November 11, 2016
To the Education and Science Select Committee Submission on the Education (Update) Amendment Bill
From Shannon Hennig
As a speech-language therapist and inclusion education consultant, I have dedicated my career to ensuring that students with moderate to profound speech, language, and communication differences can access education and learning in an inclusive setting.
My areas of expertise are autism, AAC (Augmentative and Alternative Communication), and teaching literacy skills to children with limited speech. I am a PhD level researcher who collaborates internationally on disability issues, assistive technology, and communication disorders.
I also write as someone who grew up in a truly inclusive school system overseas. I was educated alongside children with mild to profound disabilities. As an academically gifted student, I never once felt held back by quality inclusive practice. Instead it made my teachers better, my principals more thoughtful, and my learning richer. I have family members with disabilities as well.
I wish to share my comments, which primarily address the following sections of the bill:
- Schedule 2, Part 2: Powers and Functions of Board of Trustees
- S38: Part 3A Communities of Online Learning
- S43: Teaching and Learning Programmes, Monitoring and Reporting Student Performance
- S47: Off-site locations for school
- S48: Establishment of Communities of Learning
I urge you to make sure that the Update be amended so that it ensures that all children have access to a publicly funded, meaningful, and appropriate education, as is their right.
In its current form, the urgent unmet needs of students with disabilities and their families are not addressed.
Initially, I welcomed the introduction of this bill as a long overdue update to an Education Bill that does not currently meet the needs of all students. However, many students – particularly those with mild to moderate learning differences, children with autism, and students with mental health conditions – have significant challenges in accessing a free and appropriate education in New Zealand.
Before we introduce experimental ideas, such as CoOLs, I urge parliament to delay passing this bill until the funding, equity, and quality of our inclusive education system is brought up to international standards for developed nations. Funding and training are the biggest barriers for achieving this – but not insurmountably so.
Legal provisions need to be created that allow speedy, affordable, and transparent recourse when exclusionary practices occur. Such exclusionary practices are surprisingly common and include encouraging students to attend other schools, stand-downs and exclusions without appropriately providing a functional learning environment for the student, or the more insidious (and often inadvertent) practice of schools that do not include (or cannot afford to provide) universal design. Over time this can foster a state of such anxiety and needless academic failure that a student refuses to attend school. I personally know of at least 6 families in which a student is not in school because their learning environments were unable to accommodate their learning needs.
Without providing adequate resources, policy, and legal provisions to address historic and systematic gaps in inclusive education provision, NZ will be in violation of our international commitments and create future financial liabilities.
For example, there are tangible societal costs to not getting inclusion right:
- increased underemployment for students in the future
- increased underemployment for parents of current students
- reduced educational staff moral and job satisfaction (leading to attrition of trained teachers)
- mental health conditions from school bullying, academic anxiety/failure, and/or social isolation
- increased incarceration rates
Of course, the real reason for making positive change should be the children. And their families. And all of us in the teaching professions who are working so hard under such difficult conditions.
The Ministry of Education urgently needs to conduct a consultation that properly considers the concerns of students, professionals (confidentially, without fear of employment repercussions), and families.
Having attended some of the consultation sessions last year, a significant number of parents (a) did not know about the meetings and/or (b) felt that the format firmly steered the conversation away from the issues they felt were most pertinent to their child’s learning. The term “rubber stamping” was frequently used to describe these sessions by parents. There were tears at many of the meetings and angry conversations in the parking lots. The issues they raised do not appear to be well addressed (if at all in some cases) in this bill.
Having previously practiced as a school-based speech therapist in the USA, I believe it would be prudent to get inclusive education policy right as well-crafted policy and legislation, rather than allow it to be created piece-meal through litigation for rights violations. As I am sure many have written, there are concerns that current practice is not aligned with the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child.
Equally, the Ministry of Education urgently needs to collect meaningful data that accurately reflects the reality on the ground. Before we focus on student outcomes, we need to understand what is actually happening (or not) to ensure that students are in school, being taught effectively, and feel safe.
Before holding students accountable to standards that may or may not be appropriate for their goals, we need to ensure that we collect meaningful, concise data on what the system is and isn’t doing to create environments conducive to learning. Do all teachers have training in autism? Are there discriminatory patterns in enrolment and expulsion? Do all children with learning and/or communication disabilities have access to appropriate accommodation, assistive technology, and interventions? This is the type of information that must inform policy going forward. I believe it is more relevant and of greater interest than national standards data at this time. Before we can improve student outcomes, we need to measure and address practices that may be setting students up for failure (or success, as the case might be) without being punitive to teachers.
We need to get this update right.
It needs to build on what we are already doing well, and effectively remedy what is not, in a futureoriented manner using NZ centric solutions.
It needs to directly address the issues I frequently observe that I believe conflict with (what I hope is) the spirit of NZ Education policy is. Specifically,
- I observe families paying privately for teaching assistants in order for their child to attend school
- I observe families offering to pay for teacher and teaching aid training and being denied this (and no training being offered)
- I see children with disabilities being denied literacy and communication instruction who have the skills to learn from such methods
- I see children with mild-moderate learning disabilities being placed in mainstream classrooms without specialised instructed to address their skills gaps, nor resources and training for the teaching staff regarding how to support their learning
- In some cases, I observe what appears to be well-meaning practice that is outdated, ineffective, and closer to childminding than educational instruction
- I see bullying being allowed to persist and inappropriate comments from teaching staff reflecting outdating thinking about children with communication impairments. Sometimes these are even said in front of the student (e.g., “they’re just being naughty,” “remember how lovely and quite it was before he learned to talk,” “She doesn’t need this communication device” etc.)
