Conditions – 2017
Conditions – 2017
These are the conditions specific to the Youth Guarantee (YG) Fund for 2017.
These are the conditions specific to the Youth Guarantee (YG) Fund for 2017.
See also the generic conditions that apply to the Youth Guarantee (YG) Fund, and all other on-Plan funds.
1. Organisation eligibility
(a) You must continue to be:
(i) an ITP
(ii) a wānanga
(iii) a PTE, or
(iv) a state school or state integrated school that has been funded by us since 2011.
(b) You must continue to be quality assured by:
(i) the NZQA, if you are an ITP, a wānanga or a PTE, or
(ii) the Education Review office, if you are a state or state-integrated school.
2. Single Data Return (SDR)
(a) You must:
(i) supply to us information about each student enrolled in a course by completing the fields in the SDR in accordance with the SDR Manual and its appendices, and
(ii) submit the information on or before the date we specify.
3. Confirmed student enrolments
(a) You must ensure that your SDR accurately records all “confirmed student enrolments”, meaning:
(i) if fees apply:
A. a student and your organisation have entered into an enrolment or tuition contract or arrangement and the student has paid or committed to pay his or her fees, and
B. 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
(ii) if fees do not apply:
A. the student and your organisation have entered into an enrolment or tuition contract or arrangement, and
B. the student has not Withdrawn from a course, programme or training scheme by the withdrawal date.
(b) You must provide information about each student who Withdraws from a course, programme or training scheme after becoming a confirmed student enrolment.
4. Withdrawal of enrolments
4.1 Withdrawal date for TEIs
(a) You may set a withdrawal date, being the specified period during which a student can Withdraw and receive a full refund of fees and course costs, provided that date is not earlier than the withdrawal date in paragraph (b).
(b) If you do not set a withdrawal date, the withdrawal date will be the date on which 10% or one month of the course for which a student is enrolled has passed, whichever is the smaller.
4.2 Withdrawal date for PTEs
(a) 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 section 234C to section 235D of the Education Act.
(b) If the duration of a programme or training scheme for which a student is enrolled is of three months or less duration, you must set a withdrawal date up to and including which a student is entitled to Withdraw and receive a full refund of fees and course costs. The withdrawal date must be no earlier than the date at which 10% of the programme or training scheme for which a student is enrolled has passed.
4.3 Reporting Withdrawals to the Ministry of Social Development (Studylink)
In addition to any other Conditions requiring you to report Withdrawals of enrolments, you must report the Withdrawal of students to the Ministry of Social Development (Studylink) within 5 working days of each Withdrawal. This is to enable student loans and student allowances to be cancelled as soon as possible.
4.4 Other obligations to report Withdrawals
For the avoidance of doubt, completing the SDR does not discharge your 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).
4.5 Refunding fees for Withdrawals
If fees are to be refunded to a student, you 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.
5. Use of YG Fund Funding for eligible students
5.1 Student eligibility
(a) You must ensure that a student enrolled in a Youth Guarantee provision programme for which YG Fund Funding is being used is a student who meets and continues to meet the following eligibility criteria:
(i) a Domestic Student, and
(ii) studying at least 50% of a full-time, full year enrolment, and
(iii) not also enrolled in a secondary school, unless the student is participating in Youth Guarantee provision for which the school is funded, and
(iv) is either:
A. aged 16 to 19 years (inclusive) at the time he or she commences the Youth Guarantee programme, or
B. 15 years of age at the time he or she commences the Youth Guarantee programme, and has an early leaving exemption from his or her school.
(b) You must not enrol a student in a Youth Guarantee provision programme if that student has already:
(i) achieved a qualification at Level 3 or above on the NZQF, or
(ii) received two EFTS worth of Youth Guarantee provision.
(c) You must give priority for Level 3 provision to students:
(i) with no or low (Level 1) prior achievement, and
(ii) who have completed a Level 1 or Level 2 qualification through a Youth Guarantee provision programme, and
(d) You must ensure that, in relation to all new enrolments, students who already hold a qualification at Level 1 or 2 on the NZQF do not comprise more than 10% of your enrolments at that level.
