The Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994

Teaching staff

2.—(1) Subject to sub-paragraphs (2) to (4), there shall be appointed and employed a staff of teachers suitable and sufficient in number for the purpose of securing the provision of education appropriate to the ages, abilities, aptitudes and special educational needs of the children at the school; and the staff shall include a head teacher.

(2) No teacher shall be regarded as suitable for the purposes of sub-paragraph (1) unless—

(a) he is a person—

(i) falling within paragraph 1(1)(a) of Schedule 3 to the 1993 Teachers Regulations, or

(ii) who has received notification under paragraph 1(1)(b) of that Schedule that he is a qualified teacher, or

(b) subject to sub-paragraphs (2)(d), (3) and (4), where he is a teacher of hearing impaired children (otherwise than to give instruction in a craft, trade of domestic subject), he is either a qualified teacher as referred to in, or possesses a qualification for the time being approved under, regulation 14 of the 1993 Teachers Regulations; or

(c) subject to sub-paragraphs (2)(d), (3) and (4), where he is a teacher of visually impaired children (otherwise than to give instruction in a craft, trade or domestic subject), he is either a qualified teacher as referred to in, or possesses a qualification for the time being approved under, regulation 15 of the 1993 Teachers Regulations; or

(d) subject to sub-paragraphs (3) and (4), where he is a teacher of children who are both hearing impaired and visually impaired (otherwise than to give instruction in a craft, trade or domestic subject), he is either a qualified teacher as referred to in, or possesses a qualification for the time being approved under, regulation 16(1) of the 1993 Teachers Regulations.

(3) A person who possesses a qualification approved under regulation 14 of 15 of the 1993 Teachers Regulations shall be a qualified teacher for the purpose mentioned in paragraph 2(2)(d) notwithstanding that he does not possess a qualification approved for the purposes of that paragraph, where the school is satisified that no teacher with such a qualification is available to teach the children in question.

(4) A person may be appointed and employed at the school as a teacher of children who are—

(a) hearing impaired,

(b) visually impaired, or

(c) both hearing and visually impaired,

notwithstanding that he is not a qualified teacher as referred to in regulation 14, 15 or 16(1), as the case may be, of the 1993 Teachers Regulations for the purpose of such appointment or employment, if his employers are satisfied that it is his intention to acquire a qualification approved by the Secretary of State under the said regulation 14, 15 or 16(1), as the case may be: provided, however, that the aggregate period for which he has been employed, in one or more schools, as a teacher of such children as are mentioned in paragraphs (a), (b) or (c) of this sub-paragraph, as the case may be, does not exceed three years.