- Most worrying, I see teachers aching, pleading, and begging for resources, release time, teaching assistants, and training to help them better teach children who learn, think, and understand differently. They are too often being denied such requests, or don’t know how to tap into the limited resources out there.
Specifically, we need an update to our Educational Law that ensures that (and provides provisions for) all of the following:
- Removal of the introduction of CoOLs until the education system first addresses the systemwide, unmet needs of students with learning needs – including students with mild to moderate learning needs. These students are completely underfunded at this time and CoOLs will not provide the small group and 1:1 face-to-face, personal instruction they need. Many of these students struggle with executive functioning disorders, which by their nature make online learning, self-discipline, and non-differentiate instruction a poor fit for their learning needs.
- Seclusion should have no place in our education system.
- Appropriate training, staffing, school culture, and access to specialist knowledge (including parent expertise) is needed so that inhumane practices, like seclusion, do not occur.
- Transparent and enforceable mechanisms are needed to address any and all violations to students’ right to a free and appropriate education.
- Inclusive practices need to be reported to the MOE and effectively audited. These should not be cumbersome.
- Schools with exclusionary practices need to be held accountable. Parents need to have clear pathways for dispute resolution, and all results need to be communicated to families in writing.
- There need to be clear, enforceable timelines for when concerns are raised about a child’s learning and when appropriate support and interventions are expected to be put into place.
- Teachers need access to effective training in how to support language development, teach children with learning differences, and have the resources to teach in smaller groups when that is what is what is needed.
- Teachers-in-training need to have sufficient training in how to understand and teach children with autism, children with limited speech, and those who struggle to use and understand spoken language.
- Schools and ECEs currently are financially penalised for including students. The reverse needs to be true. All children should be able to attend their local schools with appropriate funding and support. The system should not have policies that make a child with learning needs a “financial burden” for school. This only encourages exclusionary practices.
- Students’ emotional and mental health needs to be supported at school – funding and support for guidance counsellors needs to be increased.
- Students’ speech, language, and communication skills are fundamental to school learning and participation. All schools should have access to a speech-language therapist who is available on a weekly basis to provide just-in-time support, demonstrations, and specialised intervention. They should be as valuable and integrated within the school community as music and physical education teachers.
I also want to specifically highlight the concerning proposal to focus funding of specialist support and intervention on the youngest students. To be clear, early intervention is essential. It makes a difference and saves money. That said, many impairments only become an issue when academic and social demands increase in the older years.
Specifically, clinically the following are well known “service request bumps” to any school-based speech therapist from America (where we serve all children with a documented speech-language communication impairment that significantly interferes with their ability to access the curriculum):
- Around 8-9 years of age, children transition from learning to read to the act of reading to learn. This is a stage where many subtle language differences start being significant challenges. But this marks one of the cut-off ages when speech-language input tends to be reduced in New Zealand.
- Around 12-14, students need to learn to apply language skills in more abstract ways and process more complex language. This is another period where more kids start to struggle because of subtle underlying language differences. They often didn’t need support before, but now do.
- In year 10, behaviour support options drop off in our system, however this is when our young people are thrown into a pressure cooker of high stakes tests that are linguistically demanding (even in maths) while attempting to navigate the social pressures of high school. Those with weaker language skills and/or social communication challenges need support and intervention at this stage – often for the first time in their lives. It is a shame to throw away a 10 year investment in a child just as they are about to finish education – for us and for the student.
My impression is that the Update, by design, does not address the concerns listed above. Given this, the following should be omitted from the Update:
- Global funding – without an appropriate increase in funding levels and school attitudes, global funding is expected to increase exclusionary practices if students with disabilities are perceived to increase budgetary pressures on local schools.
- CoOLs– children who have difficulty learning without specialised and individualised instruction are unlike to benefit from this model. Furthermore, it goes against the basic principles of inclusion.
- Giving too much power to school boards without proper checks and balances puts many students at risk. We need an independent organisation to investigate complaints and enforce child rights regarding education.
In summary: while the Education Law in our country needs an update, it must be done correctly and in a matter that targets the known, pressing issues our schools face. This bill does not appear to address these matters adequately.
The Ministry of Education needs to be given the resources, power, and direction to ensure that all children in New Zealand, regardless of any sensory, cognitive, or physical impairment, have access to a publicly funded and appropriate education. Exclusionary practices should be prevented through appropriate funding systems, staff development, and promotion of inclusive attitudes. If exclusionary practices continue, principals and boards of trustees must be held accountable.
The NZ education is positioned to become a world leader in Inclusive Education, but only if this update is amended in such a way that ensures all of our young people will experience school as a place of security, learning, exciting challenge, and community. Families should not be expected to foot the bill for this essential public service.
ALL children are our collective responsibility as a society and we all benefit from inclusive education policy and practice. We are watching closely, and wish you well on this important piece of legislation.
– Shannon Hennig