Statutory Instrument 1999 No. 1065
The Education (Induction Arrangements for School Teachers) (England) Regulations 1999
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1999 No. 1065
EDUCATION, ENGLAND AND WALES
The Education (Induction Arrangements for School Teachers) (England) Regulations 1999
| | Made | 31st March 1999 | |
| | Laid before Parliament | 6th April 1999 | |
| | Coming into force | 7th May 1999 | |
ARRANGEMENT OF REGULATIONS
| 1. | Citation, commencement and application |
| 6. | Requirement to serve an induction period |
| 7. | Schools in which an induction period may be served |
| 8. | Length of an induction period |
| 9. | Periods of employment counting towards an induction period |
| 10. | Extension of an induction period before completion |
| 11. | Service of more than one induction period |
| 12. | Supervision and training during the induction period |
| 13. | Standards for determining whether a person has satisfactorily completed an induction period |
| 14. | Completion of induction period |
| 15. | Extension of an induction period pursuant to a decision of the appropriate body or appeal body |
| 16. | Termination of employment following failure to complete an induction period satisfactorily |
| 18. | Other functions of the appropriate body |
| 20. | Guidance given by the Secretary of State |
| 21. | Education Standards Grants |
SCHEDULES
| | Schedule 1: | Cases in which a person may be employed as a teacher in a relevant school without having satisfactorily completed an induction period. |
| | Schedule 2: | | Procedure for appeal against a decision of the appropriate body. |
| | | 2. Time for and manner of making an appeal |
| | 4. Additional documents, amendment and withdrawal of the appeal |
| | 5. Acknowledgement and notification of the appeal |
| | 6. Request for further material |
| | 7. Reply by the appropriate body |
| | 9. Additional documents, amendment and withdrawal of the reply |
| | 10. Acknowledgement and notification of the reply |
| | 11. Power to decide the appeal without a hearing |
| | 13. Fixing a date for the hearing |
| | 14. Action by the appellant and the appropriate body on receiving notice of the hearing |
| | 15. Alteration of place or time of the hearing |
| | 16. Procedure at the hearing |
| | 17. Decision of the appeal body |
In exercise of the powers conferred on the Secretary of State by sections 19 and 42(6) and (7) of the Teaching and Higher Education Act 1998[1] the Secretary of State for Education and Employment hereby makes the following Regulations:
Citation, commencement and application 1. - (1) These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (England) Regulations 1999 and shall come into force on 7th May 1999.
(2) These Regulations apply in relation to school teachers in England.
Interpretation 2. - (1) In these Regulations-
"the 1996 Act" means the Education Act 1996[2];
"the 1998 Act" means the School Standards and Framework Act 1998[3];
"appeal body" means the appeal body under regulation 5;
"appropriate body" means the appropriate body under regulation 4;
"authority" means a local education authority;
"core subject" means a subject referred to in section 354(1) of the 1996 Act;
"foundation subject" means a subject referred to in section 354(1) or (2) of the 1996 Act;
"induction period" means an induction period required by these Regulations;
"key stage" has the same meaning as in section 355(1) of the 1996 Act;
"non-maintained special school" means a special school which is neither a maintained special school, a grant-maintained special school, a community special school nor a foundation special school;
"qualified teacher" has the same meaning as in section 218(2) of the Education Reform Act 1988[4];
"school day" means any day on which at that school there is a school session;
"school session" has the same meaning as in regulation 10 of the Education (Schools and Further Education) Regulations 1981[5];
"special school" has the same meaning as in section 337(1) of the 1996 Act[6];
"supply teacher" means a teacher employed wholly or mainly for the purpose of supervising or teaching pupils whose regular teacher is not available to teach them; and
"working day" means any day other than a Saturday, a Sunday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971[7].
(2) Any reference in these Regulations to-
(a) a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations;
(b) a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference appears; and
(c) a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in the paragraph in which the reference appears.
Breach of time limits
3.Failure by any person to discharge any duty within a time limit specified in these Regulations shall not relieve him of that duty.
Appropriate body
4.For the purposes of these Regulations-
(a) the appropriate body in relation to-
(i) a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school (in each case within the meaning of the 1998 Act), and
(ii) a county, voluntary, maintained nursery, maintained special, grant-maintained, or grant-maintained special school (in each case within the meaning of the 1996 Act[8]), is the authority maintaining[9] it;
(b) the appropriate body in relation to a non-maintained special school is the authority for the area in which the school is situated; and
(c) the appropriate body in relation to an independent school is-
(i) where the authority for the area in which the school is situated and the proprietor of the school both agree, that authority, or
(ii) in any other case, such body as the Secretary of State shall determine, which body shall include as a member a representative of an authority.
Appeal body
5.In these Regulations, "appeal body" means the Secretary of State.
