Schools belong in the OIA

For the past decade, successive governments have been chipping away at the Official Information Act, exempting agencies and passing secrecy clauses, reducing transparency and the accountability of officials. One of the results of this tide of secrecy has been increased demands for it, as agencies see other bodies protected from accountability and demand it for themselves. And now even school principals are demanding to be above the law:

A major education union is seeking legal advice in a bid to exempt state schools from the Official Information Act after an Auckland law student sent an onerous “system-wide” records request to nearly 2500 schools.

The Secondary Principals’ Association of New Zealand (Spanz) says a growing number of OIA requests are burdening stretched principals and tying up time and resources preparing responses that would otherwise go towards educating children.

This of course mischaracterises the Act as an onerous additional burden, rather than a core democratic requirement. Because that it is what it is. Its purposes include enabling people to participate in the administration of laws and policies, and promoting the accountability of public officials. And those purposes apply absolutely to schools. Looking at the criteria for OIA inclusion used by the Law Commission in their 2012 Review of the Official Information Act (p337), they are funded by central government, they are subject to Ministerial direction in various ways, the government controls and oversees their finances, and they serve a public purpose. The decisions they make are fundamentally public in nature, effectively being an exercise of state power. They clearly belong in the OIA regime.

Looking at the sorts of requests they get on FYI, there's broad surveys of policy (for example: do schools support queer kids at their school ball?), basic financial accountability, focused questions about policy and culture (there's a series at the moment asking how various toff schools appoint their prefects). Not seen so much on FYI, but ever-present: requests for the exact rules children are supposed to have broken, or the reasons why they have been punished.

The first sort of request is about participation: collect information, summarise the results, draw conclusions, and say "maybe this needs to change". The second sort is absolutely about accountability, about ensuring that decisions are lawful, reasonable, and justified, and being able to challenge them if they are not. You can understand why school principals would find this irritating. So do Ministers. But we don't let them declare themselves to be above the law, and neither should we allow school principals to.

Finally, as for the supposedly inappropriate request sent to all schools, SPANZ has this to say:

She wrote that Cunliffe’s request was not a simple exercise to establish how a particular school managed its records.

“It is a carefully designed, system-wide exercise intended to map legislative non-compliance across the school sector.

That seems like a clear public purpose, well-aligned with the purposes of the OIA. Exposing wrong-doing is what it is for! And if SPANZ sees that as a threat, the public is entitled to take that as an admission of guilt.