NON-STATE ACTORS IN EDUCATION
2.2 Non-state education provision
3.1 Regulations by distinct levels of education
- Early childhood care and education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Primary and secondary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Tertiary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
3.3 Supplementary private tutoring
The 1989 Education Act (Art. 20), which covers early childhood care and education and primary and secondary education, stipulates that “any person or body of persons” can register to set up a “private school”.
The 1968 Niue Education Regulations define a ‘private school’ as “any private school that is registered under regulation 6 of these regulations”. “Any person or body of persons” may apply to the Minister for approval to establish a private school in Niue.
No definition of non-state actors at the tertiary education level was found.
2.1 State education provision
State schools
In Niue, public education is provided for free by the Government to all children attending primary (age five to ten) and secondary (age 11 to 17) schools. Education is compulsory for all children up to the age of 16 years.
Since 1989, there is only one early childhood education and primary school, which is public and located in Alofi. Niue High School (Mata Ki Luga) is the secondary school of the country; it is also located in Alofi and cates for years 7 to 13 (ages 11 to 17).
Government schools are maintained from public funds and controlled and administered by the Department of Education.
Non-state managed, state schools
No information was found.
Non-state funded, state schools
No information was found.
2.2 Non-state education provision
Independent, non-state schools
No information was found.
State-funded (government-aided), non-state schools
Education is free for eight years and the New Zealand Government contributes to the funding of the Department of Education through Forward Aid Plans (FAPs) to support this measure. The country provides support to parents for indirect costs (uniforms, educational resources).
Contracted, non-state schools
No information was found.
2.3 Other types of schools
Homeschooling
No information was found.
Market contracted (Voucher schools)
No information was found.
Unregistered/Unrecognised schools
Private schools must be registered under the 1989 Education Act.
The Department of Education administers the 1989 Education Act and exercises supervisory and other functions concerning private schools. In parallel, the Department of Community Affairs is the focal point for any matters involving the welfare of children. Nauru does not have a Religious ministry separate from the Department of Education that makes decisions on non-state education.
The 1968 Niue Education Regulations regulate the establishment and registration of private schools. It states that the Director of Education must promote the education of the inhabitants of Niue, to control, administer, and maintain all Government schools established there, “and to exercise such supervisory and other functions in relation to private schools as are provided by these regulations” (Art. 4).
Vision: The 1974 Constitution Act stipulates that the Cabinet shall be responsible for establishing and maintaining public schools and for making “other provisions”. The 1989 Education Act provides that the Minister has to exercise supervisory and other functions concerning private schools. Moreover, the 2016-26 National Strategic Plan aims to support and encourage private sector development and growth. To do so, the State will create more opportunities for establishing and growing businesses and develop and attract the skills and investment to support the country's economic growth. Finally, the 2009-13 National Youth Policy aimed to pursue a collaborative approach, combining the resources of NGOs, churches, communities and private sector organizations.
3.1 Regulations by distinct levels of education
The 1989 Education Act states that pre-school education is offered in kindergartens, play centres and similar institutions. There is only one early childhood education and primary school in Niue, which is public. No information on the number of children in eventual non-state facilities was found.
Niue has no consolidated children’s act in national law, but rather incorporates child protection and other relevant children’s provisions into several codes and acts, such as the 2007 Family Law Code. The 1989 Education Act includes pre-schools in its definition of school.
Registration and approval: See Multi-level regulations.
Licence: See Multi-level regulations.
Profit-making: No information was found.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum or learning standards: See Multi-level regulations.
Teaching profession: See Multi-level regulations.
Fee-setting: See Multi-level regulations.
Admission selection and processes: See Multi-level regulations.
Policies for vulnerable groups: See Multi-level regulations.
Quality assurance, monitoring and accountability
Reporting requirements: See Multi-level regulations.
Inspection: See Multi-level regulations.
Child assessment: No information was found.
Sanctions: See Multi-level regulations.
Registration and approval: See Multi-level regulations.
Licence: See Multi-level regulations.
Water, sanitation and hygiene (WASH): A private school whose premises do not meet acceptable health and hygiene standards may have its licence cancelled by the Ministry of Education (Education Act, 1989, Art. 21).
Profit-making: No information was found.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum or learning standards: See Multi-level regulations.
Textbooks and learning materials: No information was found.
Teaching profession: See Multi-level regulations.
Corporal punishment: There is no explicit prohibition of corporal punishment in the 1989 Education Act (Art. 22) states that principals must be responsible for the “care, safety, control, and discipline of each pupil”.
Other safety measures and COVID-19: No additional information was found.
Fee-setting: See Multi-level regulations.
Admission selection and processes: See Multi-level regulations.
Policies for vulnerable groups: See Multi-level regulations.
Quality assurance, monitoring and accountability
School board: There shall be a school committee comprising of members and elected by the parents in all government schools however, the 1989 Education Act does not specify whether this obligation also applies to private institutions.
