or plan to become a member of) or have a family involvement in a trust or community organisation which is funded by or otherwise linked to the board. ● If you intend to stand for Parliament you must discuss this with your employer, to arrange leave. (This will commence at an agreed date, as per the Electoral Act 1993.) Unacceptable behaviour Failure to observe these standards of conduct by a staff member may result in disciplinary action, which could include termination of employment. Examples of behaviour that would be considered unacceptable by the board include: ● Approving expenditure for yourself, a family member, or a business that you have an interest in. ● Failing to declare activities that you are involved in that could be seen to be in conflict with your work. ● Soliciting, and/or accepting gifts or rewards, or using board services/resources for personal advantage or gain. ● Failing to disclose a personal relationship with a student or their family when you have a professional relationship with that person. Security/confidentiality You are expected to maintain the highest standards of confidentiality and security in the workplace. This means that you are not to: ● Use the boards’ computer systems in any way that may corrupt or disrupt their normal function. ● Access, or attempt to access, machines or networks by unauthorised means. ● Access another colleagues school email account under any circumstances with the exception of the principal who may access any school email account at any time. ● Use information related to the board's systems for anything other than authorised purposes 23
● Bring into the workplace via the email or internet system, or by any other means, any material that is pornographic, or that may be viewed as racist, sexist or otherwise offensive. ● Give your computer password/security card to any other members of staff without good and justifiable reason. ● Leave a record of your password anywhere obvious so that someone else may see it. Ownership of information Kimi Ora School Board owns all data stored on computer systems including School Gmail accounts. Management has the right to access and view this information at any time. Staff found using the system inappropriately may face disciplinary action. Data storage on computer systems and servers School computer systems are predominantly for business use. Other reasonable use of personal computers, including software and material stored on personal computers must be consistent with this code of conduct. Computer software Any software loaded onto any Kimi Ora School Board equipment must have a valid licence with proof of ownership. No software owned by the board may be copied and used on another PC or taken home and loaded onto a personal device, as this contravenes software licensing laws. Telephones Use of the school phone system is predominantly for school purposes. Employees are entitled to reasonable personal use of the school telephone system as long as this is consistent with the Code of Conduct, and does not interfere with their work. Use of the email system The email system is predominantly for school purposes and must not be misused. While it is acceptable to send or receive business messages from outside the school, users should be aware that this information might not be secure outside the school. This needs to be considered before you send email. Employees are to ensure that all email is written in a professional and respectful manner. Employees are entitled to reasonable personal use of the email system as long as this is consistent with the Code of Conduct and does not interfere with their work. Employees are not to access another colleagues school email account under any circumstances with the exception of the principal who may access any School email account at any time. 24
Internet Use of the internet is predominantly for school purposes. Employees are entitled to reasonable personal use of the internet if this is consistent with the Code of Conduct and does not interfere with their work. Retention of Data Kimi Ora School Board is required to retain information in accordance with the Archives Act 1957. This means that you cannot delete business-critical data from the computer system without permission. Unacceptable behaviour Failure to observe these standards of conduct by a staff member may result in disciplinary action, which could include termination of employment. Examples of behaviour that would be considered unacceptable by the school include: ● Misuse, abuse or unauthorised use of board funds, resources or property (including telephones, fax machines, internet, email, photocopiers, computers, credit cards, taxi cards and vehicles). ● Falsifying board records (e.g: inaccurate or false recording of travel claims). Official information (Privacy) The disclosure or release of official information is subject to the Official Information Act 1982. Information related to Kimi Ora School Board, its suppliers or the users of its services is to be treated at all times as confidential to the board and is to be used by employees for official purposes only. Employees of Kimi Ora School Board are also subject to the provisions of the Privacy Act 2020. The main object of this Act is to promote and protect personal information and it seeks to give individuals some measure of control over personal information about themselves. Release of official information Official information must only be released by authorised employees, and only in accordance with the procedures as stated in the Official Information Act. Board instructions about the release of official information must also be followed. It is not to be released to the media or the public without the proper authorisation. For example, staff may not remove or copy school documents or records for external use without approval from their manager. It should never be used for personal motives. 25