5.2 Verification of student eligibility
You must verify a student's eligibility for enrolment. For the following types of student, you must use one of the following verification methods:
Type of student
A New Zealand citizen:
a) confirm the student's citizenship status using the student’s NSN, or
b) receive an assertion through RealMe® that the student was born in New Zealand (prior to 2005), or
c) sight an original or certified copy of one or more of the following documents:
i) a New Zealand birth certificate, or
ii) a New Zealand passport, or
iii) a New Zealand certificate of citizenship, or
d) if a student is unable to obtain a birth certificate for the purposes of (c)(i) above, contact us to confirm that a whakapapa statement signed by both the student and a kaumātua is acceptable evidence of citizenship.
A New Zealand resident:
You must sight an original or certified copy of one or more of the following documents:
a) a passport with a current returning residency class visa (a passport with a visa label), or
b) a passport, and letter or email, confirming current returning residency class visa (label-less visa, followed by confirmation with Immigration New Zealand, where appropriate), or
c) a certificate of identity from Immigration New Zealand if the student is a refugee.
An Australian citizen or Australian permanent resident currently residing in New Zealand:
You must sight an original or certified copy of one or more of the following documents:
a) an Australian birth certificate issued before 20 August 1986, or
b) an Australian passport, or
c) a passport with a current Australian resident return visa.
A dependant of diplomatic personnel:
You must sight the original or certified copy of an authorised form from the Ministry of Foreign Affairs and Trade.
Other types of valid domestic enrolments:
You must ensure that a student is either:
a) an exchange student taking part in a New Zealand Government approved exchange programme at a TEO, or
b) an international student involved in postgraduate research.
For the purposes of this Condition, a certified copy is a photocopy or scanned copy that has been endorsed as a true copy of the original. To be certified, the document must:
(a) be certified by an official of the issuing authority or a person authorised by law in New Zealand to certify documents, such as a Justice of the Peace, a lawyer, or a court official (Court Registrar or Deputy Registrar), and
(b) have the official's signature on each page, with the name and title of the official shown clearly below his or her signature.
5.3 Verification of student identity
(a) You must verify the identity of each student enrolled in a programme or programmes of study or training EFTS by doing one or more of the following:
(i) confirming that all data fields match the student’s NSN, or
(ii) receiving an assertion through the Department of Internal Affairs’ RealMe® online identity verification service, or
(iii) sighting the original or certified copy of a current passport, or
(iv) sighting the original or certified copy of one or more of the following documents:
A. a birth certificate, or
B. a certificate of identity, or
C. a New Zealand certificate of citizenship, or
D. an expired passport that has not been cancelled.
(b) If a student is unable to obtain a birth certificate for the purposes of (a)(iv)(A) above, contacting us to confirm that a whakapapa statement signed by both the student and a kaumātua is acceptable evidence of identity.
(c) For the purposes of this Condition a certified copy is a photocopy or scanned copy that has been endorsed as a true copy of the original. To be certified, the document must:
(i) be certified by an official of the issuing authority or a person authorised by law in New Zealand to certify documents, such as a Justice of the Peace, a lawyer or a court official (Court Registrar or Deputy Registrar), and
(ii) have the official's signature on each page, with the name and title of the official shown clearly below his or her signature.
5.4 No inducing enrolment
(a) Even if a student meets the criteria specified in paragraph 5.1, the enrolment is not a valid enrolment if it has been secured by way of an inducement.
(b) For the purposes of this Condition, an inducement includes any of the following, where they induce a student to enrol:
(i) a financial benefit to the student, or
(ii) a personal advantage to the student, or
(iii) a physical item that a student retains possession of after the course of study or training has ended.
(c) For the purposes of this Condition, an inducement does not include:
(i) a scholarship, as defined below, or
(ii) a physical item that:
A. is essential for a student to complete the compulsory requirements of his or her programme of study (including printed course notes, an e-reader for course notes, course-related textbooks), and
B. cannot be returned and reused for students in subsequent intakes (for example, due to health and safety reasons; time-limited materials or materials that will be updated; or if it is not financially feasible), or
(iii) an item or arrangement that has been approved by us (for example, we may approve an item that has minimal residual value or useful life in the general marketplace, or items that are needed for a student’s pathway into the vocation for which study or training has been undertaken), or
(iv) the guarantee of a job placement on the successful completion of a programme of study, backed by a partial or total money-back guarantee, or
(v) a conditional offer of a partial refund (such as a refund for a timely or electronic enrolment).
