School Standards and Framework Act 1998

Chapter VE+W Staffing and conduct of schools

Staffing of schoolsE+W

F154 Staffing of community, voluntary controlled and community special schools.E+W

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F155 Staffing of foundation, voluntary aided and foundation special schools.E+W

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F156 Staffing for non-school activities.E+W

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F157 Payments in respect of dismissal, etc.E+W

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Appointment and dismissal of teachers of religious educationE+W

58 Appointment and dismissal of certain teachers at schools with a religious character.E+W

(1)In this section—

(a)subsections (2) to (6) apply to a foundation or voluntary controlled school which has a religious character; and

(b)subsection (7) applies (subject to subsection (8)) to a voluntary aided school which has a religious character;

and references in this Chapter to a school which has (or does not have) a religious character shall be construed in accordance with section 69(3).

(2)Where the number of [F2teachers at] a school to which this subsection applies is more than two, [F3the 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.

(3)The number of reserved teachers in such a school shall not exceed one-fifth of [F4the total number of teachers], including the head teacher (and for this purpose, where [F4the total number of teachers] is not a multiple of five, it shall be treated as if it were the next higher multiple of five).

(4)The head teacher of such a school shall not, [F5while he remains] head teacher of the school, be a reserved teacher.

(5)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).

(6)If the foundation governors of such a school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they [F6may—

(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.]

(7)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 local education 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.

(9)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 education authority;

• “reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed [F7or engaged] at the school in pursuance of subsection (2).

Religious opinions etc. of staffE+W

59 Staff at community, secular foundation or voluntary, or special school.E+W

(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.

(2)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 [F8or engaged] for the purposes of the school otherwise than as a teacher.

(3)No teacher at the school shall be required to give religious education.

(4)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, or

(b)by reason of his religious opinions or of his attending or omitting to attend religious worship.

60 Staff at foundation or voluntary school with religious character.E+W

(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) 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 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; and

(b)regard may be had, in connection with the termination of the employment [F9or 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)If the school is a voluntary aided school, no person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being employed [F10or engaged] for the purposes of the school otherwise than as a teacher.

(7)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: generalE+W

61 Responsibility of governing body and head teacher for discipline.E+W

[F11(1)The governing body of a maintained school shall ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.

(2)In particular, the governing body—

(a)shall make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under subsection (4); and

(b)where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—

(i)shall notify him of those measures or matters, and

(ii)may give him such guidance as they consider appropriate;

and in exercising their functions under this subsection the governing body shall have regard to any guidance given from time to time by the Secretary of State.

(3)Before making or revising the statement required by subsection (2)(a) the governing body shall consult (in such manner as appears to them to be appropriate)—

(a)the head teacher; and

(b)parents of registered pupils at the school.

(4)The head teacher shall determine measures (which may include the making of rules and provision for enforcing them) to be taken with a view to—

(a)promoting, among pupils, self-discipline and proper regard for authority;

(b)encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils;

(c)securing that the standard of behaviour of pupils is acceptable; and

(d)otherwise regulating the conduct of pupils.

(5)The head teacher shall in determining such measures—

(a)act in accordance with the current statement made by the governing body under subsection (2)(a); and

(b)have regard to any notification or guidance given to him under subsection (2)(b).

(6)The standard of behaviour which is to be regarded as acceptable at the school shall be determined by the head teacher, so far as it is not determined by the governing body.

(7)The measures determined by the head teacher under subsection (4) shall be publicised by him in the form of a written document as follows—

(a)he shall make the measures generally known within the school and to parents of registered pupils at the school; and

(b)he shall in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons employed, or otherwise engaged to provide their services, at the school.

[F12(8)In this section “maintained school” includes a maintained nursery school.]]

62 LEA’s reserve power to prevent a breakdown of discipline.E+W

(1)The local education authority may, in the circumstances mentioned in subsection (2) or where [F13subsection (2A) or (3)] applies, take such steps in relation to a maintained school as they consider are required to prevent the breakdown, or continuing breakdown, of discipline at the school.

(2)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.

[F14(2A)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.]

(3)This subsection applies where [F15in the case of school in Wales]—

(a)a warning notice has been given in accordance with section 15(2) 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 either or both of sections 16 and 17);

and a notice under paragraph (c) of this subsection may be combined with a notice under section 15(1)(c).

(4)Steps taken by a local education authority under subsection (1) may include the giving of any direction to the governing body or head teacher.

[F16(5)In this section “maintained school” includes a maintained nursery school.]

School attendance targetsE+W

63 School attendance targets.E+W

(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 F17... 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 F18... 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.

[F19(3A)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;

• F20...

Exclusion of pupilsE+W

F2164 Power of head teacher to exclude pupils.E+W

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F2165 Exclusion of pupils: duty to inform parents, etc.E+W

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F2166Functions of governing body in relation to excluded pupils.E+W

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F2167Appeals against exclusion of pupils.E+W

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F2168Exclusion of pupils: guidance.E+W

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