The Education (School Teachers' Qualifications) (England) Regulations 2003

PART 1 E+W

1.  In this Schedule – E+W

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 M1 as adjusted by the Protocol signed at Brussels on 17th March 1993 M2 ;

[F1 “the 2008 Regulations” means the Education (Induction Arrangements for School Teachers) (England) Regulations 2008;]

“the CNAA” means the Council for National Academic Awards;

“foreign institution” means any institution other than a United Kingdom institution;

“graduate teacher” means a person who has been granted an authorisation to teach in accordance with paragraphs 5 to 11 of Schedule 2 to the 1999 Regulations before 1st September 2002;

“recommending body” means the body that is the organiser of the training given or to be given to the person named in the recommendation;

“registered teacher” means a person who has been granted an authorisation to teach in accordance with paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations before 1st September 2002;

“specified standards” means the standards applying as at the time of assessment specified by the Secretary of State as the standards required of a person who seeks to achieve qualified teacher status;

“Switzerland Agreement” means the Agreement between the European Community and its Member States of the one part and the Swiss Confederation of the other on the Free Movement of Persons signed at Luxembourg on 21st June 1999 M3 and which came into force on 1st June 2002; and

“United Kingdom institution” means an institution established in the United Kingdom, other than one which is, or is affiliated to or forms part of, an institution whose principal establishment is outside the United Kingdom and includes the CNAA.

Textual Amendments

F1 Words in Sch. 2 para. 1 inserted (1.4.2012) by The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/431), regs. 1, 8(a)

Marginal Citations

M1 Cm. 2073.

M2 Cm. 2183.

M3 Cm. 4904.

2.  The person is a qualified teacher by virtue of paragraph 1 of Schedule 3 to the 1999 Regulations. E+W

3.  The person is a qualified teacher by virtue of regulations made in relation to Wales and from time to time in force under – E+W

(a) section 132 of the Education Act 2002, or

(b) before any such Regulations are made, section 218(2) of the Education Reform Act 1988 M4 .

Marginal Citations

M4 1988 c 40.

4.  The person has successfully completed a course of initial school teacher training at an educational institution in Scotland or Northern Ireland. E+W

5.  The person [F2 has full registration] as a teacher of primary or secondary education with the General Teaching Council for Scotland. E+W

Textual Amendments

F2 Words in Sch. 2 para. 5 substituted (1.1.2010) by The Education (School Teachers’ Qualifications) (England) (Amendment) Regulations 2009 (S.I. 2009/3156), regs. 1, 4

[F3 6.   The person— E+W

(a) has been awarded confirmation of recognition as a teacher in schools in Northern Ireland by the Department of Education, Northern Ireland Office or by the General Teaching Council for Northern Ireland, that confirmation not having been subsequently withdrawn, and

(b) has undertaken a period of not less than sixty days practical teaching experience at an educational institution in Northern Ireland.]

Textual Amendments

F3 Sch. 2 para. 6 substituted (1.1.2010) by The Education (School Teachers’ Qualifications) (England) (Amendment) Regulations 2009 (S.I. 2009/3156), regs. 1, 5

7.  The person – E+W

(a) holds a first degree or equivalent qualification granted by a United Kingdom institution or an equivalent degree or other qualification granted by a foreign institution;

(b) successfully completes a course of initial teacher training at an accredited institution in England;

(c) undertakes any period of practical teaching experience for the purposes of that course of initial teacher training wholly or mainly in a school, city college, academy, independent school or other institution F4 ... in England [F5 , or in a school administered by Service Children’s Education]; and

(d) is assessed by the accredited institution as meeting the specified standards.

Textual Amendments

F4 Words in Sch. 2 para. 7(c) omitted (1.9.2012) by virtue of The Education (School Teachers) (Qualifications and Specified Work) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/1736), regs. 1, 2(2)(a)

F5 Words in Sch. 2 para. 7(c) inserted (1.1.2010) by The Education (School Teachers’ Qualifications) (England) (Amendment) Regulations 2009 (S.I. 2009/3156), regs. 1, 6

[F6 7A.   The person— E+W

(a) holds a first degree or equivalent qualification granted by a United Kingdom institution or an equivalent degree or other qualification granted by a foreign institution;

(b) is assessed by an accredited institution as meeting such criteria as may from time to time be specified by the Secretary of State; and

(c) has undertaken a period of practical teaching experience such that the person is assessed by the accredited institution as meeting the specified standards.]