(d) For the purposes of this Condition, a scholarship means:
(i) a merit scholarship (or prize) that comprises financial aid given to a student as a result of high academic achievement exceeding that of his or her fellow students or cohort, and/or
(ii) a needs scholarship that comprises financial aid given to a student who would otherwise be significantly disadvantaged in accessing education, where the need of the student has been demonstrated through a robust application and assessment process, and/or
(iii) any scholarship that:
A. has a clear, focused rationale for its existence, and
B. has a clearly identified philanthropic aim, or supports study in a particular area of importance to the donor.
5.5 Recognised prior learning
You must not seek YG Fund Funding for recognised prior learning credited to a student. To ensure that you are able to comply with this Condition, you must:
(a) ask a student to specify prior learning he or she has undertaken
(b) before admitting each student into the programme, review that information as it relates to each student, and
(c) retain documents that confirm that the student has demonstrated the required knowledge or skill, and
(d) if a course contains content or learning for which a student has previously been credited:
(i) calculate the EFTS factor of the units previously credited to the student, and subtract that factor from the standard course factor of the course in which the student is enrolled (“the revised EFTS factor figure”), and
(ii) submit the revised EFTS factor figure into the enrolment file of the SDR, in the “FACTOR” field in respect of the relevant student, and
(e) if a student requires further learning to complete a qualification, ensure that the student only completes a course that he or she has not yet passed.
Recognised prior learning does not include repeated learning undertaken that the applicable quality assurance body requires students to repeat periodically.
6. Programme eligibility
6.1 Youth Guarantee programmes
(a) You must only use YG Fund Funding for Youth Guarantee provision, in which eligible students are enrolled, that:
(i) leads to the award of a qualification of either:
A. NCEA at Level 1, 2 or 3, or
B. another National or New Zealand Certificate at Level 1, 2 or 3 on the NZQF, and
(ii) includes literacy and numeracy provision, and
(iii) comprises part of a recognised pathway (as determined by the NZQA) towards one or more vocational qualifications at Level 4 and above on the NZQF; and
(iv) leads to a Level 1, 2 or 3 NCEA qualification, is aligned to the Vocational Pathways, and
(v) is provided by tutors who are appropriately qualified.
(b) You must only use YG Fund Funding to deliver qualifications and courses that have been approved by us. To receive approval for a qualification, you must submit the relevant documents to us in accordance with the information on our website.
6.2 Making changes to qualifications
(a) Before making a minor change to a qualification, you must:
(i) obtain approval for the minor change from the relevant quality assurance body (if required), that is:
A. NZQA, if you are a PTE or REAP provider, or
B. NZQA or your Academic Board, if you are an ITP or a Wānanga, and
(ii) notify us of the change and provide the relevant information, and
(iii) obtain approval from us to update the course or qualification register.
(b) Before making a significant change to a qualification, you must:
(i) obtain approval from the relevant quality assurance body,
(ii) provide the relevant information to us (including evidence of approval from the quality assurance body) to enable us to determine whether or not to approve the change, and
(iii) obtain approval from us to make the significant change.
(c) For the purposes of this Condition:
(i) a "minor change" to a qualification is a change that does not change the size, level, core content, or EFTS value of the qualification, and
(ii) a "significant change" to a qualification is a change to:
A. the EFTS value of the qualification, or
B. the total number of credits in the qualification, or
C. the timeframe to complete the qualification, or
D. the level of the qualification in the NZQF, or
E. in relation to ITPs, wānanga and PTEs:
- the location or locations at which the qualification is delivered; or a change to the delivery mode of the qualification, or
- the number of courses that each student is expected to undertake to achieve the qualification, or
- pre-requisite requirements.