Unacceptable behaviour Failure to observe these standards of conduct by a staff member may result in disciplinary action, which could include termination of employment. Examples of behaviour that would be considered unacceptable by the board include: ● Providing information outside Kimi Ora School Board without proper authority ● Using board information for unauthorised purposes ● Using school information to support personal motives ● Breaching the Privacy Act in respect of employees, suppliers or users of board services. Public Comment Staff members should not respond to requests from the media for comment on matters relating to the school. Only authorised staff members should respond to media requests for comment on such matters. If the media makes an approach to you, inform your principal/board so they can respond to the media request. Unacceptable behaviour Failure to observe these standards of conduct by a staff member may result in disciplinary action, which could include termination of employment. Examples of behaviour that would be considered unacceptable by the board include: ● Publicly commenting on matters relating to individual students. ● Giving the impression that you are expressing the views of the board when you are actually stating your own personal views. ● Making a personal attack on a fellow staff member. Whistleblower protection Whistleblowing is the exposure by people within an organisation of significant information on corruption or wrongdoing that is in the public interest and would not otherwise be publicly available. This Code of Conduct offers whistleblower protection. ● Confidentiality – While provision is made for the protection of a whistleblower’s identity, and to some extent for the nature of the information that has been disclosed, this must be balanced against the importance of natural justice in that any person accused of wrongdoing must be informed of any accusations against them and be given the opportunity to refute them. ● Prohibition of reprisals – This Code of Conduct commits the board to ensuring that whistleblowers acting in the public interest are protected from reprisals. Breaches of the Code of Conduct This Code of Conduct describes the standards of behaviour expected of staff. As outlined in the Code, behaviour or actions that are considered unacceptable by Kimi Ora School Board 26
may result in disciplinary action against the employee concerned, which could include termination of employment. Disciplinary action Disciplinary action is about problem solving. Kimi Ora School Board is concerned to identify problems associated with performance or behaviour, and to make sure that the process for fixing those problems is prompt, consistent and fair. In general, disciplinary procedures include informal or formal disciplinary action along the following lines: Informal disciplinary action: ● Discussion of the problem, including listening to explanations for behaviour causing concern. ● Assistance to help overcome the problem. ● Referral to the Employee Assistance Programme, if appropriate. ● Temporary transfer to other duties. Formal disciplinary action: Formal disciplinary action will follow the process outlined in the relevant collective employment agreement. Whether disciplinary action is informal or formal, the Kimi Ora School Board will make sure that the disciplinary procedures are fair. This means that: a. You must be told of your right to request union, legal or other assistance and/or representation. b. You must be told of the specific behaviour or performance that is causing concern, and given a reasonable opportunity to provide an explanation. c. You must be told, where appropriate, of the action that is required to amend or improve your behaviour or performance, and be given a reasonable opportunity to do so. d. An appropriate investigation must be undertaken before any substantive disciplinary action is taken. e. If the offence is sufficiently serious, an employee is to be placed on suspension pending investigation. f. An oral warning would usually precede a written warning, depending on the seriousness of the misconduct. g. It is a requirement that the process and result of any disciplinary action are recorded in writing, read and signed by you (the employee), and then placed on your personal file. In general terms, no disciplinary papers will go on your file unless you have seen them or have been given a genuine opportunity to see them. If you are not satisfied with the 27
disciplinary action taken, you have the right to pursue a personal grievance. This procedure is outlined in your employment agreement. Acknowledgement of receipt of Code of Conduct I____________________________(name) acknowledge that I have received a copy of the Code of Conduct issued. I have also been advised/received a presentation outlining my obligations under the Code. I understand that a breach of the Code may lead to disciplinary action, including dismissal. Signed_____________________________ Date ____________________ (remove this page from code and place original on employee’s personal file) 28
