PART II continued CHAPTER VI continued
(2) The complement shall include—
(a) all full-time teaching posts, and
(b) all part-time teaching posts which are to be filled by persons whose only employment with the authority will be at the school.
(3) The complement shall not include any staff employed by the authority solely in connection with either or both of the following—
(a) the provision of meals;
(b) the supervision of pupils at midday.
(4) Schedule 13 has effect in relation to the staffing of county, controlled, special agreement and maintained special schools.
(5) The appointment and dismissal of staff (including teachers) at a county, controlled, special agreement or maintained special school shall be under the control of the local education authority, subject to—
(a) any provision made by the articles of government for the school in accordance with Schedule 13,
(b) section 135 and any provision made by the articles of government in accordance with that section (appointment and dismissal of clerk to governing body),
(c) sections 143 and 144 (appointment and dismissal of teachers of religious education), and
(d) in the case of a school for which there is a temporary governing body, Schedule 19 (conduct and staffing of new schools).
(6) This section is subject to section 136 (staffing of county, controlled and special agreement schools with delegated budgets).
(1) In the case of an aided school the functions of the local education authority and of the governing body with respect to—
(a) the appointment of teachers, and
(b) subject to section 145 (dismissal of teachers of religious education), the dismissal of teachers,
shall be regulated by the articles of government.
(2) The articles of government shall make provision—
(a) for the appointment of the teachers by the governing body, and
(b) for enabling the local education authority to determine the number of teachers to be employed.
(3) The articles of government shall make provision for enabling the local education authority—
(a) to prohibit the dismissal of teachers without the authority’s consent, except for reasons for which under section 145 the governing body may dismiss a teacher without the authority’s consent; and
(b) to require the dismissal of any teacher.
(4) The articles of government may make such provision as may be agreed between the local education authority and the governing body or, in default of such agreement, as may be determined by the Secretary of State, for enabling the authority—
(a) to prohibit the appointment, without the authority’s consent, of teachers to be employed for giving secular education; and
(b) to give directions as to the educational qualifications of the teachers to be employed for giving secular education.
(5) The local education authority may give directions to the governing body of an aided school as to the number and conditions of service of persons employed at the school for the purposes of the care and maintenance of the school premises.
(6) Where the trust deed relating to the school provides for a person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement under section 151) the use of those premises is or would be under the control of any such person, the reference in subsection (5) to the governing body shall be read as a reference to that person.
(7) This section is subject to section 137 (staffing of aided schools with delegated budgets).
(1) The articles of government for a county or maintained special school shall provide for the clerk to the governing body to be appointed by the local education authority in accordance with arrangements determined by them in consultation with the governing body.
(2) The clerk to the governing body of a controlled or special agreement school shall be appointed—
(a) where the articles of government make provision in relation to his appointment, in accordance with that provision, or
(b) where paragraph (a) does not apply, by the local education authority in accordance with arrangements determined by them in consultation with the governing body.
(3) Arrangements determined in respect of a school by virtue of subsection (1) or under subsection (2)(b) may be varied by the authority in consultation with the governing body.
(4) The articles of government for a county or maintained special school shall require the local education authority not to dismiss the clerk except in accordance with arrangements determined by them in consultation with the governing body.
(5) The clerk to the governing body of a controlled or special agreement school may not be dismissed except—
(a) where the articles of government make provision in relation to his dismissal, in accordance with that provision, or
(b) where paragraph (a) does not apply, in accordance with arrangements determined by the local education authority in consultation with the governing body.
(6) The articles of government for a county, controlled, special agreement or maintained special school shall require the local education authority to consider any representations made to them by the governing body as to the dismissal of their clerk.
(7) Subsections (1) to (6) are subject to section 136 (staffing of county, controlled, and special agreement schools with delegated budgets).
(8) The articles of government for a county, controlled, special agreement or maintained special school shall enable the governing body, where the clerk fails to attend a meeting of theirs, to appoint one of their number to act as clerk for the purposes of that meeting (but without prejudice to his position as a governor).
(1) This section applies to a county, controlled or special agreement school at any time when it has a delegated budget.
(2) None of the following shall apply in relation to the school—
(a) section 133 and Schedule 13,
(b) section 135(1) to (6), and
(c) any provision made by the articles of government for the school in accordance with Schedule 13 or section 135(1) to (6).
