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Appointment and dismissal of teachers of religious education |
| Appointment and dismissal of certain teachers at schools with a religious character. |
56. - (1) In this section-
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(a) subsections (2) to (6) apply to a foundation or voluntary controlled school which has a religious character; and |
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(b) subsection (7) applies (subject to subsection (8)) to a voluntary aided school which has a religious character; |
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and references in this Chapter to a school which has (or does not have) a religious character shall be construed in accordance with section 65(3).
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(2) Where the number of the teaching staff of a school to which this subsection applies is more than two, the teaching staff shall include persons who-
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(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 |
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(b) are specifically appointed to do so. |
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(3) The number of reserved teachers in such a school shall not exceed one-fifth of the number of the teaching staff, including the head teacher (and for this purpose, where the number of the teaching staff is not a multiple of five, it shall be treated as if it were the next higher multiple of five).
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(4) The head teacher of such a school shall not, while holding the post of head teacher of the school, be a reserved teacher.
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(5) Where the appropriate body propose to appoint a person to be a reserved teacher in such a school, that body-
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(a) shall consult the foundation governors, and |
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(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). |
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(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 may require the appropriate body to dismiss him from employment as a reserved teacher in the school.
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(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.
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(8) Subsection (7) does not apply-
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(a) where the school has a delegated budget, or |
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(b) to religious education in accordance with an agreed syllabus. |
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(9) In this section-
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"the appropriate body" means- |
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(a) in relation to a foundation school, the governing body, and
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(b) in relation to a voluntary controlled school, the local education authority;
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"reserved teacher", in relation to a foundation or voluntary controlled school, means a person employed at the school in pursuance of subsection (2). |
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Religious opinions etc. of staff |
| Staff at community, secular foundation or voluntary, or special school. |
57. - (1) This section applies to-
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(a) a community school or a community or foundation special school, or |
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(b) a foundation or voluntary school which does not have a religious character. |
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(2) No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship-
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(a) from being a teacher at the school, or |
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(b) from being employed for the purposes of the school otherwise than as a teacher. |
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(3) No teacher at the school shall be required to give religious education.
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(4) No teacher at the school shall receive any less remuneration or be deprived of, or disqualified for, any promotion or other advantage-
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(a) by reason of the fact that he does or does not give religious education, or |
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(b) by reason of his religious opinions or of his attending or omitting to attend religious worship. |
| Staff at foundation or voluntary school with religious character. |
58. - (1) This section applies to a foundation or voluntary school which has a religious character.
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(2) If the school is a foundation or voluntary controlled school, then (subject to subsection (3) below) section 57(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.
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(3) Section 57(2) to (4) shall not so apply in relation to a reserved teacher at the school; and instead subsection (4) below shall apply in relation to such a teacher as it applies in relation to a teacher at a voluntary aided school.
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(4) If the school is a voluntary aided school, no teacher at the school shall receive any less remuneration or be deprived of, or disqualified for, any promotion or other advantage-
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(a) by reason of the fact that he gives religious education, or |
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(b) by reason of his religious opinions or of his attending religious worship. |
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(5) 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 for the purposes of the school otherwise than as a teacher.
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(6) 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 Education 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.
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(7) 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 56(2).
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Discipline: general |
| Responsibility of governing body and head teacher for discipline. |
59. - (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.
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(2) In particular, the governing body-
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(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 |
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(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- |
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(i) shall notify him of those measures or matters, and
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(ii) may give him such guidance as they consider appropriate;
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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. |
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(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)-
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(a) the head teacher; and |
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(b) parents of registered pupils at the school. |
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(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-
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(a) promoting, among pupils, self-discipline and proper regard for authority; |
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(b) encouraging good behaviour and respect for others on the part of pupils; |
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(c) securing that the standard of behaviour of pupils is acceptable; and |
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(d) otherwise regulating the conduct of pupils. |
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(5) The head teacher shall, in determining such measures-
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(a) act in accordance with the current statement made by the governing body under subsection (2)(a); and |
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(b) have regard to any notification or guidance given to him under subsection (2)(b). |
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(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.
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(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-
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(a) he shall make the measures generally known within the school and to parents of registered pupils at the school; and |
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(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 at the school. |
| LEA's reserve power to prevent a breakdown of discipline. |
60. - (1) The local education authority may, in the circumstances mentioned in subsection (2), 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.
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(2) The circumstances are that-
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(a) in the opinion of the authority- |
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(i) the behaviour of registered pupils at the school, or
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(ii) any action taken by such pupils or their parents,
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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 |
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(b) the governing body have been informed in writing of the authority's opinion. |
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(3) Steps taken by a local education authority under subsection (1) may include the giving of any direction to the governing body or head teacher.
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