Requirement to serve an induction period
6.Subject to the exceptions in Schedule 1, no person shall be employed on or after 1st September 1999 as a teacher at a relevant school unless he has satisfactorily completed an induction period in accordance with the following provisions of these Regulations in a school to which regulation 7(1) refers.
Schools in which an induction period may be served
7. - (1) Subject to paragraph (2) an induction period may only be served in-
(a) a relevant school in England; or
(b) in the circumstances prescribed in paragraph (3) an independent school in England.
(2) An induction period may not be served in-
(3) The circumstances in which a person may serve an induction period in an independent school are-
(a) in the case of a person who is employed to teach pupils at the third or fourth key stage, the curriculum of the school for pupils at those key stages includes all the core and other foundation subjects specified in relation to the third and fourth key stages in section 354(2) of the 1996 Act which such person is employed to teach; and
(b) in all cases, the curriculum for all registered pupils at the first and second key stages meets the requirements of section 353 of the 1996 Act (the National Curriculum), other than the requirements of paragraph (c) of that section (assessment arrangements).
(4) In this regulation, "induction period" includes a part of an induction period.
Length of an induction period
8. - (1) The length of an induction period for a person in full-time service as a teacher is-
(a) in the case of an induction period served wholly in a school or schools at which a school year consists of three school terms, three school terms;
(b) in the case of an induction period served wholly in a school or schools at which the school year consists of four school terms, four school terms;
(c) in the case of an induction period served wholly in a school or schools at which the school year consists of five school terms, five school terms; and
(d) in all other cases, one year.
(2) The length of an induction period for a person in part-time service as a teacher is the period of time it would take in accordance with his contract of employment or the terms of his engagement for him to complete 378 school sessions.
(3) A person has completed an induction period for the purposes of these Regulations when he has served-
(a) an induction period of the length specified in paragraph (1) or (2) (as the case may be) discounting periods of employment which do not count towards an induction period under regulation 9; and
(b) any extended period under regulation 10.
Periods of employment counting towards an induction period
9. - (1) Subject to paragraph (2) any period of employment on or after 1st September 1999 as a qualified teacher in a school to which regulation 7(1) applies of not less than one school term in duration counts towards an induction period.
(2) No period of engagement as a supply teacher counts towards an induction period unless the head teacher of the school so agrees before the start of such period.
(3) Except as provided for in paragraph (1) no period of employment as a teacher counts towards an induction period.
Extension of an induction period before completion
10. - (1) Subject to paragraph (2) where a person serving an induction period is absent from work for an aggregate period of thirty or more school days in an induction period, his induction period shall be extended by the aggregate period of his absences.
(2) Paragraph (1) does not apply where a person is absent from work by reason of the maternity leave period specified in section 73 of the Employment Rights Act 1996[10] unless she so chooses.
(3) Where five or more years have passed since a person started his induction period, and that person has not completed his induction period, he may with the agreement of the appropriate body choose to extend his induction period-
(a) in the case of a teacher in full-time service by a period not exceeding the appropriate period specified in regulation 8(1); or
(b) in the case of a teacher in part-time service by a period not exceeding the period specified in regulation 8(2).
(4) Except as provided for in this regulation an induction period may not be extended before its completion.
Service of more than one induction period
11.Except as provided for in regulation 14 or 17, no person may serve more than one induction period.
Supervision and training during the induction period
12. - (1) The head teacher of a school in which a person serves an induction period and the appropriate body in relation to that school shall be responsible for his supervision and training during the induction period.
(2) The duties assigned to a person serving an induction period, his supervision and the conditions under which he works shall be such as to facilitate a fair and effective assessment of his conduct and efficiency as a teacher.
Standards for determining whether a person has satisfactorily completed an induction period
13.The Secretary of State may determine the standards against which a person who has completed an induction period shall be assessed for the purpose of deciding whether he has satisfactorily completed his induction period.
Completion of an induction period
14. - (1) This regulation applies where a person has completed an induction period.
(2) The head teacher of the school at which he is employed at the completion of his induction period shall not later than the end of the period of ten working days beginning with the date on which he completed his induction period-
(a) make a written recommendation to the appropriate body as to whether he has achieved the standards mentioned in regulation 13, and
(b) at the same time send a copy of such recommendation to him.
(3) The appropriate body shall not later than the end of the period of 20 working days beginning with the date on which it received the head teacher's recommendation under paragraph (2) decide whether he-
(a) has achieved the standards mentioned in regulation 13 and has accordingly satisfactorily completed his induction period; or
(b) should have his induction period extended by such period as it determines; or
(c) has failed satisfactorily to complete his induction period.
(4) Before making a decision under paragraph (3) the appropriate body shall have regard to any written representations received from the person in question no later than the end of the period of 10 working days beginning with the date on which it received the head-teacher's recommendation under paragraph (2).