Reporting requirements: See Multi-level regulations.
School inspection: See Multi-level regulations.
Student assessment: No information was found.
Diplomas and degrees: No information was found.
Sanctions: See Multi-level regulations.
The University of the South Pacific (public) has a campus in Niue that caters for distance learning, community education or adult students.
There is also a privately operating representation of St Clements University. This school was licensed by the Niue Ministry of Education in 2005. The educational programmes offered are distance learning. The Royal Academy of Fine Arts (Det Jyske Kunstakademi) is also a self-governing institution run with support from the Aarhus Municipality and the Ministry of Culture.
The Ministry of Education grants licences for tertiary education schools in Niue (for instance for St Clements University). The approval is on the premise of the “acceptable universal criteria” for a higher school of education. However, these criteria were not found in the official regulations.
Most of the students have to go to New Zealand or other regional institutions for further education, be it vocational or academic qualifications.
No legislation on non-state provision at the tertiary education level was found.
Registration and approval: No information was found.
Licence: No information was found.
Profit-making: No information was found.
Taxes and subsidies: No information was found.
Quality of teaching and learning
Curriculum and education standards: No information was found.
Teaching profession: No information was found.
Fee-setting: No information was found.
Admission selection and processes: No information was found.
Quality assurance, monitoring and accountability
Board: No information was found.
Reporting requirements: No information was found.
Inspection: No information was found.
Assessment: No information was found.
Diplomas and degrees: No information was found.
Sanctions: No information was found.
3.2 Multi-level regulations
This section presents the regulations for early childhood care and education and primary and secondary education. The 1989 Education Act includes pre-schools in its definition of school.
Registration and approval: The 1989 Education Act (Art. 20) defines the establishment and registration process for private schools. The Cabinet of the Department of Education may approve the establishment of private schools on such terms and conditions as the Cabinet considers appropriate. The Director of Cabinet forwards the application and a recommendation to the Minister. No specific regulations concerning the infrastructure of non-state institutions were found.
In parallel, the 1968 Niue Education Regulations stipulates that applications shall be referred by the Executive Committee to the Niue Island Assembly for consideration. After consideration by the Assembly, the Executive Committee forwards the application to the Resident Commissioner, together with a copy of any resolution of the Assembly on the matter. If the Minister approves the application, the school is registered by the Resident Commissioner as a private school and the registration is notified in the Niue Island Gazette (Art. 6).
Licence: Once the application is approved, the Director of Cabinet registers the school as a private school and the registration is notified in the Gazette.
Taxes and subsidies: Private schools are not entitled to receive support from public funds for their establishment, maintenance or operation (Niue Education Regulations, 1968, Art. 6).
Quality of teaching and learning
Curriculum or learning standards: Niue follows the New Zealand curriculum from early childhood education to Year 13. Children are taught in Vagahau Niue and English. In addition, no teacher can be forced to provide religious instruction against the advice of conscience (Education Act, 1989, Art. 39).
Teaching profession: All institutions must provide teachers with training (Education Act, 1989). No information was found on their qualifications, hiring, firing and salaries. Niue identifies Standards for the teaching profession in the public sector.
The regulations on non-state education do not explicitly state whether teachers in private schools are covered by the same provisions as those in the public service. Niue does not seem to have a labour law for those employed in the private sector.
Fee-setting: The Ministry of Education may require fees to be paid in respect of certain schools, institutions or classes of learning and also prescribe the nature and level of fees to be paid (Education Act, 1989, Art. 19).
Quality assurance, monitoring and accountability
Reporting requirements: School committee’s books, records and accounts must be kept and submitted to the Department for inspection. In addition, if a pupil under 14 years of age is suspended or expelled from a private school, the headteacher of that school must notify the Director of Education (Niue Education Regulations, 1968, Art. 6).
Inspection: The Department of Education may inspect attendance records in every private registered school (Education Act, 1989, Art. 32). Every registered private school shall be inspected by an inspector of schools “at such times and in such manner as the Director may direct” and that every registered private school must be “opened at all times to visits or inspections” (Education Act, 1989, Art. 40-41).
Sanctions: The Minister of Education, with the approval of Cabinet, may cancel the registration of a private school if the Minister is satisfied that the school is managed inefficiently or is being operated on premises that do not meet acceptable standards of health and hygiene. The Director shall give notice in writing of the cancellation of registration and any such school shall be closed not later than four days after the receipt of such notice. The Director shall also notify the cancellation of registration in the Gazette (Education Act, 1989, Art. 21). In parallel, the registration of a private school can be cancelled if the school is “conducted inefficiently or in a manner which is or is likely to be detrimental to the physical, mental, or moral welfare of the pupils attending” or if “any instruction has been imparted therein to any pupil which is prejudicial to the peace, order, and good government of Niue” (Niue Education Regulations, 1968, Art. 6).
3.3 Supplementary private tutoring
No information was found.
Financial operation and quality
No information was found.
No information was found.
