Part II New framework for maintained schools
Chapter V Staffing and conduct of schools
Appointment and dismissal of teachers of religious education F13etc
58 Appointment and dismissal of certain teachers at schools with a religious character F14: England.
1
In this section—
a
subsections (2) to (6) apply to a foundation or voluntary controlled school F10in England which has a religious character; and
b
subsection (7) applies (subject to subsection (8)) to a voluntary aided school F11in England which has a religious character;
C12
Where the number of F1teachers at a school to which this subsection applies is more than two, F2the teachers 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 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
b
are specifically appointed to do so.
C13
F64
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C15
Where the appropriate body propose to appoint a person to be a reserved teacher in such a school, that body—
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 (2)(a).
C16
If the foundation governors of such a school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they F4may—
a
in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and
b
in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement.
C27
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 F7local authority.
8
Subsection (7) does not apply—
a
where the school has a delegated budget, or
b
to religious education in accordance with an agreed syllabus.
C19
In this section—
“the appropriate body” means—
- a
in relation to a foundation school, the governing body, and
- b
in relation to a voluntary controlled school, the F7local authority;
- a
“reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed F5or engaged at the school in pursuance of subsection (2).
58AF12Appointment and dismissal of certain teachers at schools with a religious character: Wales
1
In this section—
a
subsections (3) to (7) apply to a foundation or voluntary controlled school in Wales that has a religious character, and
b
subsections (8) and (9) apply (subject to subsection (10)) to a voluntary aided school in Wales that has a religious character.
2
References in this Chapter to a school which has (or does not have) a religious character are to be construed, in relation to a school in Wales, in accordance with section 68A(1).
3
Where the number of teachers at a school to which this subsection applies is more than two, the teachers must include persons (“reserved teachers”) who—
a
are selected for their fitness and competence to provide teaching and learning within subsection (11), and
b
are specifically appointed to provide that teaching and learning.
4
The number of reserved teachers at a school must not exceed one fifth of the total number of teachers, including the head teacher; and for this purpose where the total number of teachers is not a multiple of five, it is to be treated as if it were the next higher multiple of five.
5
Where the appropriate body propose to appoint a person as a reserved teacher in a school, that body—
a
must consult the foundation governors, and
b
must not appoint that person unless the foundation governors are satisfied as to the person’s fitness and competence to provide teaching and learning within subsection (11).
6
Subsection (7) applies if the foundation governors of a school to which subsection (3) applies consider that a person appointed as a reserved teacher at the school has failed to provide teaching and learning within subsection (11) efficiently and suitably.
7
The foundation governors may—
a
in the case of a teacher who is an employee, require the appropriate body to dismiss the teacher from employment as a teacher appointed under subsection (3);
b
in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate that engagement.
8
Subsection (9) applies if a teacher appointed to provide teaching and learning within subsection (11), in a school to which this subsection applies, fails to provide that teaching and learning efficiently and suitably.
9
The teacher may be dismissed by the governing body, without the consent of the local authority, on the ground of failure to provide the teaching and learning efficiently and suitably.
10
Subsection (9) does not apply where the school has a delegated budget.
11
Teaching and learning within this section is teaching and learning in Religion, Values and Ethics that accords with—
a
any provisions of the school’s trust deed that relate to teaching and learning in Religion, Values and Ethics, or
b
if there are no such provisions, the tenets of the religion or religious denomination specified in relation to the school under section 68A.
12
In this section—
“the appropriate body” means—
- a
in relation to a foundation school, the governing body, and
- b
in relation to a voluntary controlled school, the local authority;
- a
“Religion, Values and Ethics” has the same meaning as in the Curriculum and Assessment (Wales) Act 2021.
Word in s. 58 cross-heading inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 4(2)