(3) Instead Schedule 14 has effect in relation to the staffing of the school, subject, however, to the provisions of sections 143 and 144 (appointment and dismissal of teachers of religious education).
(1) This section applies to an aided school at any time when it has a delegated budget.
(2) None of the following shall apply in relation to the school—
(a) any provision of the articles of government for the school conferring any functions on a local education authority with respect to the number, appointment or dismissal of teachers or other staff to be employed at the school (including any such provision which is required by section 134), and
(b) section 134(5).
(3) If, apart from any provision of the articles of government excluded by subsection (2)(a) they would not otherwise have power to do so, the governing body may appoint, suspend and dismiss staff as they think fit.
(4) Subsection (3) has effect subject to any provision of the articles of government (other than one excluded by subsection (2)(a)).
(5) The governing body shall, on dismissing any member of the staff of the school employed by them, notify the local education authority in writing of the reasons for the dismissal.
(6) Paragraphs 23 to 28 of Schedule 14 apply in relation to the dismissal or withdrawal from the school of any member of the staff who is employed by the local education authority as they apply in relation to the dismissal or withdrawal from a county, controlled or special agreement school which has a delegated budget of a person employed to work at the school.
(1) Subsection (2) applies if, in the case of an aided school which has a delegated budget—
(a) the governing body of the school have agreed with the local education authority to accord to the authority’s chief education officer advisory rights in relation to the appointment or dismissal of teachers at the school, or
(b) in default of such agreement, the Secretary of State has determined that it would be appropriate that such advisory rights should be accorded to the chief education officer.
(2) During any period when the agreement or determination under subsection (1) is effective, the chief education officer, or an officer of the authority nominated by him, shall be entitled to attend all relevant proceedings of the governing body for the purpose of giving advice to the governing body.
For this purpose “relevant proceedings” means proceedings (including interviews) relating to any action to which the advisory rights accorded to the chief education officer extend.
(3) Advisory rights accorded by an agreement or determination under subsection (1) may relate to the appointment or dismissal, or both to the appointment and to the dismissal, either—
(a) of head teachers and deputy head teachers alone, or
(b) of all teachers at the school.
(4) The agreement of a governing body for the purposes of subsection (1)(a) must be given in writing and may only be withdrawn by notice in writing to the local education authority.
(5) A determination by the Secretary of State for the purposes of subsection (1)(b) may be withdrawn at any time (without prejudice to a further determination for those purposes).
(1) This section applies to a county or voluntary school at any time when it has a delegated budget.
(2) It shall be for the governing body to determine—
(a) whether any payment should be made by the local education authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school, and
(b) the amount of any such payment.
(3) Subsection (2) does not, however, apply in relation to a payment which the authority are required to make—
(a) by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned, or
(b) under any statutory provision.
(4) The local education authority—
(a) shall take such steps as may be required for giving effect to any determination of the governing body under subsection (2), and
(b) shall not make, or agree to make, a payment in relation to which that subsection applies except in accordance with such a determination.
(5) Costs incurred by the local education authority in respect of the dismissal or premature retirement, or for the purpose of securing the resignation, of any member of the staff of the school shall not be met from the school’s budget share for any financial year except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.
(6) The fact that the authority have a policy precluding dismissal of their employees by reason of redundancy is not to be regarded as a good reason for the purposes of subsection (5).
(7) In subsection (6) the reference to dismissal by reason of redundancy shall be read in accordance with section 139 of the [1996 c. 18.] Employment Rights Act 1996.
(1) This section applies to a county or voluntary school which has a delegated budget and is a community school.
(2) For the purposes of this section a school is a “community school” if—
(a) activities other than school activities (“non-school activities”) are carried on on the school premises, and
(b) all non-school activities which are so carried on are carried on under the management or control of the school’s governing body.
(3) A scheme such as is mentioned in section 101(1) may provide for applying sections 136(2), 137(6) and 139 and Schedule 14 in relation to persons employed to work—
(a) partly for the purposes of school activities and partly for the purposes of non-school activities carried on on the premises of a school to which this section applies, or
(b) solely for the purposes of non-school activities so carried on,
as if all activities so carried on were school activities.
(1) Within the period of five years beginning with the date on which begins the financial year in which a county or voluntary school first has a delegated budget under a scheme, the local education authority shall amend the school’s articles of government in accordance with this section.