(5) The appropriate body shall not later than the end of the period of three working days beginning with the date on which it made a decision under paragraph (3)-
(a) give written notice of its decision to-
(i) him,
(ii) the head teacher of the school at which he was employed at the completion of his induction period,
(iii) if he is not employed by the appropriate body, his employer,
(iv) on and after the date of their establishment, the General Teaching Council for England, and
(v) the Department for Education and Employment; and
(b) if the appropriate body made a decision falling within paragraph (3)(b) or (c), give him written notice of-
(i) his right to appeal against the decision,
(ii) the name and address of the appeal body, and
(iii) the time period for making an appeal.
Extension of an induction period pursuant to a decision of the appropriate body or appeal body
15.Regulations 7, 9 to 14, 16 and 17 and Schedule 2 apply in relation to a person serving an induction period extended following its completion by a decision of the appropriate body under regulation 14 or of the appeal body under regulation 17.
Termination of employment following failure to complete an induction period satisfactorily
16. - (1) This paragraph applies to a person employed as a teacher at a relevant school who has failed satisfactorily to complete his induction period.
(2) The employer of a person to whom paragraph (1) applies shall secure the termination of his employment as a teacher if-
(a) he does not appeal to the appeal body against the decision of the appropriate body; or
(b) his appeal to the appeal body is dismissed.
(3) An employer shall take the steps necessary to secure the termination of a person's employment in the circumstances mentioned in paragraph (2)(a) so that the termination takes effect not later than the end of the period of ten working days beginning with the date on which-
(a) the employer received written notification from such person that he did not intend to appeal to the appeal body; or
(b) the time limit for appeal imposed by paragraph 2(1) of Schedule 2 expired.
(4) The employer shall take the steps necessary to secure the termination of a person's employment in the circumstances mentioned in paragraph (2)(b) so that the termination takes effect not later than the end of the period of ten working days beginning with the date on which the employer received notice of the outcome of the appeal hearing.
(5) The employer of a person-
(a) to whom paragraph (1) applies, and
(b) who appeals to the appeal body against the decision of the appropriate body, is not obliged to secure the termination of such person's employment as a teacher pending the outcome of that appeal provided such employer secures that the person only undertakes such limited teaching duties as the Secretary of State may determine.
Appeals
17. - (1) Where the appropriate body decides that a person-
(a) should have his induction period extended; or
(b) has failed satisfactorily to complete his induction period, that person may appeal to the appeal body against the decision.
(2) Schedule 2 has effect in relation to appeals under this regulation.
(3) Where a person appeals against a decision that he should have his induction period extended, the appeal body may-
(a) allow the appeal;
(b) dismiss the appeal; or
(c) substitute a different period of extension.
(4) Where a person appeals against a decision that he has failed satisfactorily to complete his induction period, the appeal body may-
(a) allow the appeal;
(b) dismiss the appeal; or
(c) extend the induction period for such period as it thinks fit.
Other functions of the appropriate body
18.The appropriate body may provide-
(a) guidance, support and assistance to schools; and
(b) training for teachers, in connection with providing induction training, supervision and assessment under these Regulations.
Charges
19.An appropriate body in relation to an independent school may make a reasonable charge (not exceeding the cost of provision of the service) to the governing body of a school for which it is the appropriate body in connection with any of is functions under these Regulations.
Guidance given by the Secretary of State
20.A person or body exercising a function under these Regulations shall have regard to any guidance given by the Secretary of State from time to time as to the exercise of that function.
Education Standards Grants
21.References to "eligible expenditure" in section 484 of the 1996 Act[11] (education standards grants) include expenditure incurred by an authority in respect of their functions under these Regulations.
Estelle Morris
Minister of State, Department for Education and Employment
31st March 1999
Notes:[1] 1998 c. 30; for the meaning of "prescribed" and "regulations" see section 43(1).back
[2] 1996 c. 56.back
[3] 1998 c. 31.back
[4] 1988 c. 40. The Regulations currently in force under this provision are the Education (Teachers) Regulations 1993 (S.I. 1993/543); the relevant amending instrument is S.I. 1997/2679.back
[5] S.I. 1981/1086; Regulation 10 was amended by S.I. 1987/879, 1990/2259 and 1998/2792.back
[6] Section 337(1) is prospectively amended by paragraph 80 of Schedule 30 to the School Standards and Framework Act 1998.back
[7] 1971 c. 80.back
[8] "county school" is defined in section 31(1); "voluntary school" is defined in section 31(2); "grant-maintained school" is defined in section 183(1); "grant-maintained special school" is defined in sections 337(4) and 346(2); and "maintained nursery school" is defined in sections 6(1) and 33(1).back
[9] The Schools Standards and Framework Act 1998 (Modification) Regulations 1998 (S.I. 1998/2670) oblige authorities to maintain grant-maintained and grant-maintained special schools from 1st April 1999.back
[10] 1996 c.18.back
[11] Section 484 is amended by paragraph 125 of Schedule 30 to the School Standards and Framework Act 1998.back
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