Education Regulations 2015

Education Regulations 2015

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Education Act 1994 .

C. WARNER

Governor

By Her Excellency's Command,

JEREMY ROCKLIFF

Minister for Education and Training

1.   Short title

These regulations may be cited as the Education Regulations 2015 .

2.   Commencement

These regulations take effect on 29 June 2015.

3.   Interpretation

In these regulations –

Act means the Education Act 1994 .

4.   Applications for registration of schools

(1)  An application under section 52 of the Act for registration as a school is to be lodged –

(a) at least 9 months before the date on which the applicant intends for the school to begin operating as a registered school; or

(b) such lesser number of months before that date as the Registration Board allows.

(2)  The Registration Board is to –

(a) determine an application under section 52 of the Act as soon as practicable after it is lodged; and

(b) as soon as practical after making such a determination, notify the Minister and the applicant in writing of the determination.

5.   Matters to be taken into account

For the purposes of section 53(1)(g) of the Act, the following matters are prescribed matters to be taken into account in determining an application for registration as a school:

(a) the proposed code of conduct for employees at the school;

(b) the proposed plan for school review and development.

6.   Notification of changes

(1)  The governing body of a registered school is to notify the Registration Board of a proposed change –

(a) at least 6 months before the date on which the governing body intends the proposed change to occur; or

(b) such lesser number of months before that date as the Registration Board allows.

(2)  The notice is to –

(a) give full particulars of the proposed change; and

(b) state how the proposed change is likely to affect the operation of the school; and

(c) state whether the proposed change alters the type of education the school is providing.

(3)  In this regulation –

proposed change means a change that is proposed to be made in relation to a matter specified in section 53(1) of the Act in respect of a registered school.

7.   Proportional rates for grants

(1)  For the purpose of section 65(b) of the Act, the prescribed proportional rate is –

(a) for students at a registered school that are kindergarten students, the number of full-time equivalent students enrolled in the kindergarten multiplied by the needs index of the school and multiplied by the base amount; and

(b) for students at a registered school other than kindergarten students, the number of full-time equivalent students enrolled in the registered school, other than kindergarten students, multiplied by the needs-based funding level applicable to the school.

(2)  In this regulation –

base amount, in respect of an application for a grant in any year, means the amount that the Minister fixes as the base level of funding for a full-time equivalent kindergarten student, in a registered school for that year, when determining the application for a grant under section 64 of the Act or the amount of a grant under section 65 of the Act;

full-time equivalent students, in respect of a school in any year, means the number of eligible full-time students, determined by the Minister, for the purposes of section 65 (a) of the Act, for the school in that year;

grant means a grant paid to a registered school pursuant to section 64 of the Act;

needs-based funding level, in respect of a grant in any year, means a level of funding –

(a) determined in accordance with the Students First methodology established by the Commonwealth Government; and

(b) agreed between the State Government and the Commonwealth Government;

needs index, in respect of a grant in any year relating to kindergarten students, means the measure of need that the Minister determines for a registered school for that year, when determining the application for a grant under section 64 of the Act or the amount of a grant under section 65 of the Act.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 June 2015

These regulations are administered in the Department of Education.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) provide for certain matters in relation to an application for registration of a school; and

(b) provide for the Registration Board to be notified of certain changes in relation to registered schools; and

(c) prescribe the proportional rate for the purposes of determining school grants; and

(d) are made consequentially on the repeal of the Education Regulations 2005 under section 11 of the Subordinate Legislation Act 1992 .