June 2011

Code of Practice for the Pastoral Care of International

Students

Key reasons why the Code was introduced

To protect and enhance:

• protect and enhance New Zealand’s reputation

• replace the voluntary Code & extend coverage to all providers

• ensure the safety & protection of young students

• complement other quality assurance mechanisms in education

• protect the market and ensure New Zealand can compete internationally

• set benchmarks for good practice in pastoral care

Education Act 1989 No 80 (as at Feb 2011), Public Act

• Part 18A International Students 238F CodeSection 238F: inserted, on 25 October 2001, by of the Education Standards Act 2001 (2001 No 88).

• (1) The Minister may publish a code of practice that provides a framework fort he pastoral care of international students.

(2) Without limiting subsection (1), the code may include provisions for all or any of the following purposes:– (a) designating the administrator:– (b) setting out requirements relating to the manner in

which providers may assess and recruit prospective international students, including the information to be given by providers about courses, procedures, and costs:

– (c) providing for the welfare of international students, including the support services to be provided by a provider and any reporting obligations:

– (d) requiring providers to review their own performance to ensure compliance with the code, and providing for the designation or appointment of an independent person or organisation to monitor the performance of providers to ensure compliance with the code:

– (e) establishing the IEAA to investigate and determine complaints from international students about alleged breaches of the code, after all internal grievance procedures have been exhausted, and to refer appropriate cases to the review panel; setting out rules of procedure or empowering the IEAA to regulate its own procedure; and, subject to section 238G , specifying the remedies and sanctions it may impose:

– (f) establishing the review panel to determine whether a signatory should be removed or suspended as a signatory to the code; setting out rules of procedure or empowering the review panel to regulate its own procedure; and, subject to section 238G, specifying the remedies and sanctions it may impose:

(g) despite everything in the Public Finance Act 1980 , requiring providers to indemnify the administrator:(h) providing for such other matters as are contemplated by or necessary for giving full effect to this Part and for its due administration.

• (3) The code of practice may make different provisions in relation to international students aged under 18 and in relation to international students aged 18 or over.

• (4) The code is binding on all parties who are signatories to the code.

• (5) The Minister must notify the making of the code in the Gazette and make copies available for inspection free of charge, or for purchase at a reasonable cost, in such form and at such places as the Minister determines.

What is the Code?• The Code is mandatory for all education providers enrolling

international students

• There are approximately 1203 signatories to the Code.

• In 2010 -99,880 international students enrolled.

• Signatories include:

• All Universities (8)

• All Institutes of Technology and wananga (20)

• Private Training Establishments (279)

• Schools (896)

What is the Code?The provision of clear and accurate information for students and parents; and

education providers

Transparency around all fees

Legal responsibility and due diligence

Having, using, reflecting on documents, policies and procedures

For example:» Refund provision

» Fee protection

» Accommodation type

» Enrolment and orientation information required and procedures

» Health and insurance requirements

» tuition

What is the Code?

Signatories and Agents• Recruitment and Accommodation agents must comply with the

Code• Agency contracts should set out clear divisions of

responsibilitiesSignatories and Parents

• Contractual dealings with parents and students to be conducted in an ethical and responsible manner

• Agreements must be in writing• Agreements should be signed by parents and not agents• Parents must be given a copy• Contracts must be renewed each year

Contracts and Agreements

What is the Code?

• Signatories must have a designated person or unit responsible for welfare support and advice services for the students. Support services include:

» Information and advice on accommodation

» Information and advice on driving laws and traffic safety

» Advice on health services

» Information and advice on New Zealand laws

» Information and advice on addressing harassment

• Report any serious concerns to the appropriate organisation

Pastoral Care and Welfare

What is the Code?

• Special welfare provisions for very young international students

• Access to first language support

• Access to first language counselling

• Cross cultural training for staff

• Regular communication between students and parents

• Reporting to the Administrator every six months

Pastoral Care and Welfare

What is the Code?

• Signatories must have a designated person or unit responsible for students requiring assistance with accommodation

• Systems to ensure that the students are in safe accommodation

• Report any serious concerns to the Code Administrator

• Primary aged international students must be living with a parent

Accommodation

What is the Code?

• Fair internal complaints procedures for students

• An independent external appeal authority (IEAA) for students to refer complaints onto if not resolved internally

• Penalties for signatories who breach the Code

Grievance Procedures

What is the role of Code Administrator ?

The Code Administrator is delegated responsibility for Administration of the Code – including legal aspects

• Approval of all new signatories including special approvals*• Ensuring that existing signatories continue to meet the Code

requirements or pursuing the removal as a Code signatory• Receiving reports of serious concerns legally required of

signatories• Supporting targeted capability building of existing signatories to

meet the Code requirements

What is the role of Code Administrator ?

• Contributing to operational policy and implementation planning

• Contracting ERO, NZQA and NZUAAU to provide external review and evaluation on Code requirements of signatories

• The appointment and administration of an IEAA Panel

• The appointment and administration of a Review Panel

The Code Administrator is delegated responsibility for Administration of the Code – including legal aspects

What does the Code Office do?

The Code office:

• receives applications from education providers wanting to become signatories

• Undertakes an approval process of policies, documents and procedures to ensure compliance with the Code (often includes site visits)

• Updates the list of approved signatories on the Code webpage and notifies INZ and NZQA

Approves applications to become a signatory

What does the Code Office do?

• Ensures internal self-attestation reports are processed and followed up

• Works with all signatories to ensure compliance• Receives and acts on external review and evaluation reports

from the QUAP bodies

Throughout 2009-2010 work was done with:• ERO to ensure that schools’ self review and self attestation

compliment ERO’s enhanced external review• NZQA to include the Code is a mandatory EER focus area for

all PTEs and TEIs who are signatories (Tertiary Reforms)

Monitors Compliance

Monitoring

Mandatory annual self review of information and compliance with the Code by all signatories

A self attestation is sent to the Code office annually attesting that the self review has been undertaken and providing other data as requested.

External Evaluation and Review

• Education Review Office (Schools)

• New Zealand Qualifications Authority (PTE’s)

• New Zealand Universities Academic Audit Unit

What does the Code Office do?

• Examples of good practice displayed on Code website

• Provision of regular seminars / workshops

• Quarterly newsletters

• Liaison with national and regional agencies

• Ongoing advice and guidance-telephone, email, visits

Provides capability for compliance and support:

The International Education Appeal Authority

The International Education Appeal Authority (IEAA) has been established to receive and adjudicate on complaints received from international students and their authorised agents/representatives, or referred by the Administrator, concerning alleged breaches of the Code.

Students can access guidance on submitting a complaint through the MOE website.

Relationships with:

• Signatories• MOE-ECP national office support to regions, legal services,

international division policy and international liaison teams –S+SP group

• ERO, NZQA, NZUAAU external evaluation and review agencies• Department of Labour (ImmigrationNZ and ARMS)• MSD• New Zealand Police• MFAT• New Zealand Trade and Enterprise • Currently EducationNZ • ISANA• StudyGroup (national groups) and networks• Consulate and embassy staff• Other international and national and local agencies and organisations

Issues for ptes

• Financial management – fees, levy, business insurance, financial risk

• Student refunds, requirement to protect all fees• Recruitment agents• Visas • Orientation• Information for our records including sites• Notification of changes clause 27.5• Pastoral care of over 18 year old international students• advocacy