Pursuant to section 159YC(1) of the Education Act 1989, it is a condition of a TEO receiving funding under section 159YA or section 159ZC that the TEO will supply to the TEC or the Ministry of Education, from time to time as required by the TEC or the Ministry of Education, and in the form specified by the TEC or the Ministry of Education, any financial, statistical, or other information that the TEC or the Ministry of Education requires the TEO to supply.
TEO to supply enrolment information to the TEC
The following conditions are imposed to ensure that the TEC and the Ministry of Education obtain information about all confirmed students, whether or not fees are charged, and regardless of the funding source. Your SDR return must include students who have withdrawn, unless they withdrew before becoming a confirmed student. If you have any doubts as to whether a student should be included in the SDR, please contact your Investment Manager or the Sector Helpdesk.
1. The TEO must supply the following information to the TEC and/or the Ministry about each “confirmed student enrolment”, meaning:
a) if fees apply:
(i) a student and a TEO have entered into an enrolment or tuition contract or arrangement and the student has paid or committed to pay his or her fees; and
(ii) the period during which the student is entitled to withdraw from a course, programme or training scheme and receive a full refund of fees (less any applicable administration fee) has passed; or
b) if fees do not apply:
(i) a student and a TEO have entered into an enrolment or tuition contract or arrangement; and
(ii) the student has not withdrawn from a course, programme or training scheme by the withdrawal date (as specified in Withdrawal of enrolments below).
2. The TEO must not alter the data submitted in the SDR based on any subjective assessment of a student's performance, participation or attendance.
Withdrawal of enrolments
1. A “withdrawal” means the withdrawal of a confirmed student enrolment from a course, programme or training scheme, by notice from the student to the TEO or as a result of non-attendance or non-participation by a student at the TEO for any reason, and whether or not the student has been refunded any fees.
2. If a student is enrolled for all or part of a programme or training scheme that is of more than three months duration, the withdrawal date and refund period entitlements are set out in sections 234C to 235D of the Education Act 1989.
3. If a programme or training scheme is less than three months duration, the TEO must set a withdrawal date for each course in the programme or training scheme, up to and including which a student is entitled to a full refund of fees and course costs. The withdrawal date for each course must be no earlier than the date at which 10% of the course for which a student is enrolled has passed.
4. Completing the SDR does not discharge TEOs’ other obligations to report withdrawals. These obligations include reporting (where applicable) to: Immigration New Zealand (for international students), Ministry of Social Development (for Student Loan and Student Allowance recipients) and Trustees administering fee protection mechanisms (for International students and all PTE students).
5. If fees are to be refunded to a student, the TEO must, as soon as reasonably practicable, pay the refund:
a) to the Ministry of Social Development, if the student paid the fees using the Student Loan Scheme; or
b) directly to the student.
Use of SACNC funding
1. The TEO must ensure that SACNC funding is only used for the relevant programmes and activities at levels 1 and 2 on the NZQF which are specified in a TEO’s proposed investment plan (unless exempt). For the purposes of calculating the amount of SACNC funding to be allocated to the TEO, the TEC uses a metric comprising:
a) the number of valid domestic enrolments (as described in below), measured in equivalent full-time students (EFTS); and
b) the qualifications, and their component courses, in which students are enrolled, and the assigned course classifications, funding categories, and funding rates of those qualifications.
2. The TEO may only claim funding for a student who is:
a) a confirmed student enrolment; and
b) a valid domestic enrolment (as described in SACNC Valid domestic enrolment below); and
c) the student has completed 10% or one month of the course for which they have enrolled, whichever is the earlier.
SACNC Valid domestic enrolment
1. A “valid domestic enrolment” is the enrolment of a student who:
a) is one of the following:
(i) a domestic student ; or
(ii) an Australian citizen or Australian permanent resident currently residing in New Zealand;
b) is one of the following:
(i) aged 16 years and over; or
(ii) aged under 16 years if the student meets the criteria established by the TEC as described in paragraph 2 below; and
(iii) is studying in New Zealand or the student meets the criteria established by the TEC as described in paragraph 3 below; and
d) does not already hold a qualification at level 2 or higher on the NZQF unless:
(i) the student is participating in a qualification in ESOL or Te Reo Māori; or
(ii) the TEO at which the student has enrolled has not reached the thresholds specified in Condition SACNC021.
Students aged under 16 years
2. A student aged under 16 years is a valid domestic enrolment if:
a) at the commencement of the programme of study or training in which the student is enrolled, the student was aged under 16 years; and
b) the TEO is satisfied that the student is capable of completing the academic requirements of the programme in which the student is enrolled; and
c) the TEO has ensured that the student has a school exemption certificate from the Ministry of Education; and
d) if the student is, or will be, enrolled in secondary school at the time the programme of study or training starts, the TEO has ensured that the student's principal has signed a letter that approves the programme of study or training, and that either specifies that:
(i) the student is not required to be absent from school during school hours; or
(ii) if the student is required to be absent from school during school hours for more than five hours per week, the school will seek reduced funding for the student; and
e) if the student is, or will be, home schooled at the time that the programme of study or training starts, the TEO has ensured that the parent of the student who is primarily responsible for the student's home schooling has signed a letter that approves the study or training.
Students studying outside New Zealand
3. A student studying outside New Zealand is a valid domestic enrolment if:
a) the student is:
(i) enrolled in a course(s) leading to the award of a recognised qualification offered by a New Zealand TEO; and
(ii) enrolled at a New Zealand campus of a New Zealand TEO; and
b) the student is not:
(i) resident overseas and enrolled at an overseas campus established by a New Zealand TEO; or
(ii) a domestic student who is travelling overseas and enrolled with an overseas tertiary education provider; or
(iii) resident overseas and receiving tuition primarily through an overseas site of a TEO, regardless of the site at which the student is enrolled.
When a confirmed student enrolment is not a valid domestic enrolment for tertiary tuition calculations
4. A confirmed student enrolment is not a valid domestic enrolment if the enrolment has, or continuation of study has been, secured by way of an inducement.
5. To avoid doubt, a student remains a valid domestic enrolment if a student withdraws from a course after the withdrawal date and does not receive a full refund of fees and course costs (if fees and course costs apply).