Responsibilities of the Board of Studies
Legislative basis
Section 99 of the Education Act establishes the Board of Studies as a corporation and section 102 confers numerous powers on the Board. The functions of the Board of Studies under section 102 of the Act include providing advice and making recommendations to the Minister about the registration of non-government schools and making decisions about the accreditation of non-government schools under Parts 7 and 8 of the Act respectively.
Section 103 of the Act allows the Board of Studies to create committees to assist in exercising its functions. Section 119 of the Act allows the Board to delegate its powers under the Act to a person or a body, such as a committee. The Registration Committee of the Board of Studies is one such committee. The Board of Studies has delegated to this Committee its functions concerning the registration and accreditation of non-government schools. The Registration Committee exercises its delegation from the Board within the Board's policies.
Note: All references on this website to the Registration Committee making recommendations to the Minister concerning registration or decisions concerning accreditation are based on the Registration Committee exercising the Board's delegation on registration and accreditation matters within prevailing Board policies. The process of review by the Board of decisions or recommendations made by the Registration Committee is described in other sections of this website.
Section 54 of the Act makes provision for the Board to arrange for a registered non-government school to be inspected by a Board Inspector at random or if the Board has reason to believe that the school is not complying with the requirements for registration.
Section 69 of the Act makes provision for the proprietor or principal of an individual non-government school or the approved authority for a system of non-government schools to provide returns to the Board of Studies concerning the requirements for registration in a form and at the times determined by the Board.
Section 131 of the Act confers on the Board of Studies the power to make rules that include guidelines with respect to the requirements for registration and accreditation and for systems of non-government schools formed under the Act as set out in Parts 7 and 8 of the Act respectively.
Section 46 of the Act requires that the Minister obtain and have regard to the advice of the Board of Studies in connection with the exercise of any of the Minister's functions in relation to systems of non-government schools.
Responsibilities and activities
The Board of Studies is responsible for making recommendations to the Minister about the registration of individual non-government schools, the approval of a system of non-government schools and the registration of non-government schools within approved registration systems.
The Board is also responsible for accrediting registered non-government schools if the requirements of the Education Act relating to courses of study to be undertaken by candidates for the School Certificate and/or Higher School Certificate are being, or will be, met. The Board usually accredits a non-government school in Years of schooling for a period of time corresponding to the period of registration of the school.
The Board's activities, therefore, involve both setting the regulatory and accountability requirements of the Act for non-government schools and oversight of compliance with these requirements. The regulatory and accountability requirements of the Act are detailed in the Registered and Accredited Individual Non-government Schools (NSW) Manual and the Registration Systems and Member Non-government Schools (NSW) Manual. These requirements represent the minimum standards to be met for a school to be granted a licence to operate.
The Education Act 1990 requires the Board to publish its rules as prescribed by the Regulation. Under the Education Regulation 2007, publication of the Board's rules is via the Official Notices of the Board Bulletin and this Manual which are published on the Board's website www.boardofstudies.nsw.edu.au.
The requirements for registered non-government schools
The registration requirements focus not only on the curriculum and its delivery but also on policies and procedures that foster the provision of a safe and supportive environment in which students can develop their educational potential. In addition, these requirements assist schools by stating a range of policies and procedures that need to be in place to demonstrate compliance with the Education Act.
The requirements for registered non-government schools relate to:
Corporate governance
Schools must be constituted as or conducted by legal entities that are accountable for their contractual obligations. Proprietors, members of governing bodies and principals are required to demonstrate accountability in terms similar to those applying to members of other public or corporate bodies.
Teaching standards
Schools should have the capacity to deliver the courses of study for which they are registered and accredited with a high standard of quality teaching. The NSW Institute of Teachers Act 2004 has set professional teaching standards. Teacher accreditation processes are administered by the NSW Institute of Teachers.
Student welfare
Schools are required to demonstrate that they have in place policies and procedures to provide for the mental, physical and emotional well-being of students.
Educational programs
Schools are required to base their courses of study on the outcomes of Board syllabuses, address the developmental needs of students and assist students to achieve their educational potential.
Boarding facilities
Schools that operate boarding facilities are required to demonstrate that they have in place policies for the safety and welfare of boarders.
Public reporting
Schools are required to participate in annual reporting to their communities against core' educational and financial measures.
As the regulatory body, the Board of Studies needs to be assured that a non-government school meets the requirements of the Act. To assist in making recommendations to the Minister as to whether a school meets the requirements of the Act, the Board has developed explanatory text and an outline of the evidence of compliance in relation to each requirement.
In considering the evidence of compliance provided by a school the Board recognises that non-government schools vary in their philosophy, ethos and practice. While the requirements of the Act need to be met, it is anticipated that the range of policies and procedures that a school has in place will vary and the content will reflect the context and philosophy of the school.