Education (No. 2) Act 1986

18 County, controlled and maintained special schools. E+W

(1) The articles of government for every county, controlled and maintained special school shall provide for it to be the duty of the governing body to consider—

(a) the policy of the local education authority as to the secular curriculum for the authority’s schools, as expressed in the statement made by the authority under section 17 of this Act;

(b) what, in their opinion, should be the aims of the secular curriculum for the school; and

(c) how (if at all) the authority’s policy with regard to matters other than sex education should in their opinion be modified in relation to the school;

and to make, and keep up to date, a written statement of their conclusions.

(2) The articles of government for every such school shall provide for it to be the duty of the governing body—

(a) to consider separately (while having regard to the local education authority’s statement under section 17 of this Act) the question whether sex education should form part of the secular curriculum for the school; and

(b) to make, and keep up to date, a separate written statement—

(i) of their policy with regard to the content and organisation of the relevant part of the curriculum; or

(ii) where they conclude that sex education should not form part of the secular curriculum, of that conclusion.

(3) The articles of government for every such school shall provide for it to be the duty of the governing body—

(a) when considering the matters mentioned in subsections (1) and (2) above, to do so in consultation with the head teacher and to have regard—

(i) to any representations which are made to them, with regard to any of those matters, by any persons connected with the community served by the school; and

(ii) to any such representations which are made to them by the chief officer of police and which are connected with his responsibilities;

(b) to consult the authority before making or varying any statement under subsection (1) above; . . . F1

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(5) The articles of government for every such school shall provide for the determination and organisation of the secular curriculum for the school to be the responsibility of the head teacher and for it to be his duty to secure that that curriculum is followed within the school.

(6) The articles of government for every such school shall provide for it to be the duty of the head teacher, in discharging his duties in relation to the secular curriculum for the school—

(a) to consider the statement of the local education authority under section 17 of this Act and those of the governing body under this section;

(b) to have regard—

(i) to any representations which are made to him, with regard to the determination or organisation of the secular curriculum, by any persons connected with the community served by the school; and

(ii) to any such representations which are made to him by the chief officer of police and which are connected with that officer’s responsibilities; and

(c) to ensure that that curriculum—

(i) so far as it relates to sex education, is compatible with the governing body’s policy (as expressed in their statement under subsection (2) above) except where that policy is incompatible with any part of the syllabus for a course which forms part of that curriculum and leads to a public examination;

(ii) so far as it relates to other matters, is compatible with the authority’s policy (as expressed in their statement) . . . F3 as modified by the governing body’s statement under subsection (1) above; and

(iii) is compatible with the enactments relating to education (including, in particular, those relating to children with special educational needs).

(7) The articles of government for every such school shall provide for the governing body to have power to review their conclusions about the matters mentioned in subsections (1) and (2) above whenever they think fit, and for it to be their duty to do so immediately following—

(a) the implementation of any proposal under—

(i) section 16 of the 1944 Act (transfer of schools to new sites);

(ii) section 12 or 13 of the 1980 Act (establishment, alteration and discontinuance of schools); or

(iii) section 15 of the 1980 Act (reduction of school places);

which materially affects the school; or

[F4 (b) the implementation of any proposal under section 183 of the Education Act 1993 (establishment, alteration and discontinuance of maintained special schools)]

(8) The article of government for every such school shall provide for it to be the duty of the governing body, where—

(a) they have completed such a review; and

(b) they consider it appropriate to make a fresh written statement of their conclusions;

to do so . . . F5 .

Textual Amendments

F1 Word “and” and s. 18(3)(c) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II

F2 Ss. 17(4), 18(4), 19(3), 20 repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II

F3 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1)(2), Sch. 12 para. 99, Sch. 13 Pt. II

F4 S. 18(7)(b) substituted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para.94; S.I. 1994/507, art. 4, Sch.2

F5 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II

Modifications etc. (not altering text)

C1 S. 18 modified (1.9.1994) by 1993 c. 35, s. 241(6); S.I. 1994/2038, art. 3, Sch.2

C2 s. 18(1)(2)(3)(5)(6)(b)(c)(i)(7) modified (1.9.1994) by S.I. 1994/2103, reg. 2, Sch. 1 Pt. I para. 2(1)Table