7. Literacy and Numeracy Assessment Tool
You must have in place an effective assessment process for identifying each learner’s initial literacy and numeracy needs and measure their progress using the most appropriate Literacy and Numeracy for Adults Assessment Tool (including Adult, Youth, Te Ata Hāpara and Starting Points).
(a) You must:
(i) not charge any tuition fees or compulsory course costs to a student
(ii) pay for the necessary equipment, infrastructure, and hardware required to deliver a particular programme, and
(iii) in relation to the provision of essential equipment, including computers, not require the costs to be met through the “course-related costs” component of the Student Loan Scheme.
(b) For the purposes of this Condition, "equipment, infrastructure, and hardware":
(i) means items that can be used by successive intakes of students, and
(ii) does not include personal items that are provided for individual students' use and that you do not retain for the next intake of students.
9. Flexible funding
If you meet the criteria to be a “qualifying TEO” described in paragraph 9.1 and meet the criteria for eligibility for additional funding described in paragraph 9.2, we will allocate you the additional funding described in paragraph 9.3.
9.1 Criteria to be a “qualifying TEO”
To be a “qualifying TEO”, you must:
(a) have a NZQA External Evaluation and Review (EER) rating of Category 1 or 2, and
(b) be approved by us to receive a minimum of $216,000 from the YG Fund
(c) have an average 2016 course completion rate of 55% or higher.
9.2 Additional funding
(a) If you are a qualifying TEO and the value of provision you actually deliver as measured in dollars (as determined by us), is greater than the value of your approved funding allocation, the additional funding available to be allocated is up to the following limits, either:
(i) 2% of your approved funding allocation, or
(ii) 10 EFTS
whichever is greater.
(b) For the purposes of this Condition, 10 EFTS of delivery is calculated using the average EFTS rate of your total actual delivery (funded and unfunded), as determined by us.
9.3 Availability of further funding
We may establish criteria to allocate funding above the additional funding limits described in paragraph 9.2, provided we have assessed whether we have sufficient funding available to provide funding above those limits.
10. Exceptional Circumstances Transport Assistance fund
The purpose of the Exceptional Circumstances Transport Assistance fund (ECTA Fund) (being a component of the YG Fund) is to provide additional transport assistance to students who live in relatively isolated areas who may have higher transport needs.
If you are allocated Funding from the ECTA Fund, you must:
(a) ensure that the transport assistance and ECTA Fund Funding is only used to pay for the actual cost of transport incurred by you or to each student to whom it is paid, and
(b) if a student incurs the cost of transport eligible for funding from the ECTA Fund, reimburse the student within a reasonable time after the student has incurred the cost, and
(c) keep records of your expenditure on transport assistance, including any expenditure from the ECTA Fund, and
(d) if you supply transport to students, keep records including:
(iii) a daily travel logbook that sets out the kilometres you have travelled in relation to each student, and
(iv) the source of funding for each student’s enrolment at your organisation (for example, whether the student is enrolled in a YG Fund funded programme or otherwise), and
(e) if transport assist funding, including ECTA Fund Funding, is paid directly to a student, keep records stating:
(i) the amounts paid to each student, and
(ii) the total amount that you reimbursed students for transport.
11. Minimum performance expectations
You must meet any minimum performance expectations specified by us, including any minimum performance standards specified in your Investment Plan.
You must not subcontract delivery of any programme without our approval.
13. Repayment of YG Fund Funding and ECTA Fund Funding
If you receive YG Fund Funding or ECTA Fund Funding that is greater than it should have been, or that you were not entitled to receive, you must treat the amount of the over-funding as a debt due to the Crown that:
(a) is repayable on demand, and
(b) may be set-off against all or any funding, or any sum of money payable by us to you.
14. Suspension or revocation of YG Fund Funding
If we suspend or revoke some or all of your YG Fund Funding under section 159YG of the Education Act before some or all of that funding has been used or contractually committed towards the purposes for which the funding was provided, you must treat the unexpended or uncommitted portion of the funding as debt due to the Crown that is:
(a) repayable on demand by us, and
(b) may be set-off against all or any funding, or any sum payable by us to you.