School ‘donations’ battle looms

The Human Rights Commission says it may take schools to court if they try to charge parents for anything that is part of the school curriculum.

A hard-hitting "action plan for human rights", published by the commission today, includes "strategic litigation" to assert the right to free education, reviewing the legal powers of schools to suspend and expel students and increasing student participation in school decision-making.

It goes far beyond traditional civil rights, and asserts economic, social and cultural rights such as affordable housing, restorative justice, giving all New Zealanders the chance to learn Maori, and better pay for home-care workers.

The Government is due to say by November what action it will take on the 178-point plan.

Chief Human Rights Commissioner Rosslyn Noonan said the right to a free education was fundamental to enjoying civil, political, economic, social and cultural rights.

The commission had received complaints from parents whose children had been denied free education or discriminated against because they could not afford to pay for materials, school trips and other activities.

So far the commission had tried to mediate between parents and schools, with some success. But there was a need to be clearer.

"We need as a society to reaffirm what we mean by provision of free primary and secondary education. We need to be clear what it means legally," she said.

She said one possibility was seeking a judgment on what constitutes free education.

"If you look through the action plan as a whole, this is the only area where we suggest that litigation may be appropriate. It's basically a signal."

"We are not talking about school balls, but what school trips are taken to provide input into the curriculum as part of the whole school experience," she said.

"There can be no objection to schools undertaking fundraising. The issue is where the school's need for funds interferes with a child's access to education."

However, she said litigation might be avoided if the Government itself laid down clear rules.

Ms Noonan said the commission was also concerned about schools with high rates of student suspensions and expulsions - particularly of Maori boys.

School Trustees Association president Chris Haines said schools would continue to ask parents for "donations" until the Government increased their operations grants.

Schools now raised $500 million locally, including about $200 million from parents' "donations", compared with the operations grant of $900 million a year.

"If there was sufficient money from the operations grant, people wouldn't need to ask for donations," he said.

But Secondary Principals Association present-elect Graham Young said parents would always want to contribute towards giving their children a better education.

"Most people accept that the free education is for the hours that the school is open," he said.

"The added costs are co-curricular - things that people do outside the NZ curriculum - and it's reasonable to provide a charge on some commodity that might be developed in a classroom that is then taken home by the student."

A Herald survey of 134 schools in January found requested "donations" averaged $152 a year and ranged up to $740 in state high schools and $1496 in integrated church schools.

The Education Act

Except as provided in this Act or the Private Schools Conditional Integration Act 1975, every person who is not a foreign student is entitled to free enrolment and free education at any state school during the period beginning on the person's 5th birthday and ending on the 1st day of January after the person's 19th birthday.

- Education Act 1989

www.hrc.co.nz/actionplan