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The Act’s main provisions:
The most significant change to the original Bill is the restoring of restrictions on the use of ‘physical restraint.’ This follows concern from many submitters that the change to a more permissive approach based on the use of ‘physical force’, the phrase used in the Bill originally, was likely to lead to the greater use of force in schools.
The change makes it clear that any restraint must be reasonable and proportionate. Restraint must only be used to prevent imminent harm, including significant emotional distress, to a student or another person and only where staff believe there is no other alternative.
The changes specify that staff members authorised to use physical restraint must be trained, and set out what must be in the rules and guidelines that the Ministry of Education develops, including a framework for prevention and de-escalation, to further support our educators.
The transferring of the responsibility for enrolment schemes to the Ministry of Education is delayed until January 2021, and a provision is added allowing grandparenting in these schemes at the Secretary’s discretion.
This change allows the siblings of current students to enrol at the same school when a new enrolment scheme is adopted or an amendment to the home zone of an existing scheme is made.
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