EDUCATION, ENGLAND Citation, commencement and application 1 1 These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001 and shall come into force on 1st September 2001. 2 These Regulations shall apply in relation to England. Revocations 2 The Regulations specified in Schedule 1 to these Regulations are hereby revoked. Interpretation 3 1 In these Regulations— “the 1996 Act ” means the Education Act 1996 ; “the 1998 Act ” means the School Standards and Framework Act 1998 ; “appeal body” means the appeal body under regulation 6; “appropriate body” means the appropriate body under regulation 5; “ 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; “governing body” in relation to a sixth form college has the same meaning as in section 90(1) of the Further and Higher Education Act 1992 ; “graduate teacher” means a person employed in a school in accordance with Part II of Schedule 2 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 ; “head teacher” includes the principal of a sixth form college; “induction period” means an induction period required by these Regulations; “institution” means a relevant school, an independent school or a sixth form college in which an induction period may be served under these Regulations, as the context requires; “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 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 ; “registered teacher” means a person employed in a school in accordance with Part II of Schedule 2 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999; “relevant school” has the same meaning as in section 19(10)(b) of the Teaching and Higher Education Act 1998; “school session” has the same meaning as in regulations 3 and 4 of the Education (School Day and School Year) (England) Regulations 1999 ; “school term” includes a term of a sixth form college; “school year” includes the academic year of a sixth form college; “sixth form college” means a further education institution principally concerned with the provision of full-time education suitable to the requirements of persons who have not attained the age of 19 years; “special school” has the same meaning as in section 337(1) of the 1996 Act; “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 . 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 4 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 5 For the purpose of these Regulations— a the appropriate body in relation to 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) is the authority maintaining 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; c the appropriate body in relation to an independent school is— i an authority, or ii such persons or body as the Secretary of State may determine, which persons or body shall include as a member a representative of an authority; and d the appropriate body in relation to a sixth form college is an authority. Appeal body 6 1 In these Regulations “appeal body” means— a in relation to an appeal against a decision of the appropriate body falling within regulation 16(3)(b) or (c) where the induction period ends on or before 30th June 2001, the Secretary of State; and b in all other cases, the General Teaching Council for England. 2 In paragraph (1) “induction period” includes an induction period which has been extended following its completion in accordance with regulation 16(3)(b), regulation 19(3)(c) or regulation 19(4)(c) so that the period as extended ends on or before 30th June 2001. Requirement to serve an induction period 7 Subject to the exceptions in Schedule 2, no person shall be employed on or after 1st September 2001 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 or sixth form college to which regulation 8(1) refers. Schools in which an induction period may be served 8 1 Subject to sub-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; or c in the circumstances prescribed in paragraph (4) a sixth form college. 2 An induction period may not be served in— a a school in respect of which the circumstances described in section 15(6)(a) to (c) of the 1998 Act apply, unless— i the person in question began his induction period or was employed as a graduate teacher or a registered teacher at the school at a time when such circumstances did not apply, or ii one of Her Majesty’s Inspectors of Schools in England has certified in writing that he is satisfied that the school is fit for the purpose of providing induction supervision and training; or b a pupil referral unit. 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); and c in all cases, before the start of the induction period the proprietor of the school and either an authority or the persons or body determined by the Secretary of State under regulation 5(c) have agreed that the authority or the persons or body, as the case may be, shall act as the appropriate body in relation to the school. 4 A person may serve an induction period in a sixth form college where— a before the start of the induction period, or b in the case of an induction period starting before 1st November 2000, before 1st November 2000, the governing body of the college and an authority have agreed that the authority shall act as the appropriate body in relation to the college. 5 In this regulation, “induction period” includes a part of an induction period. Length of an induction period 9 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, a sixth form college or in 2 or more such institutions at which a school year consists of 3 school terms, 3 school terms; b in the case of an induction period served wholly in a school, a sixth form college or in 2 or more such institutions at which the school year consists of 4 school terms, 4 school terms; c in the case of an induction period served wholly in a school, a sixth form college or in 2 or more such institutions at which the school year consists of 5 school terms, 5 school terms; and d in all other cases, 1 year. 2 The length of an induction period for a person in part-time service as a teacher in a school, or in 2 or more schools 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 The length of an induction period for a person in part-time service as a teacher in a sixth form college, in 2 or more sixth form colleges or in a combination of 1 or more schools and sixth form colleges 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 189 working days falling in term time. 4 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), (2) or (3) (as the case may be) discounting periods of employment which do not count towards an induction period under regulation 10; and b any extended period under regulation 11. 