Textual Amendments

F6 Sch. 2 para. 7A inserted (1.1.2010) by The Education (School Teachers’ Qualifications) (England) (Amendment) Regulations 2009 (S.I. 2009/3156), regs. 1, 7

[F7 8.   The person is a person who is, as respects the profession of school teacher, entitled to practice pursuant to Part 2 and Chapters 1, 2 and 4 of Part 3 of the European Communities (Recognition of Professional Qualifications) Regulations 2007.] E+W

Textual Amendments

F7 Sch. 2 para. 8 substituted (19.10.2007) by The Education (Recognition of School Teachers’ Professional Qualifications) (Consequential Provisions) (England) Regulations 2007 (S.I. 2007/2782), regs. 1, 4

9.—(1) Where a person has been granted an authorisation to teach under Part II or III of Schedule 2 to the 1999 Regulations before 1st September 2002, the recommending body has submitted to the [F8 Secretary of State or, before 1st April 2012, submitted to the] Council – E+W

(a) a recommendation that the person should be awarded qualified teacher status; and

(b) a statement described in sub-paragraph (2).

(2) The statement states that the person –

(a) has been assessed by a competent person as meeting the specified standards;

(b) holds a first degree or equivalent qualification granted by a United Kingdom institution, or a qualification of an equivalent standard granted by an educational institution elsewhere; and

(c) satisfies one of the following requirements –

(i) he has successfully completed service as a graduate teacher or a registered teacher for the period of the authorisation and has successfully completed any training proposed in the recommendation for an authorisation;

(ii) he has completed not less than 3 months service as a graduate teacher or not less than one year’s service as a registered teacher and has made such progress during his period of service as a graduate teacher or a registered teacher that in the view of the recommending body he did not need, in the light of that progress, to complete that service for the period of authorisation before being assessed under paragraph (a); or

(iii) he has successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognised as such a programme of training by the competent authority in that country.

(3) In this paragraph a “competent person” means in a case where the recommending body is an accredited institution, that institution, and in any other case it means the person approved by the [F9 Secretary of State or, before 1st April 2012, the] Teacher Training Agency for the purpose of carrying out the assessment referred to in paragraph (2)(a).

Textual Amendments

F8 Words in Sch. 2 para. 9(1) inserted (1.4.2012) by The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/431), regs. 1, 8(b)

F9 Words in Sch. 2 para. 9(3) inserted (1.4.2012) by The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/431), regs. 1, 8(c)

10.—(1) The person – E+W

(a) successfully completes a period of training on an employment-based teacher training scheme, and

(b) is assessed by or on behalf of the [F10 Secretary of State, or was assessed before 1st April 2012 by the Training and Development Agency for Schools,] as meeting the specified standards.

F11 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An “employment-based teacher training scheme” is a scheme established by the Secretary of State for the purposes of this paragraph whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school, city college, Academy, independent school or other institution F12 ... .

F11 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Words in Sch. 2 para. 10(1)(b) substituted (1.4.2012) by The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/431), regs. 1, 8(d)(i)

F11 Sch. 2 para. 10(2)(4) omitted (1.4.2012) by virtue of The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/431), regs. 1, 8(d)(ii)

F12 Words in Sch. 2 para. 10(3) omitted (1.9.2012) by virtue of The Education (School Teachers) (Qualifications and Specified Work) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/1736), regs. 1, 2(2)(b)

11.—(1)  [F13 The States of Guernsey Education Department] has submitted to the [F14 Secretary of State or, before 1st April 2012, submitted to the] Council a recommendation that the person should be awarded qualified teacher status and a statement that the person satisfies the requirements specified in sub-paragraph (2), (3) or (4). E+W

(2) The person successfully completes two school years' full-time service or the equivalent period of part-time service as a teacher licensed by [F13 the States of Guernsey Education Department] and the training specified in the licence.

(3) The person –

(a) successfully completes not less than one school year’s service as a teacher licensed by [F13 the States of Guernsey Education Department] and the training specified in the licence; [F15 and]

F16 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) before the date of commencement of the licence, had been employed for not less than two years as a teacher or a lecturer at an independent school (including a city college or Academy) or an institution or a university in the United Kingdom or as an Instructor or Education officer in the Armed Forces of the Crown or as an instructor under paragraph 3 of Schedule 2 to the 1993 Regulations or paragraph 3 of Schedule 2 to the 1999 Regulations or paragraph 4 of Schedule 2 to the 2003 Specified Work Regulations and was not dismissed on grounds other than redundancy.

(4) The person –

(a) successfully completes not less than one school term’s service as a licensed teacher and the training proposed in the recommendation for a licence;

(b) had, before the date of commencement of the licence, successfully completed either –

(i) a course of at least three years' duration of initial training for teachers in schools at an educational institution outside England and Wales, or

(ii) a first degree course and a postgraduate course of initial training for teachers in schools at such an institution (whether or not the same institution); and

(c) had been employed for not less than one year as a teacher or lecturer in a school, independent school (including city college or Academy), institution or university or other educational establishment either in England or Wales or elsewhere and was not dismissed on grounds other than redundancy.

