Education Act 1996

Part I is a general section.  Chapter I describes the statutory system of education.  This includes the stages of education (s.1), definition of primary, secondary and further education (s.2), definition of a pupil (s.3).  Educational institutions are provided for generally (s.4), primary schools, secondary schools and middle schools (s.5), nursery schools and special schools (s.6).  Compulsory education is addressed this imposes a duty on parents to secure education of children of compulsory school age (s. 7).  The compulsory school age is explained (s.8).  Section 8 provides that a person begins to be of compulsory school age when he attains the age of five.  Pupils are also to be educated in accordance with parents’ wishes.

Chapter II explains the functions of the Secretary of State.  There is a general duty imposed on the Secretary of State (s.10) this is explained further in the case of primary, secondary and further education (s.11).  Chapter III relates to the functions of the local education authorities which imposes a general responsibility for education (s.13).  The functions are addressed in respect of provision of primary and secondary schools (s.14) and in respect of provision of further education (s.15).  The local education authority is empowered to establish, maintain and assist primary and secondary schools (s.16) as well as for nursery education (s.17).  Powers are also given to arrange provision of education at non-maintained schools (s.18).  There is also an exceptional provision of education in pupil referral units or elsewhere (s.19).

Part II addresses schools maintained by local education authorities.  This is generally discussed (s.31 – 34) which includes county schools and voluntary schools (s.31), categories of voluntary schools (s.32), maintained nursery and maintained special schools (s. 33)

Chapter VI discusses the conduct and staffing of county, voluntary and maintained special schools.  The conduct of schools generally is provided for in Sections 130 – 132.  The governing body is to have general responsibility for conduct of school (s.130), consultation with governing body in specific cases (s.131) and separate departments of school to be treated as separate schools (s.132).  The religious opinion of staff is provided for under Section 146.  School terms, holidays and sessions are provided for including the responsibility for determining dates of terms and holidays and times of sessions (s.147) and the procedure for changing times of sessions at a county, controlled or maintained special school (s.148).  The control of school premises is explained including the control of use of premises outside school hours for county and maintained special schools (s.149).  Provisions applying to voluntary schools and the use of school premises include the control and use of premises (s.150), transfer of control agreements (s.151) and the use of premises outside school hours (s.152).  Instruction or training outside school premises is addresses under Section 153.  The issue of discipline is provided for in detail (s.154 – 160).  This includes responsibility of governing body and head teacher for discipline (s.154), LEA’s reserve power to prevent a break down of discipline (s.155), the power of head teacher to exclude pupils (s.156), the duty to inform parents regarding the exclusion of pupils (s.157), the reinstatement of excluded pupils (s.158), appeals against exclusion or reinstatement of pupils (s.159) and additional provisions of appeal against exclusion of pupils (s.160).  Details of reports, meetings and information are set out in Sections 161-165.  The conduct and staffing of new schools is provided under Section 166.

Chapter VII addresses the discontinuance of local education authority schools in Sections 167 – 175.

Chapter VIII includes a provision of courses for initial teacher training (s.177).

Part III relates to grant maintained schools.  Chapter V applies to the government, conduct etc of grant maintained schools.  The governing instruments are set out (s.218 – 221).  Section 218 explains the constitution of governing body and conduct of the school.  Provisions regarding governors are set out in Sections 222 – 230.  The powers of the governing body are provided for in Section 231.  Chapter IX describes groups of grant maintained schools (s.280 – 290), including parent governors (s.282), teacher governors (s.283) and powers of governing body (s.288).  Other provisions include the religious opinions of staff are provided for (s.304 – 306) and exclusion of pupils (s.307).

Part IV relates specifically to special educational needs.  The meaning of ‘special educational needs’ and ‘special educational provision’ is given under Section 312.  Other provisions include the code of practice (s.313), general special educational provisions (s.315 – 320).  This specifically addresses children with special educational needs normally to be educated in mainstream schools (s.316).  The act explains the duties of governing body or LEA in relation to pupils with special educational needs is explained (s.317).

The act sets out provisions in relation to the identification and assessment of children with special educational needs (s.321 – 332).  There is a general duty of local education authority towards children for whom they are responsible (s. 321), a duty of Health Authority or local authority to help local education authority (s.322), details on assessment of educational needs (s. 323), assessment of educational needs at request of child’s parent (s. 329), assessment of educational needs of children under two (s. 331) and a duty of Health Authority or National Health Service Trust to notify parent etc (s.332).

Part V addresses the curriculum which imposes general duties in respect of the curriculum (s.351).  Sections 353 – 369 relate to the curriculum, the national curriculum, special cases and assessment.   There is a duty of local education authority to state policy (s.370).  Specific functions are set out including the functions of the governing body for county, controlled and maintained special schools (s.371), the functions of the head teacher for county, controlled and maintained special schools (s.372), functions of governing body and head teacher for aided and special agreement schools (s. 372), the functions of governing body and head teacher for grant-maintained schools (s.374).

