Joint Statement to Schools on Ongoing and Reviewable
Resourcing Schemes (ORRS) Funded Students.
Ministry of Education, NZSTA and NZEI Te Riu Roa
Purpose
This paper gives information to boards of trustees and principals for the 2003 school year
to assist in planning and decision-making when balancing funding, the needs of students,
and the employment of staff for Ongoing and Reviewable Resourcing Scheme (ORRS)
funded students.
Three significant issues impinge on this:
1. One notional funding rate for teacher aide hours from the Ministry of Education;
2. Budgeting by boards using school based and supplementary funding; and
3. Application of the Support Staff in Schools’ Collective Agreement (SSCA).
Introduction
There are many challenges related to the distribution and use of ORRS funding. It is
intended to be a flexible resource package, to be used on an “unders and overs” basis, to
meet the needs of the individual students involved. The ability to do this is influenced by
different parts of the sector being responsible for different parts of the package, and the
changes over time in employment conditions of the staff providing services.
There is likely to be minimal change for 2003:
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the Government budget has now been set;
the Ministry of Education will pass on the 1.8% increase from January 2003 in the
notional hourly rate for ORRS funded teacher aides;
Ministry of Education teams have started the teacher aide allocation process in term
3 to ensure boards can be informed of 2003 allocations by mid November 2002; and
The SSCA will be renegotiated in late 2003.
The Ministry of Education is however, aware of the issues and concerns of the parties
involved and is looking closely at how a more co-ordinated approach can be developed
for all special education provision.
Context
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The ultimate responsibility for meeting the needs of all students including those
funded through ORRS lies with the board of the school the student attends.
The funding for ORRS students comes from a combination of school and
supplementary funding.
Under the Education Act 1989 all children are able to attend their local state school fulltime until the end of the school year in which they turn 19. Students on ORRS can stay
until the end of the year in which they turn 21.
Under the current National Administration Guideline 1, boards of trustees must meet the
following requirements:
iii on the basis of good quality assessment information, identify students and
groups of children:
a. who are not achieving;
b. who are at risk of not achieving;
c. who have special needs; and identify
aspects of the curriculum which require particular attention;
iv develop and implement teaching and learning strategies to address the needs of
students and aspects of the curriculum identified in iii above;
One notional funding rate for ORRS teacher aide hours from the Ministry of
Education
Background
The Ministry of Education directly supports 55% of ORRS funded students. The
remaining students are directly supported by 76 Fundholding Schools. Fundholding
schools may have different arrangements for the distribution and allocation of ORRS
funding and their practises may not necessarily be reflected in this section.
The Ministry of Education funds at a notional rate of $13.33 per hour for teacher aide
time for the school year 2002. This will be increased by 1.8% for the 2003 school year.
(See Circular Resourcing for 2003; Changes to Operational Funding 2003 Ministry of
Education).
There have been some increases in the rate paid to schools over the years as operational
increases have been passed on to schools by SES. The ORRS rate is now increased in the
same way as schools’ operational funding and the increase will be passed on to schools.
With increases to the rates and movement up the scale by individuals, the notional rate
paid now will not cover the costs of teacher aides, and school based funding needs to be
used to cover the difference.
Individual Education Plans (IEPs)
The development of IEPs is a joint process involving the family, the school and support
services. The ability to resource the plan through ORRS resources and funding, and
school based resources and funding, needs to be carefully considered.
During the IEP or funding planning process, the teacher aide hours needed to support a
student are discussed. Boards are then notified of the money they will receive. The time
stated in an IEP or fund
plan is indicative only of what teacher aides will actually
deliver in direct services to students. There can be many changes made from the time the
IEP hours are discussed to the time a teacher aide delivers a service to a student.
When all the estimates of teacher aide time per student are known the Ministry of
Education will undertake district moderation processes to ensure the total budget is
neither under nor over expended. This may result in a change of teacher aide allocation
for some or all students. Schools also need to take into account non direct contact time eg
IEP meetings, time to meet with the teacher and paid morning and afternoon tea breaks
for the teacher aide, when they use the funding to set the teacher aide’s hours.
Budgeting by Schools using school based and supplementary funding
Students with special education needs have a right to access school funding on an
equitable basis to meet their needs.
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All children at a school are funded at the per-pupil rates for their year level. They
also count towards all the other roll-related funding components. When a child
becomes entitled to supplementary support through ORRS this is on top of the base
funding for the school with all its children counted including those with special needs.

Although it is recognised that ORRS funding will provide the bulk of provision for
those funded under the Schemes, their needs should not be expected to be fully met
from that source alone.
ORRS funded students receive supplementary funding, notified annually, which is made
up of four components:
1
Specialist support which is provided by fundholders after negotiation between the
school team and the fundholder specialist teams.