3.2 Health and Safety Policy Introduction The board is required to comply with the Health and Safety at Work Act 2015, which makes health and safety everyone’s responsibility. The board holds the primary duty of care to ensure the health and safety of everybody involved with the school so far as is reasonably practicable. Guidelines The board is committed to ensuring the health and safety of all workers, students, visitors and contractors in the workplace by complying with relevant health and safety legislation, regulations, New Zealand standards and approved codes of practice. We will achieve this through: Board 1. Making health and safety is a key part of our role. 2. Working with our workers to ensure there are robust health and safety systems at our school 3. Doing everything reasonably possible to remove or reduce the risk of injury or illness 4. Making sure all incidents, injuries and near misses are recorded in the appropriate place. 5. Investigating incidents, near misses and reducing the likelihood of them happening again. 6. Informing WorkSafe NZ of any notifiable events as soon as possible and submitting a written report to WorkSafe NZ within seven days of injury.10 7. Having emergency plans and procedures in place. 8. Training everyone about hazards and risks so everyone can work safely. 9. Providing appropriate induction, training and supervision for all new and existing workers. 10. Helping workers who were injured or ill return to work. 11. Having open communication with unions that workers are members of. 12. Making sure contractors and subcontractors working at the school operate in a safe manner and all contractors who have unsupervised access during school hours are police vetted. 10 Section 25 of the Health and Safety at Work Act 2015 29
Staff All workers are encouraged to play a vital and responsible role in maintaining a safe and healthy workplace through: a. Being involved in improving health and safety systems at work. b. Following all instructions, rules, procedures and safe ways of working. c. Reporting any pain or discomfort as soon as possible. d. Reporting all injuries, incidents and near misses. e. Helping new workers, staff members, trainees and visitors to the workplace understand the safety procedures and why they exist. f. Reporting on any health and safety concerns or issues through the reporting system. g. Keeping the workplace tidy to minimise the risk of any trips or falls. h. Wearing protective clothing and equipment as and when required to minimise exposure to workplace hazards. i. Being aware of and following any behaviour plans that are in place for specific students. Others in the workplace All others in the workplace including students and visitors are encouraged to: a. Follow all instructions, rules and procedures while in the school grounds. 13. Report all injuries, incidents and near misses to a teacher or other staff member. 14. Wear protective clothing and equipment as and when required to minimise exposure to hazards. Students a. Students are encouraged to engage in positive health and safety practices. b. They are given enough support to keep them safe. Please sign below that you have read and understood the Kimi Ora Health and Safety Policy Date: Signed _______________________________ Name________________________________ 30
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3.3 Child Protection Policy11,12,13 Introduction The board is committed to child protection and recognises the important role and responsibility of all our staff in the protection of children. This commitment, and an adherence to maintaining a safe environment for the children to learn in and the staff to teach in, will be enforced. All board members and staff members (including contractors and volunteers) are expected to be familiar with this policy, its associated procedures and protocols, and to abide by them. Guidelines In line with Section 15 of the Oranga Tamariki Act 1989, any person in our school who believes that any child has been, or is likely to be, harmed (whether physically, emotionally, or sexually) ill-treated, abused, neglected, or deprived, must follow school procedures and may also report the matter to a social worker or the local police. Board The board has an obligation to ensure the wellbeing of children in our care so that they may thrive, belong and achieve. We are committed to the prevention of child abuse and neglect, and to the protection of all children. The safety and wellbeing of the child is our top priority. Advice will be sought through appropriate agencies in all cases of suspected or alleged abuse. Principal Kimi Ora school’s designated person for child protection is the principal. The principal has primary responsibility for understanding these guidelines, ensuring relevant staff understand them properly and monitoring implementation of the processes. 11 References: 1) Child Matters, Safer recruitment, Safer children. Guidance for choosing safe people to work with children. 2) Ministry of Education, Vulnerable Children Act 2014, A practical guide for Early Childhood Education Services, Nga Kohanga Reo, Playgroups, Schools and Kura, 2015 3) Child Matters, How Can I tell? Recognising Child Abuse, 2015 12 This policy must be read in accordance with the Vulnerable Children Act 2014 and the Health and Safety at Work Act 2015. These Acts are relevant to all Property, Health and Safety Policies and Procedures and NAG 5 of the Ministry’s administration guidelines. The NAG 5 includes the requirement that the board; provide a safe physical and emotional environment for students, promote health food and nutrition for all students, and, comply in full with any legislation currently in force or that may be developed to ensure the safety of students and employers. 13 The definition of a ‘child’ is anyone under the age of 18 years of age. Students who are 18 years and above at Kimi Ora School are considered ‘vulnerable adults’ and are also covered by this policy. 32