Textual Amendments

F13 Words in Sch. 2 para. 11 substituted (1.1.2010) by The Education (School Teachers’ Qualifications) (England) (Amendment) Regulations 2009 (S.I. 2009/3156), regs. 1, 8(a)

F14 Words in Sch. 2 para. 11(1) inserted (1.4.2012) by The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/431), regs. 1, 8(e)

F15 Word in Sch. 2 para. 11(3)(a) inserted (1.1.2010) by The Education (School Teachers’ Qualifications) (England) (Amendment) Regulations 2009 (S.I. 2009/3156), regs. 1, 8(b)(i)

F16 Sch. 2 para. 11(3)(b) omitted (1.1.2010) by virtue of The Education (School Teachers’ Qualifications) (England) (Amendment) Regulations 2009 (S.I. 2009/3156), regs. 1, 8(b)(ii)

12.—(1) Before 1st September 2004 the recommending authority has submitted to the Council a recommendation that the person should be awarded qualified teacher status and a statement that – E+W

(a) on the date of the recommendation he is employed as a teacher in an independent school;

(b) he has been assessed by the recommending authority as meeting the specified standards;

(c) before –

(i) 1st January 1974 he obtained qualifications meeting the requirements of paragraph 14, 15, 16, 17, 18, 19 or 20 of Part 2 of this Schedule, or

(ii) 1st January 1974 he obtained a degree granted by a United Kingdom university or by the CNAA or by a foreign institution, or

(iii) 1st September 1989 he obtained a degree granted by a United Kingdom university or by the CNAA or by a foreign institution in mathematics, physics, chemistry, biology, botany, zoology, physiology, biochemistry or geology; and

(d) he was employed as a teacher in an independent school at any time before 1st September 1989.

(2) In this paragraph – “recommending authority” means –

(a) in the case of a teacher who is not a head teacher or principal, the head teacher or principal of the independent school at which he is employed to teach, and

(b) in the case of a head teacher or principal, the chairman of the governing body of the school, or if none the proprietor of the school.

13.—(1) Before 1st September 2004 the recommending authority has submitted to the Council a recommendation that a person should be awarded qualified teacher status and a statement that – E+W

(a) on the date of the recommendation he is –

(i) employed as a teacher in a further education institution, or

(ii) an instructor in a school by virtue of paragraph 4 of Schedule 2 to the 2003 Specified Work Regulations;

(b) he has been assessed by the recommending authority as meeting the specified standards;

(c) before–

(i) 1st January 1974 he obtained qualifications meeting the requirements of paragraph 14, 15, 16, 17, 18, 19, or 20 of Part 2 of this Schedule;

(ii) 1st January 1974 he obtained a degree granted by a United Kingdom university or by the CNAA or by a foreign institution; or

(iii) 1st September 1989 he obtained a degree granted by a United Kingdom university or by the CNAA or by a foreign institution in mathematics, physics, chemistry, biology, botany, zoology, physiology, biochemistry or geology;

(d) he was employed as a teacher in a further education institution at any time before 1st September 1989;

(e) he holds a Certificate in Education or a Post-graduate Certificate in Education; and

(f) in the opinion of the recommending authority, he has sufficient teaching experience to be able to teach pupils aged from 14 years to 19 years.

(2) In this paragraph – “recommending authority” means –

(a) in the case of a teacher who is not a head teacher or principal, the head teacher or principal of the further education institution at which the person is employed to teach; and

(b) in the case of a head teacher or principal, the chairman of the governing body.

[F17 13A.— (1) The person— E+W

(a) has successfully completed a programme of professional training for teachers in a country mentioned in sub-paragraph (2), which programme is recognised as such by the competent authority in that country;

(b) has satisfied any additional requirements (including any period of professional experience comparable to an induction period under the 2008 Regulations) which are necessary in order for a person in that country to be eligible for employment as a qualified teacher on a permanent basis in—

(i) a government school, where that country is Australia; or

(ii) a school which is wholly or mainly government funded, where that country is Canada, New Zealand or the United States of America; and

(c) is not a person mentioned in sub-paragraph (3).

(2) The countries are—

(a) Australia;

(b) Canada;

(c) New Zealand; and

(d) the United States of America.

(3) The person—

(a) is the subject of any decision of, or proceedings before, the relevant body which restricts or may restrict that person’s eligibility to teach in that country;

(b) has, before 1st April 2012, failed to obtain qualified teacher status following assessment against the specified standards mentioned in paragraph 10(1)(b); or

(c) is included on the list kept by the Secretary of State under section 141C(1)(b) of the Education Act 2002.

(4) In this paragraph “relevant body” means the authority or person who is authorised to take action or decisions in respect of professional disciplinary proceedings concerning the teaching profession in each of the countries mentioned in sub-paragraph (2).

Textual Amendments

F17 Sch. 2 paras. 13A, 13B inserted (1.4.2012) by The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/431), regs. 1, 8(f)

13B.   The person— E+W

(1) has been awarded qualified teacher learning and skills status by the Institute for Learning;

(2) is a member of the Institute for Learning; and

(3) is not included on the list kept by the Secretary of State under section 141C(1)(b) of the Education Act 2002.]

Textual Amendments

F17 Sch. 2 paras. 13A, 13B inserted (1.4.2012) by The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/431), regs. 1, 8(f)