(2) If the school is a county, controlled or special agreement school, the articles of government shall be amended so as to include a statement—
(a) specifying the provisions made by the articles in accordance with Schedule 13 or section 135(1) to (6), and
(b) indicating that those provisions are superseded by section 136 and Schedule 14 during any period when the school has a delegated budget.
(3) If the school is an aided school the articles of government shall be amended so as to include a statement—
(a) specifying the provisions of the articles which are within section 137(2)(a), and
(b) indicating that those provisions are superseded by sections 137 and 138 during any period when the school has a delegated budget.
(4) An amendment under this section shall be made by order under section 127; but section 128 shall not apply in relation to an order made under section 127 by virtue of this section.
Section 120(4) confers power on the Secretary of State to make in any of the following, namely—
(a) sections 136 to 141,
(b) Schedule 14, and
(c) paragraphs 2 and 18 to 24 of Schedule 19,
amendments appearing to him to be required in consequence of any provision made in regulations under section 120(1) (application of schemes to maintained special schools).
(1) Where the number of the teaching staff of a controlled school is more than two, the teaching staff 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 section 377(2) (arrangements for religious education in accordance with the school’s trust deed or with the practice observed before the school became a controlled school), and
(b) are specifically appointed to do so.
(2) In this Chapter “reserved teacher”, in relation to a controlled school, means a person employed at the school in pursuance of subsection (1).
(3) The number of reserved teachers in a controlled 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).
(4) The head teacher of a controlled school shall not, while holding the post of head teacher of such a school, be a reserved teacher.
(5) Where the local education authority propose to appoint a person to be a reserved teacher in a controlled school, the authority—
(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 (1)(a).
(6) If the foundation governors of a controlled school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they may require the local education authority to dismiss him from employment as a reserved teacher in the school.
(7) In subsection (5) “foundation governor” includes a temporary foundation governor.
(1) In this Chapter “reserved teacher”, in relation to a special agreement school, means a person who in pursuance of provision made in the special agreement is employed to give religious education—
(a) in accordance with any provisions of the trust deed relating to the school, or
(b) (where provision for that purpose is not made by any such deed) in accordance with the practice observed in the school before it became a voluntary school.
(2) Where the special agreement made with respect to a special agreement school provides for the employment of reserved teachers and the local education authority propose to appoint a person to be a reserved teacher in the school, the authority—
(a) shall consult the foundation governors, and
(b) shall not 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 (1).
(3) If the foundation governors of a special agreement school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they may require the local education authority to dismiss him from employment as a reserved teacher in the school.
(4) In subsection (2) “foundation governor” includes a temporary foundation governor.
If a teacher appointed to give religious education in an aided school (other than education in accordance with an agreed syllabus) 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.
(1) 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 in a county school or from being a teacher (other than a reserved teacher) in a controlled or special agreement school, or
(b) from being employed (otherwise than as a teacher) for the purposes of a county or voluntary school.
(2) No teacher in a county school, and no teacher (other than a reserved teacher) in a controlled or special agreement school, shall be required to give religious education.
(3) No teacher in a county school, and no teacher (other than a reserved teacher) in a controlled or special agreement school, shall receive any less emolument 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.
(4) No teacher in an aided school, and no reserved teacher in a controlled or special agreement school, shall receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage—
(a) by reason of the fact that he gives religious education, or
(b) by reason of his religious opinions or of his attending religious worship.
(1) In the case of a county, controlled or maintained special school—
(a) the articles of government shall require the local education authority to determine the dates when the school terms and holidays are to begin and end; and
(b) the governing body shall determine the times of the school sessions.
(2) In the case of an aided or a special agreement school the articles of government shall require the governing body to determine—
(a) the dates and times when the school terms and holidays are to begin and end, and
(b) the times of the school sessions.
(3) In this section and section 148 “the times of the school sessions” means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.