The principal must: 1. Develop appropriate procedures to meet child safety requirements as required and as appropriate to the school. 2. Comply with relevant legislative requirements and responsibilities, 3. Make this policy available on the school’s internet site and available on request. 4. Ensure that every contract, or funding arrangement, that the school enters into includes the adoption of child protection policies where required. 5. Ensure the interests and protection of the child are paramount in all circumstances. 6. Recognise the rights of family/whānau to participate in the decision-making about their children. 7. Ensure that all staff are able to identify the signs and symptoms of potential abuse and neglect, deal with disclosures by children and allegations against staff members and are able to take appropriate action in response. 8. Support all staff to work in accordance with this policy, to work with partner agencies and organisations to ensure child protection policies are understood and implemented. 9. Promote a culture where staff feel confident they can constructively challenge poor practice in relation to child safety matters or raise issues of concern without fear of reprisal. 10. Consult, discuss and share relevant information, in line with our commitment to confidentiality and information sharing protocols, in a timely way regarding any concerns about an individual child with the board or designated person. 11. Seek advice as necessary from NZSTA advisors or other external advisors on employment matters and other relevant agencies where child safety issues arise; 12. make available professional development, resources and/or advice to ensure all staff can carry out their roles in terms of this policy. 13. Ensure that this policy has been read and signed by all members of staff. 14. Ensure that this policy forms part of the initial staff induction programme for each staff member. Safety Check Procedures The Vulnerable Children Act 2014 (VCA) introduced safety checks as one of the measures to help reduce the risk of harm to children. Safety checks will be completed for all people employed or engaged in work that involves regular or overnight contact with children.14 A safety check consists of: 14 Employee - a person of any age employed by an employer to do any work for hire or reward Engaged – someone other than an employee who is engaged to do any work for gain or reward – e.g. a contractor. 33
● An up to date CV of the applicants work history for the proceeding five years ● Evidence of current registration with appropriate professional body ● Any licence relevant to the job description ● Appointment process followed per Staff Appointments Policy, 5.1 and Employment Procedures and Induction folder ● Police vet (as outlined below) Volunteers Under the VCA, there is no requirement to complete safety checks for volunteers, however volunteers often work with children and NZSTA recommends that a police vet is completed for all volunteers.15 The school requires a police vet will be completed for all volunteers who are in the school for more than one day. Any short-term volunteer without a police vet will not be left alone with a child.16 Student teachers/therapists The school has an expectation that student teachers and student therapists are safety checked by the education organisation they attend. As is it is the responsibility of the board to ensure these are completed, the board will have a written agreement outlining an agreement that the tertiary institute has completed a safety check to the standard set out in the VCA, 2014. 17 Students completing work experience for example, ‘The Gateway Programme’. If a person under the age of 17 years is completing work experience they will go through the safety check procedure. 18 Teachers Police vetting is undertaken by the Education Council, as a part of a teacher’s registration and practising certificate process, this can be relied upon by the school.19 Relieving Teachers need to be safety checked before starting any new contract. Once the safety check is completed it can be relied upon for three years. Occupational Therapists: Police vetting is undertaken by the Occupational Therapy Board of New Zealand in accordance with their ‘Fitness Policy’.20 15 Police vetting requirements in relation to board non teaching employees and contractors, NZSTA, 2016 16 “Good supervision can significantly reduce risk by limiting opportunities for inappropriate conduct” (Child Matters, Safer recruitment, Safer children. Guidance for choosing safe people to work with children, pg 54). 17 A practical guide for Early Childhood Education Services, Nga Kohanga Reo, Playgroups, Schools and Kura; MoE), pg 18. 18 Police vets are accepted for people ten years old and above http://www.police.govt.nz/advice/businesses-and-organisations/vetting/troubleshooting-and-faqs 19 Vulnerable Children Act 2014, A practical guide for Early Childhood Education Services, Nga Kohanga Reo, Playgroups, Schools and Kura; MoE, pg 17. 20 http://www.otboard.org.nz/wp-content/uploads/2015/04/Fitness-Policy.pdf. 34
