The Education (Special Educational Needs) (Approval of Independment Schools) Regulation 1991

Teaching staff

2.—(1) Subject to sub-paragraphs (2) to (5), there shall be appointed and employed a staff of teachers suitablew and sufficient in number for the purposes of securing the provision of education appropriate to the ages, abilities, aptitudes and special educational needs of the children at the school; and such staff shall include a head teacher.

(2) No person shall be appointed or employed in the capacity of a teacher or of a head teacher, or in a non-teaching capacity involving substantial contact with children, if employment of such person in any such capacity by a local education authority would be precluded by regulation 10 of the 1989 Regulations.

(3) No teacher shall be regarded as suitable for the purposes of sub-paragraph (1) unless—

(a) he is a person—

(i) falling within paragraph 1(1)(a) of Schedule 5 to the 1989 Regulations, or

(ii) who has received notification under paragraph 1(1)(b) or (c) of that Schedule that he is a qualified teacher, or

(iii) who has not received such notification but who is a person mentioned in paragraph 2(2)(e) of that Schedule; or

(b) subject to sub-paragraph (3)(d), (4) and (5), where he is teacher of hearing impaired children (otherwise that to give instruction in a craft, trade or domestic subject), he is either a qualified teacher as referred to in, or possesses a qualification for the time being approved under, regulation 15 of the 1989 Regulations; or

(c) subject to sub-paragraphs (3)(d), (4) and (5), where he is a teacher of visually impaired children (otherwise than to give instruction in a craft, trade or domestic subject), he is either a qualified teacher as referred to in, or possesses a qualification for the time being approved under, regulation 16 of the 1989 Regulations; or

(d) subject to sub-paragraphs (4) and (5), where he is a teacher of children who are both hearing impaired and visually impaired (otherwise than to give instruction in a craft, trade or domestic subject), he is either a qualified teacher as referred to in , or possesses a qualification for the time being approved under, regulation 17(1) of the 1989 Regulations.

(4) A person who possesses a qualification approved under regulation 15 or 16 of the 1989 Regulations shall be a qualified teacher for the purpose mentioned in paragraph 2(3)(d), notwithstanding that he does not possess a qualification approved for the purposes of that paragraph where the school is satisfied that no teacher with such a qualification is available to teach the children in question.

(5) A person may be appointed and employed at the school as a teacher of children who are—

(a) hearing impaired,

(b) visually impaired, or

(c) both hearing and visually impaired,

notwithstanding that he is not a qualified teacher as referred to in regulation 15, 16 or 17(1), as the case may be, of the 1989 Regulations, for the purpose of such appointment or employment, if his employers are satisfied that it is his intention to acquire a qualification approved by the Secretary of State under the said regulation 15, 16 or 17(1), as the case may be; provided, however, that the aggregate period for which he has been employed, in one or more schools, as the teacher of such children as are mentioned in paragraphs (a), (b) or (c) of this sub-paragraph, as the case may be, does not exceed three years.