Section 37 of the NZ Education Act: Specialist Education Agreements for Homeschoolers

Most families who homeschool in New Zealand do so under Section 38 of the Education and Training Act 2020 — the standard Certificate of Exemption. But there is a second provision that is far less discussed and often unknown to families who might benefit from it: Section 37, which provides for Specialist Education Agreements.

If your child has complex learning needs — significant physical disability, intellectual disability, or conditions that make mainstream school genuinely difficult to access — Section 37 may be relevant to your situation. Understanding how it differs from the Section 38 pathway matters before you decide which route to take.

What Section 37 Covers

Section 37 of the ETA 2020 allows the Secretary for Education to enter into an agreement with a parent or guardian for the education of a child whose needs cannot be adequately met by a registered school. The provision exists specifically for children with significant learning or physical needs — not as a general alternative to Section 38.

The key distinction: Section 38 is a parental exemption from compulsory enrolment based on the parent's undertaking to educate the child at home. Section 37 is a formal agreement between the parent and the Secretary of Education that is framed around the child's specific needs and what specialist provision will be made.

In practice, Section 37 agreements often involve:

• A negotiated educational programme tailored to the child's needs
• Input from the Ministry of Education's specialist services
• A written agreement that specifies what the education will include and how it will be delivered
• Some cases where the Ministry contributes resourcing or support beyond what is available to standard exemption holders

Who This Pathway Is For

Section 37 is not a shortcut to easier home education. It is a pathway designed for children for whom school enrolment — even with supports — is not a realistic option. This might include:

• Children with severe or complex physical disabilities who cannot safely access a school environment
• Children with intellectual disabilities whose needs exceed what any local school can provide
• Children with conditions that require highly specialised educational approaches not available through mainstream or special school placements

If your child has a diagnosis or identified special need but could, with appropriate support, attend school — Section 37 is unlikely to be the right pathway. In those situations, you would normally pursue the Section 38 standard exemption and design your home programme around your child's needs, or explore specialist school placement.

The line between "complex needs that Section 37 addresses" and "needs that can be met with a good Section 38 programme" is not always obvious. Families in this position typically benefit from getting advice from NCHENZ (the NZ Home Education Network) or a specialist education adviser before applying.

How Section 37 Differs Practically from Section 38

The greater Ministry involvement under Section 37 is both its strength and its limitation. Families who need specialist input or resourcing may find Section 37 gives them access to support they could not otherwise get. Families who want full autonomy over their child's education will generally find Section 38 a better fit.

The Old Act Reference Problem

Like most aspects of NZ home education law, Section 37 under the ETA 2020 replaces provisions that existed under different section numbers in the Education Act 1989. If you are reading older resources — community forums, old Ministry guidance, pre-2020 advocacy material — the section numbers will not match. The Education Act 1989 is repealed. The ETA 2020 is the current law.

Section 37 in the ETA 2020 is a new section number for a provision that has analogues in the old Act, but the language and mechanism have been updated. Do not rely on pre-2020 guidance about this pathway without checking it against the current Act.

Which Pathway Is Right for Your Family

For most homeschooling families — including those whose children have learning differences, diagnoses, or special needs — Section 38 is the correct and more straightforward pathway. The standard exemption gives you full autonomy over your educational approach, is widely understood by the Ministry, and does not require the Ministry's ongoing involvement in your programme.

Section 37 is the right question to ask when:

• Your child's needs are so significant that a standard educational plan cannot address them without specialist agreement and resourcing
• You have already explored Section 38 and found it insufficient for your situation
• You are working with specialist education advisers who have identified Section 37 as appropriate

If you are withdrawing a child from school — for any reason, including complex needs — the starting point is the Section 38 exemption process. The New Zealand Legal Withdrawal Blueprint covers the complete withdrawal and exemption process, including how to communicate your child's needs in the application and how to respond if the Ministry asks follow-up questions about your educational plan.

See more New Zealand homeschool guides →