Chapter III relates to religious education and worship, a required provision for religious education is described (s. 376 – 384), details on religious worship (s.385 – 388).  Other areas are provided under chapter IV including courses leading to external qualifications (s. 400 – 401), obligation to enter pupils for external examinations (s. 402), sex education and exemption from sex education (s.403 – 405), politics and imposing a duty to secure balanced treatment of political issues (s.406-407).

Part VI applies to school admissions, attendance and charges.  This addresses school admissions (s.411 – 436).  Provisions include parental preferences (s.411), admission of pupils to new schools and voluntary schools (s.422), a power to direct admission of child to school (s.431-432).  Chapter II relates to school attendance provisions (s.437 – 448).  This includes school attendance orders (s.437), offences relating to school attendance (s.443-444) and education supervision orders (s. 447).

Part VII includes provisions relating to independent schools.  The meaning of independent schools is given under Section 463.  The Act includes complaints about registered and provisionally registered schools (s.469 – 475) and imposes a duty on the Registrar to comply with order for the deletion of a school from the register (s.475).  Chapter IV relates to City Colleges (s.482-483).

Part IX considers ancillary functions.  This includes general functions (s.495-497) and a power to prevent unreasonable exercise of functions (s.496).  Additional provisions include a power to require medical examinations of pupils (s.506) and a power to direct local enquiries (s.507).  Chapter II sets out the ancillary functions of the local education authorities. This includes provision of services (s. 508 – 516) this incorporates functions in respect of facilities for recreation and social and physical training (s.508), provision of transport (s.509), provision of clothing (s.510), provision of meals at schools maintained by local education authority (s.512), provision of meals at schools not maintained by local education authority (s.513), provision of board and lodging otherwise than at school (s.514), provision of teaching services for day nurseries (s.515), medical inspection and treatment of pupils (s.520).  Specific provisions regarding cleanliness include: the examination of pupils for cleanliness (s. 521), compulsory cleansing of a pupil (s.522), arrangements for cleansing of pupils (s.523), exclusion of a pupil pending examination or cleansing (s. 524), offence of neglecting the cleanliness of a pupil (s.525).  Disability statements are also incorporated which includes a duty of LEA to publish disability statements relating to further education (s.528).

Chapter III relates to the ancillary functions of governing bodies.  Provisions include duties of governing bodies of maintained schools with respect to provisions of school meals (s.533), duties of governing bodies of grant maintained schools with respect to the provision of school meals (s.534), provision of teaching service for day nurseries (s.535), details regarding medical inspection and treatment of pupils at grant maintained schools (s.536).

Chapter IV provides for the provision of information by governing bodies etc.  This includes a power of Secretary of State to require information from governing bodies etc. (s.537).

Part X is a miscellaneous and general section.  The required standards for educational premises are set out (s.542 – 545), control of potentially harmful material and apparatus (s.546) and nuisance or disturbance on school premises (s.547).

Chapter II relates to corporal punishment.  The provisions include no right to give corporal punishment (s.548).  Chapter III incorporates other provisions including regulations as to the duration of the school day (s.551), single sex schools (s.552).  Chapter IV applies to the employment of children and young persons.  This includes meaning of a ‘child’ for purposes of enactments relating to employment of children or young persons (s.558), a power of local education authorities to prohibit or restrict employment of children (s.559) and details on work experience in last year of compulsory schooling (s.560).

General interpretation is provided under Section 579.

Section 581 applies to the Isles of Scilly.

SCHEDULES:

SCHEDULE 1 – Pupil referral units.
SCHEDULE 3 – Transfer to funding authority of functions of Secretary of State.
Schedule 4
Part II
Functions where responsibility for providing sufficient school places is shared.
Part III
Functions where responsibility for providing sufficient school places is transferred.
Part IV
Functions where responsibility either shared or transferred.
SCHEDULE 10
Transition from temporary governing body to governing body constituted under an instrument of government.
SCHEDULE 13 – Staffing of county, controlled, special agreement and maintained special schools.
SCHEDULE 14 – Staffing of county, controlled and special agreement schools with delegated budgets.
SCHEDULE 15 – Reinstatement of pupils excluded from county, voluntary or maintained special schools.
SCHEDULE 16 – Appeals against exclusion or reinstatement of pupils.
SCHEDULE 19 – Conduct and staffing of new county, voluntary and maintained special schools.
SCHEDULE 21 – Acquisition of grant-maintained status: exercise of powers before date of implementation.
SCHEDULE 22 – Governing bodies of grant-maintained schools.
SCHEDULE 23 – Content of articles of government for grant-maintained schools.
SCHEDULE 26 – Making of assessments under section 323.
SCHEDULE 29 – The School Curriculum and Assessment Authority.
SCHEDULE 30 – The Curriculum and Assessment Authority for Wales.
SCHEDULE 31 – Agreed syllabuses of religious education.
SCHEDULE 32 – Reduction of standard number for admission of pupils.
SCHEDULE 34 – Independent Schools Tribunals.
SCHEDULE 40 – Transitory provisions.
See here: Education Act 1996