(1) Where the governing body of a county, controlled or maintained special school propose to make any change in the times of the school sessions, they shall—
(a) before taking any of the actions mentioned in paragraphs (b) to (h), consult the local education authority and the head teacher;
(b) prepare a statement—
(i) indicating that they propose to make a change in those times,
(ii) specifying the proposed change and when they propose that it should take effect,
(iii) drawing attention to any comment on the proposal included as an annex to the statement by virtue of paragraph (c) and including such response to the comment as they may consider appropriate, and
(iv) giving details of the date, time and place of the meeting which they are required to hold by virtue of paragraph (f);
(c) if so required by the local education authority, include as an annex to that statement such written comment on the proposal as the authority may provide for that purpose;
(d) produce that statement and any annex in such language or languages (in addition to English), if any, as they consider appropriate or as the local education authority may direct;
(e) take such steps as are reasonably practicable to secure—
(i) that the parents of all registered pupils at the school are given (free of charge) a copy of the statement and any annex not less than two weeks before the meeting which the governing body are required to hold by virtue of paragraph (f), and
(ii) that copies of the statement and any annex are available for inspection (at all reasonable times and free of charge) at the school during the two-week period immediately preceding that meeting;
(f) provide an opportunity for discussion of the proposal at a meeting which is open to —
(i) all parents of registered pupils at the school,
(ii) the head teacher, and
(iii) such other persons as the governing body may invite;
(g) consider any comments made at the meeting on the proposal before determining whether any change in those times should be made and (if so) whether the proposal should be implemented with or without any modification; and
(h) not less than three months before any change in those times is to take effect—
(i) inform the local education authority of the change and of when it is to take effect, and
(ii) take such steps as are reasonably practicable to secure that the parents of all registered pupils at the school are so informed.
(2) No change in the times of a school session shall be made under this section so as to take effect otherwise than at the beginning of a school year.
(3) The proceedings at any meeting required to be held by virtue of subsection (1)(f) shall be under the control of the governing body.
(4) Any question whether any person is to be treated for the purposes of this section as the parent of a registered pupil at the school shall be determined by the local education authority.
(5) Section 147(3) applies for the purposes of this section.
(1) The articles of government for every county and maintained special school shall provide—
(a) for the use of the school premises outside school hours to be under the control of the governing body except to the extent provided by any transfer of control agreement into which they may enter by virtue of paragraph (c);
(b) for the governing body in exercising control of the use of the school premises outside school hours—
(i) to comply with any directions given to them by the local education authority by virtue of this sub-paragraph; and
(ii) to have regard to the desirability of the premises being made available for community use;
(c) for the governing body to have power to enter into a transfer of control agreement if their purpose, or one of their purposes, in doing so is to promote community use of the school premises outside school hours; and
(d) for the governing body, where they enter into a transfer of control agreement, to secure so far as reasonably practicable that the controlling body exercises control in accordance with any directions given to the governing body by virtue of paragraph (b)(i).
(2) A transfer of control agreement shall be taken to include the following terms, namely—
(a) that the governing body shall notify the controlling body of any directions given to the governing body by virtue of subsection (1)(b)(i);
(b) that the controlling body, in exercising control of the use of any premises subject to the agreement—
(i) shall do so in accordance with any directions from time to time notified to that body in pursuance of paragraph (a) above; and
(ii) shall have regard to the desirability of the premises being made available for community use outside school hours; and
(c) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—
(i) the use of the specified premises at those times shall be under the control of the governing body, and
(ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,
even though their use at those times would, apart from this paragraph, be under the control of the controlling body.
(3) Subsection (4) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.
(4) In such a case paragraph (c) of subsection (2) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.
(5) In this section—
“community use” means the use of school premises (when not required by or in connection with the school) by members of the local community;
“the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
“school hours” means any time during a school session or during a break between sessions on the same day, and “outside school hours” shall be construed accordingly;
“school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with sections 147 and 148; and
“transfer of control agreement” means an agreement which (subject to subsection (2) above) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times outside school hours as may be so specified, of such body or person as may be so specified.
(1) The occupation and use of the premises of a voluntary school shall be under the control of the governing body, subject to—
(a) any directions given by the local education authority under subsection (2) (in the case of a controlled school) or section 152(3) (in the case of an aided or special agreement school);
(b) any transfer of control agreement entered into by the governing body under section 151; and
(c) any requirements of an enactment other than this Act or regulations made under it.
(2) The local education authority may give such directions as to the occupation and use of the premises of a controlled school as they think fit, subject to section 152(1) and (2).
(3) Where the trust deed for a voluntary school provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement made under section 151) the use of those premises is or would be under the control of such a person—
(a) this section, and
(b) sections 151 and 152,
shall have effect in relation to the school with the substitution of references to that person for references to the governing body.
(1) Subject to subsection (2), the governing body of any voluntary school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and—
(a) they may do so even though the trust deed for the school would, apart from this subsection, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but
(b) they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by the trust deed as would apply if control were being exercised by the governing body.
(2) The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the local education authority’s consent to the agreement in so far as it makes such provision.