2
0.1full time teacher equivalent (for high needs) or 0.2 full time teacher equivalent
(for very high needs) specialist teacher component. This part of the resource is in
the school’s staffing entitlement where the student is enrolled and has been
funded to remain in school entitlements for the full year, even if the student
leaves, to allow for employment and organisational commitments to be met.
3
Consumables provided annually at a rate of $250 for high needs and $500 for very
high needs. A quarter of the amount is paid to schools termly with their teacher
aide payments. This part of the resource has been funded to move with the
student.
4
Teacher aide support which is paid termly. This part of the resource has been
funded to move with the student.
School boards are responsible for employing the 0.1FTTE and 0.2 FTTE specialist
teacher and the teacher aides. For teacher aides, boards are also responsible for meeting
ongoing employment costs.
Boards need to determine the duties required for each teacher aide position. These
should be reflected in a job description for the teacher aide. Every position should be
graded by the employer according to the level of skill, qualifications, relevant experience
and responsibility which are required according to the definitions within the terms and
conditions of the SSCA.
When budgeting for all school activities, including the employment of teacher aides,
boards should take into account all resources currently available.
Application of the SSCA
All teacher aides who are or become members of NZEI Te Riu Roa are automatically
covered by the SSCA. All new appointees must be employed on the same terms and
conditions as that of the SSCA for the first 30 days of employment. If, after 30 days,
they do not join NZEI Te Riu Roa, different conditions can be negotiated but Ministry of
Education concurrence will be required if it is proposed that any of these fall below what
is provided in the SSCA.
There are four areas in particular which appear to cause most consternation in regard to
the employment of teacher aides. They are:
1.
2.
3.
4.
Permanent or fixed term positions
Variation of hours
Grading of positions
Unusually dirty work allowance.
1 Permanent or Fixed Term Appointment
The board must decide if an ORRS funded teacher aide is to be appointed as either
permanent or fixed term (ie the employment ends on a specified date, period or event, or
the end of a project). However any fixed term appointment must meet the requirements
of s66 of the Employment Relations Act (replicated in sub-clause 2.3.3 of the SSCA)
which should be read carefully. In summary, before any position is offered as fixed term
the school must have ‘genuine reasons based on reasonable grounds’ for why it is fixed
term and notify the aide of these together with the details of when or how the
employment will end. Using a fixed term agreement, for example, to determine whether
the aide is suitable for permanent employment is not a genuine reason.
Whether ‘genuine reasons based on reasonable grounds’ exist for an ORRS funded
teacher aide will vary depending upon circumstances within the school. For example a
single ORRS funded student leaving may or may not be a genuine reason.
Some factors for consideration in determining employment status, whether permanent or
fixed term include:
 Is there ongoing work for the teacher aide?
If work from the loss of funding associated with a student leaving, will be reduced, can
this be covered by a reduction in hours through the Variations clause (see below) for
either one aide or a group of aides? How significant is the potential cost to the school
until the employee’s hours can be varied?
(Note: Hours can be varied at any time by the employer on one month’s notice,
provided it has been 12 months or more since the hours were last set.
 How are the children included in the school’s teaching programmes? Do the
aides work with several children or with an individual? If the former, at what point is
there not scope for ongoing work?
 How many children funded through ORRS are in the school now, have been in the
past and are projected to be in the future? How long do they generally remain within the
school?
Some situations will be clearer than others. A teacher aide position created to support an
ORRS funded student may need to be fixed term because it is known that the child will
be there for a limited time. This would appear a genuine reason based on reasonable
grounds. On the other hand in a school with many ORRS funded students genuine
reasons for fixed term employment would appear more difficult, as work should be ongoing and the employee’s hours can be varied (see 2 below) to meet changes needed if
children come and go. The option of less hours in the permanent agreement with a
variation for more hours in the short term could be considered.
Boards are advised to ensure that the above factors are considered and any fixed term
positions are ‘genuine’ for ‘reasonable’ reasons. The practice of ‘rolling over’ fixed term
positions from one year to the next without proper regard to the factors above is unlikely
to form the basis of a genuine fixed term agreement. If the decision is made that a
position is to be fixed term, for the term of a specified event, schools may use the
standard templates on the NZSTA web site.
The significant difference between a permanent and fixed term employee is that the
former has access to the surplus staffing provisions. Making an employee fixed term
solely to avoid future redundancy payments would not be seen as a genuine reason. As
indicated above, the Variations provision which allow an employee’s hours to be
reduced, provides considerable scope to avoid redundancies where the work is reduced
(rather than disappears) by a child leaving.
