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High Court throws early childhood sector a lifeline An early childhood centre under threat of enforced closure because it didn't have a qualified teacher has been given a fresh chance by the High Court - a decision with wide ramifications for the sector. The tiny Kawhia Preschool, on the remote west coast of the North Island, south of Otorohanga, has been unable to obtain qualified teachers and faced closure by the Ministry of Education. Last month it sought a ruling from the Hamilton High Court that the ministry was acting unreasonably and unlawfully in trying to cancel its licence. Justice Young ruled the Secretary of Education was obliged to issue a licence to an early childhood centre that was unable to comply with new stringent staffing and qualification requirements but was likely to do so within 12 months. Following the judge's ruling, the government moved quickly to formalise it. Regulatory changes, effective from January, mean that provisional licences may now be extended to a maximum period of 12 months, subject to strict criteria, and at the discretion of the Secretary for Education, Education Minister Trevor Mallard announced earlier his month. The new regulations will require all ECE centres to have a 'person responsible' holding a Diploma of Teaching ECE and Teachers' Council registration on duty during opening hours. Sue Thorne, chief executive officer of the Early Childhood Council, said up to 400 centres around New Zealand were at risk of not being able to comply in time and more than 1200 people currently designated 'person responsible' would lose that position. The court decision could prevent the ministry from permanently closing early childhood centres that could not recruit staff with the new qualifications, she said. Kawhia Educational Trust employed a competent, experienced and qualified primary teacher at the pre-school centre which had gained good ERO reviews under her management. "It is ludicrous that up to 60 percent of new primary school graduates are unemployed, while preschools have a staffing crisis - short by some 2500 staff," said Mrs Thorne. "We believe that this directive by the High Court to the Ministry of Education should give early childhood centres in hard-to-staff regions some breathing space. "Unfortunately it does not change the flawed essence of the Minister's policy which enforces more restrictive staffing practices, despite it being well-known that the Ministry of Education did not first ensure a sufficient supply of staff with the new qualifications in all regions." The government
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