Part II New framework for maintained schools
Chapter V Staffing and conduct of schools
Staffing of schools
F754 Staffing of community, voluntary controlled and community special schools.
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F755 Staffing of foundation, voluntary aided and foundation special schools.
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F756 Staffing for non-school activities.
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F757 Payments in respect of dismissal, etc.
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Appointment and dismissal of teachers of religious education F35etc
58 Appointment and dismissal of certain teachers at schools with a religious character F36: England.
1
In this section—
a
subsections (2) to (6) apply to a foundation or voluntary controlled school F29in England which has a religious character; and
b
subsection (7) applies (subject to subsection (8)) to a voluntary aided school F30in England which has a religious character;
C12
Where the number of F8teachers at a school to which this subsection applies is more than two, F9the teachers shall include persons who—
a
are selected for their fitness and competence to give such religious education as is required in accordance with arrangements under paragraph 3(3) of Schedule 19 (arrangements for religious education in accordance with the school’s trust deed or with the tenets of the school’s specified religion or religious denomination), and
b
are specifically appointed to do so.
C13
F184
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C15
Where the appropriate body propose to appoint a person to be a reserved teacher in such a school, that body—
a
shall consult the foundation governors, and
b
shall not so appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (2)(a).
C16
If the foundation governors of such a school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they F11may—
a
in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and
b
in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement.
C27
If a teacher appointed to give religious education in a school to which this subsection applies fails to give such education efficiently and suitably, he may be dismissed on that ground by the governing body without the consent of the F21local authority.
8
Subsection (7) does not apply—
a
where the school has a delegated budget, or
b
to religious education in accordance with an agreed syllabus.
C19
In this section—
“the appropriate body” means—
- a
in relation to a foundation school, the governing body, and
- b
in relation to a voluntary controlled school, the F21local authority;
- a
“reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed F12or engaged at the school in pursuance of subsection (2).
58AF34Appointment and dismissal of certain teachers at schools with a religious character: Wales
1
In this section—
a
subsections (3) to (7) apply to a foundation or voluntary controlled school in Wales that has a religious character, and
b
subsections (8) and (9) apply (subject to subsection (10)) to a voluntary aided school in Wales that has a religious character.
2
References in this Chapter to a school which has (or does not have) a religious character are to be construed, in relation to a school in Wales, in accordance with section 68A(1).
3
Where the number of teachers at a school to which this subsection applies is more than two, the teachers must include persons (“reserved teachers”) who—
a
are selected for their fitness and competence to provide teaching and learning within subsection (11), and
b
are specifically appointed to provide that teaching and learning.
4
The number of reserved teachers at a school must not exceed one fifth of the total number of teachers, including the head teacher; and for this purpose where the total number of teachers is not a multiple of five, it is to be treated as if it were the next higher multiple of five.
5
Where the appropriate body propose to appoint a person as a reserved teacher in a school, that body—
a
must consult the foundation governors, and
b
must not appoint that person unless the foundation governors are satisfied as to the person’s fitness and competence to provide teaching and learning within subsection (11).
6
Subsection (7) applies if the foundation governors of a school to which subsection (3) applies consider that a person appointed as a reserved teacher at the school has failed to provide teaching and learning within subsection (11) efficiently and suitably.
7
The foundation governors may—
a
in the case of a teacher who is an employee, require the appropriate body to dismiss the teacher from employment as a teacher appointed under subsection (3);
b
in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate that engagement.
8
Subsection (9) applies if a teacher appointed to provide teaching and learning within subsection (11), in a school to which this subsection applies, fails to provide that teaching and learning efficiently and suitably.
9
The teacher may be dismissed by the governing body, without the consent of the local authority, on the ground of failure to provide the teaching and learning efficiently and suitably.
10
Subsection (9) does not apply where the school has a delegated budget.
11
Teaching and learning within this section is teaching and learning in Religion, Values and Ethics that accords with—
a
any provisions of the school’s trust deed that relate to teaching and learning in Religion, Values and Ethics, or
b
if there are no such provisions, the tenets of the religion or religious denomination specified in relation to the school under section 68A.
12
In this section—
“the appropriate body” means—
- a
in relation to a foundation school, the governing body, and
- b
in relation to a voluntary controlled school, the local authority;
- a
“Religion, Values and Ethics” has the same meaning as in the Curriculum and Assessment (Wales) Act 2021.
Religious opinions etc. of staff
C359 Staff at community, secular foundation or voluntary, or special school.
1
This section applies to—
a
a community school or a community or foundation special school, or
b
a foundation or voluntary school which does not have a religious character.
C4C142
No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship—
a
from being a teacher at the school, or
b
from being employed F13or engaged for the purposes of the school otherwise than as a teacher.
C4C143
No teacher at the school shall be required to give religious education F31(in the case of a school in England) or to provide teaching and learning in Religion, Values and Ethics (in the case of a school in Wales).
C4C144
No teacher at the school shall receive any less remuneration or be deprived of, or disqualified for, any promotion or other advantage—
a
by reason of the fact that he does or does not give religious education F32or (as the case may be) provide teaching and learning in Religion, Values and Ethics, or
b
by reason of his religious opinions or of his attending or omitting to attend religious worship.
