 |  |
| |
DES Circular 15/89 - letter In this covering letter, sent out with Circular 15/89, Jenny Bacon explained the changes that had been made to the draft circular and regulations in the light of comments received.
The text of the Circular 15/89 covering letter was prepared by Derek Gillard and uploaded on 17 March 2021. |
Circular 15/89 (1989) Letter from Jenny Bacon Department of Education and Science
Department of Education and Science
Direct Line 01-934
Telex 23171 Your reference
To: Chief Education Officers
12 July 1989 Dear Colleague THE EDUCATION (NATIONAL CURRICULUM) (TEMPORARY EXCEPTIONS FOR INDIVIDUAL PUPILS) REGULATIONS 1989 I wrote to you in April with drafts of Regulations (under Section 19 of the Education Reform Act) enabling headteachers to make temporary exceptions from the National Curriculum for individual registered pupils. I also enclosed a draft Circular. In the light of comments received we have revised the Regulations and Circular. I attach, at Annex A to this letter, a note of the main changes as compared with the draft versions. The Regulations were laid before Parliament on 11 July and will come into effect on 1 August. Distribution arrangements I am enclosing sufficient copies of the Regulations and Circular, and of this covering letter, for each member of the local authority inspectorate and of the educational psychology service. I am also enclosing copies for LEA-maintained schools - two for each: one for the Chairman of the Governors and one for the headteacher. We have not distributed direct to LEA-maintained schools in this case because it is so close to the end of term. I should be very grateful if LEAs could arrange to distribute copies to their schools, as part of their next normal delivery - before the end of term where practicable or as soon as possible at the beginning of the autumn term. Further copies; enquiries A limited number of additional copies of the Circular are available from DES, Publications Despatch Centre, Canons Park, Honeypot Lane, Stanmore, Middlesex HA7 4PT (telephone 01 952 2366). Further copies of the Regulations may be obtained from HMSO. Any enquiries about these Regulations and the Circular should be addressed to Miss E Kirszberg, Department of Education and Science, Elizabeth House, York Road, London SE1 7PH (telephone 01 934 9340).
JENNY BACON
ANNEX A SECTION 19 REGULATIONS AND CIRCULAR CHANGES MADE IN THE LIGHT OF CONSULTATION The Regulations 1. The Regulations now require headteachers to consult their LEA before making a special direction (Reg. 3(2); para 51 of the Circular). 2. The Regulations no longer place any limit on the number of renewals of special directions, in cases where there is an appeal under the 1981 Act against the content of the pupil's statement (Reg. 10(3); para 56 of the Circular). 3. In the case of renewals of general directions or new general directions, the Regulations now require headteachers to have the prior written consent of three members only of the governing body. This is to allow for any appeals in such cases to be heard by other members of the governing body who have not been previously involved (Reg. 9(1); para 46 of the Circular). 4. Where a headteacher wishes to make a new direction for a pupil who has already been the subject of a direction whilst at the same school, whether or not the old direction has expired within the past 12 months, the headteacher must, in such a case, seek the prior written consent of three governors and, in the case of an LEA-maintained school, the LEA (Reg 11; para 45 of the Circular). The Circular 1. Amendments have been made to lay added emphasis on the intention that powers of direction should be used sparingly and to reflect the Secretary of State's expectation, accordingly, that a very few pupils only will be the subject of directions. (See, for example, paras 6, 9, 10 and 13 of the Circular). The Secretary of State will be monitoring use of powers of direction by means of one of the new returns required under The Education (School Curriculum and Related Information) Regulations 1989 (Schedule 2, part 1 SI 1989/954). 2. The Circular now expresses the Secretary of State's expectation that heads should consult specialist staff in LEAs (educational psychologists, medical officers etc) before making a general direction (para 23 of the Circular). 3. The Circular has been amended to remove the suggestion in the draft text that the effect of a pupil's behaviour on other pupils could constitute grounds for a direction. In the Secretary of State's view, the test should be whether the pupil's behaviour prevents the pupil himself or herself from benefitting fully from the National Curriculum (para 10 of the Circular). 
|