Where loss of work means staff numbers do need to be reduced, in accordance with the
provisions of part 6 of the SSCA, any affected permanent employee must be notified of a
potential surplus staffing situation at least one month prior to notice being issued. During
this time discussions and examinations of other options, including attrition, must occur.
If a reduced number of positions is still required all permanent positions in the
occupational category will be internally advertised and appointments made on merit.
2
Variation of hours
Except where an employee is employed under 2.6.1 of the SSCA hours may be varied in
the same way for both permanent and fixed term employees.

Upon appointment the hours per week and the weeks of the year to be worked are
set. This is to take into account all aspects of work required (including time to attend
IEP meetings, to meet with teachers and if necessary prepare work) and to allow time
for paid morning and afternoon tea and unpaid lunch breaks. This continues for a
minimum of 12 months, unless a variation is agreed, or longer;

Only after a minimum of 12 months can the employer vary set hours without the
employee’s agreement. One month’s notice (when the employee is at work and being
paid) must be given of any intended variation of hours. During this notice period if
hours are being reduced, there has to be discussion about the reasons for the
reduction, how it might be minimised or if there is alternative work;
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In addition there may be occasions when to meet a temporary demand due to special
circumstances staff may be required to work additional hours; and
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The set hours may be varied at anytime if both the employer and employee agree.
Traditionally each employee’s hours and weeks were set annually for the school year.
However there is no requirement to do this or to change them 12 monthly.
Where necessary the Ministry of Education pays two weeks of the notice period if a
child leaves unexpectedly. Generally good communications between parents, schools
and the Ministry of Education has meant that teacher aides are able to work out their
notice periods.
(Note that when an ORRS student leaves the .1 or .2 teacher component can stay in the
school for the rest of the academic year to meet employment and organisational
requirements)
3 Grading of Positions
Grading of a position (whether fixed term or permanent) is determined by the employer
after considering the description of the job in relation to the relevant provisions of the
collective agreement (see clauses 3.3 and 3.6) ORRS funded teacher aides are likely to
be either Associate Grade A or B as follows:Grade A associate: The position is closely supervised. It involves duties and tasks
which are specified and clear and are carried out in accordance with well defined
procedures.
Grade B associate: The position involves a range of duties for which advanced
knowledge, skills and experience are required. The position is likely to involve periods
without supervision or may be sole charge.
Determining which grade will involve considering the levels of skill, qualifications,
relevant experience and responsibility required in the job in relation to the Grade
descriptions in the collective agreement.
An associate position is graded according to how closely an employee is supervised, how
clear and well defined their instructions are, what level of advanced knowledge, skills or
experience is required and the level at which the employee is required to support or
contribute to the teaching programme. It is teachers who have the responsibility for the
learning outcomes for all students in their class and the way any instruction is given.
Where the teacher aide performs a mix of duties which fall into both grades, they are
placed in the grade reflecting the substantive part of their job.
On appointment and once the grade has been determined a teacher aide can be placed at
any point in that grade’s scale after the employer considers factors outlined in clause
3.3.2. of the SSCA. However as this is a minimum rates document a school board may
agree to pay above the grade’s salary maximum.
Progress up the pay scale of the appropriate grade is annual provided the teacher aide has
met, or exceeded agreed written performance standards. Where there are no written
standards an employee is to be consulted about them. However the absence of written
standards should not be a reason to delay or defer annual increments. To activate the
payment of increments schools need to advise the Ministry payroll prior to the increment
date. Under the Wages Protection Act failure to activate incremental payments may
result in all arrears being due.
As a teacher aide becomes more experienced and knowledgeable there may be an
expectation that their job should be advanced to Grade B. However grading is a
reflection of the duties required in the position NOT the experience of the person
involved. If, over time, the duties or responsibilities of the position change, there is
provision for the position to be regraded. Refer to 3.3.3. ( c ) .
4 Unusually Dirty Work Allowance
Where employees, in the course of their duties perform unusually dirty work involved in
cleaning-up a pupil soiled by vomit, excreta or body fluids they shall be paid an
allowance of $3.85 per day or part thereof. The allowance is paid on a daily basis if such
an event occurs once or more than once. It is not split between two staff members. The
unusually dirty work allowance is not part of the hourly rate of employees and schools
should have a system to ensure that the allowance is paid when it is due.
Resources
Support Staff Collective Agreement
A full copy of the SSCA is available now on www.minedu.govt.nz , www.nzsta.org.nz
and www.nzei.org.nz.
Printed copies are available from NZSTA and NZEI Te Rui Roa
A copy of the Individual Employment Agreement for teacher aide positions are on
www.minedu.govt.nz through School Management and Administration and under
Individual Employment Agreements
Other material about the SSCA are available on the NZEI Te Rui Roa and NZSTA
websites