5 Where a person serving an induction period is employed in 2 or more schools simultaneously, the length of his induction period shall be determined in accordance with regulation 9(2). 6 Where a person serving an induction period is employed in 2 or more sixth form colleges simultaneously or in a combination of 1 or more schools or sixth form colleges simultaneously, the length of his induction served shall be determined in accordance with regulation 9(3). Periods of employment counting towards an induction period 10 1 Subject to paragraph (3) any period of employment on or after 1st September 1999 as a qualified teacher in a school to which regulation 8(1) applies of not less than 1 school term in duration counts towards an induction period. 2 Subject to paragraph (3) any period of employment on or after 1st September 2000 as a qualified teacher in a sixth form college to which regulation 8(1) applies of not less than 1 term in duration counts towards an induction period. 3 No period of engagement as a supply teacher counts towards an induction period unless the head teacher of the school or sixth form college so agrees before the start of such period. 4 Except as provided for in paragraphs (1) or (2) no period of employment as a teacher counts towards an induction period. Extension of an induction period before completion 11 1 Subject to paragraph (2) where a person serving an induction period is absent from work for an aggregate period of 30 or more working days falling in term time 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 regulation 7(1) of the Maternity and Parental Leave etc Regulations 1999 unless she so chooses. 3 Where 5 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 9(1); or b in the case of a teacher in part-time service by a period not exceeding the period specified in regulation 9(2) or (3). 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 12 Except as provided for in regulations 16 or 19, no person may serve more than one induction period. Supervision and training during the induction period 13 1 The head teacher of a school or sixth form college in which a person serves an induction period and the appropriate body in relation to that school or sixth form college 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. Responsibility for an induction period served by a teacher employed in two or more institutions simultaneously 14 1 Where a person serving an induction period is employed in two or more institutions simultaneously, the head teachers of all the institutions shall agree which of them shall act as the lead head teacher. 2 The lead head teacher shall be solely responsible for carrying out the functions of the head teacher specified in regulations 13 and 16(2). 3 The appropriate body in relation to the lead head teacher’s school or sixth form college shall be solely responsible for carrying out the functions of the appropriate body specified in regulations 11(3), 13 and 16. Standards for determining whether a person has satisfactorily completed an induction period 15 The Secretary of State may determine the standards against which persons who have completed an induction period shall be assessed for the purpose of deciding whether they have satisfactorily completed their induction period, and he may determine different standards in relation to different categories of persons. Completion of an induction period 16 1 This regulation applies where a person has completed an induction period. 2 The head teacher of the school or sixth form college at which he is employed at the completion of his induction period shall not later than the end of the period of 10 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 15, 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 15 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 3 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 or sixth form college 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 the General Teaching Council for England, and v the Department for Education and Skills; 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. 6 Notice under paragraph (5) may be given to a person by facsimile, electronic mail or other similar means which are capable of producing a document containing the text of the communication, and a notice sent by such a method shall be regarded as given when it is received in legible form. Extension of an induction period pursuant to a decision of the appropriate body or appeal body 17 Regulations 8, 10 to 16, 18 and 19 and Schedule 3 apply in relation to a person serving an induction period extended following its completion by a decision of the appropriate body under regulation 16 or of the appeal body under regulation 19. Termination of employment following failure to complete an induction period satisfactorily 18 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 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 no later than the end of the period of 10 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 the paragraph 2(1) of Schedule 3 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 10 working days beginning with the date on which the employer received written 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 19 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 3 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 for such period as it thinks fit. Other functions of the appropriate body 20 The appropriate body may provide— a guidance, support and assistance to schools and sixth form colleges; and b training for teachers in connection with providing induction training, supervision and assessment under these Regulations. Charges 21 An appropriate body in relation to an independent school or sixth form college may make a reasonable charge not exceeding the cost of provision of the service to the governing body of a school or sixth form college for which it is the appropriate body in connection with any of its functions under these Regulations. Guidance given by the Secretary of State 22 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. Grants for education and training 23 References to “eligible expenditure” in section 484 of the 1996 Act includes expenditure incurred by an authority in respect of their functions under these Regulations. Stephen Timms Minister of State, Department for Education and Skills 10th August 2001