Physiotherapists, Speech Language Therapists, Music Therapists, Nurses, Teacher Aides, Administration Staff and other employees: Police vetting is undertaken by the school every three years. Employees who are new to New Zealand: All applicants aged 17 years or over who are working, visiting, or studying in New Zealand for 24 months or longer must provide a police certificate from any country they have lived for five years or more since attaining the age of 17 years, as well as their country of citizenship.21 New employees who have been in New Zealand for less than four months will not require a NZ police vet as part of their safety check. Staff Convicted of an Offence If a currently employed staff member has a Schedule 2 offence the board will follow VCA process as outlined in; Vulnerable Children Act, 2014.22 Risk Assessment The principal will complete a risk assessment by evaluating all gathered information before making an appointment. Student Involvement in the Community During outings such as work experience and community participation, Kimi Ora students will not be left alone with a member of the public or an external workplace employee. In the event of an on-going placement Safety Checks must be completed on anyone having unsupervised access to students23. Information showing the process of Safety Checks for each person is to be systemically filed. Recognising Abuse The Oranga Tamariki Act 1989, defines child abuse as "…the harming (whether physically, emotionally, sexually), ill-treatment, abuse, neglect, or deprivation of any student”. The definitions set out below, (Child Matters, How Can I tell? Recognising Child Abuse, 2015), provide some indicators of abuse. These should not be seen as an exhaustive list. 1. Physical Abuse is a non-accidental act on a child that results in physical harm. This includes, but is not limited to, beating, hitting, shaking, burning, drowning, suffocating, biting, poisoning or otherwise causing physical harm to a child. Physical abuse also involves the fabrication or inducing of illness. 2. Emotional Abuse is the persistent emotional ill treatment of a child such as to cause severe and persistent adverse effect on the child's emotional development. This can 21 http://www.newzealandimmigration.net.nz/character-requirements.html 22 A practical guide for Early Childhood Education Services, Nga Kohanga Reo, Playgroups, Schools and Kura; MoE, pg 36. 23 Vulnerable Children Act 2014, A practical guide for Early Childhood Education Services, Nga Kohanga Reo, Playgroups, Schools and Kura; MoE, pg 23 35
include a pattern of rejecting, degrading, ignoring, isolating, corrupting, exploiting or terrorising a child. It may also include age or developmentally inappropriate expectations being imposed on children. It also includes the seeing or hearing the ill treatment of others. 3. Sexual Abuse involves forcing or enticing a student to take part in sexual activities (penetrative and non-penetrative, for example, rape, kissing, touching, masturbation) as well as non-contact acts such as involving children in the looking at or production of sexual images, sexual activities and sexual behaviours. Staff should be aware of their 'duty of care' which precludes developing a sexual relationship with or grooming of a child. A sexual relationship between an adult and a child will always be wrong, unequal and unacceptable. 4. Neglect is the persistent failure to meet a child's basic physical and/or psychological needs, causing long term serious harm to the child's health or development. It may also include neglect of a child's basic or emotional needs. Neglect is a lack: of action, emotion or basic needs. Responding to Abuse 1. Procedures for responding to and reporting child abuse Any issues of suspected child abuse must be taken seriously and handled in an appropriate manner that ensures the child’s safety. The principal, as the designated person for Child Protection, is responsible for ensuring that the procedure for reporting child abuse is effective and timely. If a member of staff has a child protection concern then they must inform the principal as soon as possible. In the absence of the principal, a deputy principal should be informed. 2. Record in ETAP system To ensure continuity, concerns of child welfare are recorded via private files in the ETAP system. These can be viewed by the principal and deputy principals who will complete the following process: 36
Note: Avoid making judgments, simply record the facts and sign and date all concerns Confidentiality and Information Sharing 1. Kimi Ora School recognises that all staff must act within the legal requirements of the Privacy Act, Oranga Tamariki Act, Health information Act and other statutes. 2. There are provisions within each of these acts for sharing information needed to protect children and enable other people to carry out their legitimate functions. In general staff will not share information if they believe that by doing so this will endanger the child. 3. The school encourages the sharing of information when appropriate steps have been taken. 4. Staff may be asked to provide information to Oranga Tamariki, the police, court or lawyers and psychologists. 5. Information sharing will be restricted to those who have a need to know in order to protect children. 6. When any of the above contacts a staff member for information that staff member must first refer to the principal for clearance before providing the information. 37