C560 Staff at foundation or voluntary school with religious character.
1
This section applies to a foundation or voluntary school which has a religious character.
2
If the school is a foundation or voluntary controlled school, then (subject to subsections (3) and (4) below) section 59(2) to (4) shall apply to the school as they apply to a foundation or voluntary controlled school which does not have a religious character.
3
Section 59(2) to (4) shall not so apply in relation to a reserved teacher at the school; and instead subsection (5) below shall apply in relation to such a teacher as it applies in relation to a teacher at a voluntary aided school.
4
In connection with the appointment of a person to be head teacher of the school (whether foundation or voluntary controlled) F19in a case where the head teacher is not to be a reserved teacher regard may be had to that person’s ability and fitness to preserve and develop the religious character of the school.
5
If the school is a voluntary aided school—
a
preference may be given, in connection with the appointment, remuneration or promotion of teachers at the school, to persons—
i
whose religious opinions are in accordance with the tenets of the religion or religious denomination specified in relation to the school under F26section 68A or section 69(4), or
ii
who attend religious worship in accordance with those tenets, or
iii
who give, or are willing to give, religious education at the school in accordance with those tenets F33(in the case of a school in England) or to provide teaching and learning in Religion, Values and Ethics in accordance with those tenets (in the case of a school in Wales); and
b
regard may be had, in connection with the termination of the employment F14or engagement of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified.
6
C157
Where immediately before the appointed day a teacher at a school which on that day becomes a school to which this section applies enjoyed, by virtue of section 304 or 305 of the M1Education Act 1996 (religious opinions of staff etc.), any rights not conferred on him by this section as a teacher at a school to which it applies, he shall continue to enjoy those rights (in addition to those conferred by this section) until he ceases to be employed as a teacher at the school.
8
In this section “reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed at the school in pursuance of section 58(2).
Discipline: general
F2261 Responsibility of governing body and head teacher for discipline.
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C7C1662F21Local authority’s reserve power to prevent a breakdown of discipline.
C8C10C121
C8C10C122
The circumstances are that—
a
in the opinion of the authority—
i
the behaviour of registered pupils at the school, or
ii
any action taken by such pupils or their parents,
is such that the education of any registered pupils at the school is (or is likely in the immediate future to become) severely prejudiced; and
b
the governing body have been informed in writing of the authority’s opinion.
F172A
This subsection applies where, in the case of a school in England—
a
a warning notice has been given in accordance with section 60(2) of the Education and Inspections Act 2006 (“the 2006 Act”) referring to the safety of pupils or staff at the school being threatened by a breakdown of discipline at the school,
b
the governing body have failed to comply, or secure compliance, with the notice to the authority's satisfaction within the compliance period, and
c
the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under subsection (1) of this section (whether or not in conjunction with exercising their powers under any one or more of sections 63 to 66 of the 2006 Act);
and a notice under paragraph (c) of this subsection may be combined with a notice under section 60(2) of the 2006 Act.
F253
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C9C11C134
Steps taken by a F21local authority under subsection (1) may include the giving of any direction to the governing body or head teacher.
F65
In this section “maintained school” includes a maintained nursery school.
School attendance targets
C663 School attendance targets.
1
Regulations may make provision for and in connection with—
a
requiring, or
b
enabling the Secretary of State to require,
governing bodies of maintained schools to secure that annual targets are set for reducing the level of F2... absences on the part of relevant day pupils at their schools.
2
Regulations under this section may, in particular, make provision—
a
for the Secretary of State to impose such a requirement on the governing body of a maintained school where—
i
the specified condition is for the time being satisfied in relation to the school, and
ii
he considers it appropriate to impose the requirement;
b
for such a requirement to be imposed by the Secretary of State in such manner, and for such period, as may be specified in or determined in accordance with the regulations;
c
for the Secretary of State, where he considers it appropriate to do so, to exempt the governing body of a maintained school, in relation to any school year, from a requirement imposed by virtue of subsection (1)(a) or (b).
3
For the purposes of subsection (2)(a)(i) the specified condition is for the time being satisfied in relation to a maintained school if in the previous school year the level of F3... absences on the part of relevant day pupils at the school (as determined in accordance with the regulations) exceeded such level as may for that year be specified in or determined in accordance with the regulations.
F43A
Provision made by regulations under this section may relate to—
a
absences which are authorised pursuant to regulations under section 434 of the Education Act 1996, or
b
absences which are not so authorised, or
c
both.
4
In this section—
“relevant day pupil” means a pupil registered at a maintained school who is of compulsory school age and is not a boarder;
F5...
Exclusion of pupils
F164 Power of head teacher to exclude pupils.
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F165 Exclusion of pupils: duty to inform parents, etc.
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F166Functions of governing body in relation to excluded pupils.
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F167Appeals against exclusion of pupils.
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F168Exclusion of pupils: guidance.
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Word in s. 58 cross-heading inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 4(2)