7. Information will only be given after the staff member has identified the person making the request, the actual purpose of the request, what use the information will be put to, and who will see the information. 8. In the case of a social worker or counsel for a child wishing to interview a child while in the care of the School, the staff member must consult the principal to be certain that such an interview will be undertaken legally and in the best interests of the child. 9. All staff will follow the detailed processes around responding to information requests as per the Code of Conduct (policy 3.2) and the Staff Procedures Manual. 10. A child’s records will be kept as factual as possible, and nothing will be recorded as fact without evidence to back it up. This means, for example, that no entry will be made on a child’s record about guardianship of a child without sighting the appropriate documentation. Relationships with External Agencies 1. The school will maintain a good working relationship with Oranga Tamariki and with police, and be familiar with the laws that serve to protect children from abuse. We will consult with Oranga Tamariki, the police, and with other appropriate agencies that have specialist knowledge to help us protect children from abuse. 2. In order to keep children safe, people who suspect or uncover abuse should not be tempted to deal with cases themselves. When there is a relationship of trust and understanding with the statutory agencies, people are more likely to report and enable professional investigation to ensue. 3. The school will ensure that it has contacts for Oranga Tamariki and police offices. The principal, as the ‘Designated Person for Child Protection’, will maintain this information. 4. The school recognises that by law, any person may report a case of suspected abuse to the statutory agencies. 24 5. The school will maintain relationships with NGOs and agencies that provide services to children and families, such as Capital Support and Life Unlimited. Managing allegations against staff 1. The school will respond to suspicions and allegations of child abuse by a member of staff in a manner which best ensures the students immediate and long-term safety and will treat suspicions or allegations against a staff member with the same seriousness as suspicions or allegations made against any other person. 2. The school will not act alone, and will refer all suspected situations of child abuse to police or Oranga Tamariki. The safety of the student will be the primary 24 Section 15 of the Oranga Tamariki Act 1989 38
consideration, and no person in this organisation will collude to protect an adult or an organisation. 3. Allegations will be treated in such a way that the rights of adults and the stress upon the staff member are also taken into consideration. 4. When abuse is suspected or an allegation made against a staff member, the first consideration will be to ensure the safety of the student. 5. When abuse is suspected, or if a child discloses abuse, staff will follow the process for ‘Responding to Suspected Child Abuse’ included in this policy. 6. When there are suspicions of abuse by a staff member, both staff and children’s rights are to be attended to. This means that the safety of the student is of first concern, and that the staff member must have access to legal and professional advice. 7. The person managing the child abuse issue will not be the same person as that managing the employment issue. 8. The suspected staff member (or volunteer) will be prevented from having further unsupervised access to children during any investigation and will be informed fully of their rights. 9. The school will adhere to the principles of the Employment Contracts Act and give the staff member all information regarding his or her rights. 10. The school recognises the added stress to fellow staff in such a situation, and will ensure support is available. 11. The principal, as the ‘Designated Person for Child Protection’, must immediately ensure that the suspected individual does not have any contact with the child making the allegation. A risk assessment must be undertaken to determine what level of access, if any, that person should have, to other children. 12. If the police decide to undertake a criminal investigation then the member of staff may be suspended, without prejudice, as a precautionary measure. It is important that no internal investigation is undertaken, and no evidence gathered that might prejudice the criminal investigation. 13. If the school is aware that a member of staff it has placed on precautionary suspension also works with children for another organisation, either as an employee or a volunteer, it should ensure that the other organisation is informed of the suspension and the subsequent outcome. Consultation with Oranga Tamariki or the police will determine how this information is conveyed. 14. The school should liaise with Oranga Tamariki and the police regarding the progress of the investigation. 15. If there is insufficient evidence to pursue a criminal prosecution, then a disciplinary investigation may still be undertaken if there is "reasonable cause to suspect" that abuse may have occurred. The allegation may represent inappropriate behaviour of 39
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