THE STATES OF DELIBERATION of the ISLAND OF GUERNSEY COMMITTEE FOR EDUCATION, SPORT & CULTURE DRAFT PROPOSALS FOR A NEW EDUCATION LAW TO REPLACE THE 1970 LAW The recommendations of the Committee for Education, Sport & Culture are:- 1. Pursuant to States Resolution 3 of Article X of Billet d’Etat II, 2018, to repeal the Education (Guernsey) Law 1970 as amended and to direct that the new legislation gives effect to the following propositions. 2. To direct that the new Law shall: a) Carry forward those provisions of The Education (Guernsey) Law, 1970, and The Education (Amendment) (Guernsey) Law, 1987, set out in Appendices 2 and 3 of the Policy Letter respectively, with any amendments that might be necessary to update them according to best practice; and b) In respect of powers carried over which enable the Committee for Education, Sport and Culture to act where it appears employment is prejudicing a child’s education, health or development, direct that these powers shall be extended to all learners of compulsory education age and not just to those attending school, as set out in section 17.43. 3. To direct that the definitions to be used in the interpretation of the Law shall include those set out in Appendix 6 of the Policy Letter. 4. To agree that the objectives and principles of education in Guernsey should align with the purpose of the Committee for Education, Sport & Culture, ‘to encourage human development through maximising opportunities for participation and excellence through education, learning, sport and culture at every stage of life’ as described in section 3. 5. To direct that there will be secondary legislation enabling the devolution of governance to governing bodies as described in section 5. 6. To agree that the new Law shall provide for the appointment to the role of Director of Education or any successor title that position may be known by and to direct that appointment to the roles of Executive Principal, headteachers and teachers will be made by the appropriate governing body. 1 7. To agree that there shall be a universal entitlement to education in Guernsey as set out in paragraph 6.2 including access to wider services provided as part of education as described in section 6.7. 8. To agree that the ‘Compulsory Education Age’ in Guernsey will be defined as being from the beginning of the school year in which a person attains the age of 5 until the last Friday of June in the school year in which that person attains the age of 16 years as set out in section 6.18. 9. To direct that there shall be secondary legislation which will specify access and entitlement to education beyond compulsory education age, as described in section 6.19, the detail of which shall be set out in a further Policy Letter. 10. To direct that the existing Early Childhood Education entitlement is specified in the new Law, which shall include powers to vary that entitlement by Ordinance; and to further direct that the new Law shall place a duty on the Committee for Education, Sport & Culture to promote pre-school provision, as set out in paragraph 6.31. 11. To direct that the new Law shall require an officer(s) to be responsible for the educational outcomes of looked-after children as described in section 6.41. 12. To direct that the new Law shall allow flexibility in respect of the age range for educational provision for learners with Special Educational Needs and Disabilities as described in paragraph 6.55. 13. To direct that in respect of Special Educational Needs and Disabilities (SEND) assessments, as set out in section 6.56: a) The new Law shall place a duty on the Committee for Education, Sport & Culture to ensure that a process exists to identify, assess and determine appropriate educational provision for learners with SEND, which shall include a statutory right of appeal (as set out in section 11 of the Policy Letter); b) The new Law shall place a duty on independent schools to maintain a register of all learners who have been identified as having SEND and require that register to be shared with the Committee for Education, Sport & Culture; c) The new Law shall place a duty on the governing bodies of independent schools requiring them to provide, at their own cost, SEND educational support for learners with SEND enrolled at those schools; d) The new Law shall place a duty on the Committee for Education, Sport & Culture to assess and provide advice in respect of SEND support 2 services for those children/learners with SEND who are outside of States schools whose additional needs are brought to the attention of the Committee. 14. To direct that, in respect of Curriculum, as explained in section 7.1, the new Law shall: a) Place a duty on The Committee for Education, Sport and Culture to develop the Bailiwick Curriculum in collaboration with key stakeholders; and b) Place a duty on States-maintained schools to interpret the curriculum and deliver education in accordance with it. 15. To note that, as described in section 7, collective worship shall be omitted from the new Law and to direct that the new Law shall: a) Not prohibit collective worship in schools undertaken in accordance with guidance issued by the Committee for Education, Sport & Culture; b) Allow parents/carers to withdraw their child from collective worship; and c) Not allow parents/carers from withdrawing their child from Religious Education lessons. 16. To direct, as described in section 7.14 that the new Law shall enable the Committee for Education, Sport & Culture to take action where it is not satisfied - following the evaluation, monitoring and comparison of performance - with the progress being made by any States-maintained school. 17. To direct, in relation to inspection as set out in section 7.20 that the new Law shall: a) Require all schools to be subject to inspection by an inspectorate approved by the Committee for Education, Sport & Culture at a prescribed frequency; b) Provide for an agreed inspection framework with regard to collective worship and denominational education in voluntary schools; and c) Require that inspection reports are to be provided to the Committee for Education, Sport & Culture and published. 18. To direct, in relation to exclusions, that the new Law shall prohibit the permanent exclusion of a learner of compulsory education age who would otherwise be included in the universal entitlement to education, as described in section 8.9. 19. To direct that the new Law shall place a duty on governing bodies to improve 3 attendance at school as explained in section 9.7. 20. To direct that the new Law shall prohibit the introduction of fees in respect of the admission to, and provision of education for, pupils registered at States schools; and to further direct that the new Law includes powers enabling the Committee for Education, Sport and Culture to specify circumstances when other charges may be made, as described in paragraph 10.6. 21. To direct that the new Law shall include powers enabling the Committee for Education, Sport & Culture to operate a transport policy to facilitate the school attendance of all learners as described in section 11.11. 22. To direct that the new Law includes a definition of home education which emphasises parental choice and as described in section 12 to further direct: a) That the new Law places a duty on the Committee for Education, Sport & Culture to identify children of compulsory education age who are missing education; b) That the new Law places a duty on the Committee for Education, Sport & Culture to maintain a Home Education roll; c) That the new Law includes a requirement for all learners of compulsory education age to be included on either a school roll or the Home Education roll; d) That the new Law includes a requirement for formal permission of the Education Office to add any child or young person to the Home Education roll where they are in receipt of an intervention from a professional agency; e) That the new Law places a duty on the Committee for Education, Sport & Culture to: a. Ensure that proposals in place in respect of each home-educated learner are sufficient to prevent that child or young person from being identified as a child missing education. b. Prescribe the frequency and extent of monitoring and support visits. c. Prescribe the availability of qualifications to home learners including that there shall be no specified maximum number of qualifications accessible. 23. To direct that, in respect of school admissions described in section 14.8, the new Law shall provide for the management of admissions into States- maintained schools by; a) a system of catchment areas for learners joining primary education; and b) through a partner school model for learners joining secondary education, such that each primary school will partner with one of the 4 secondary school sites. 24. In respect of appeals and complaints as set out in section 14.24, to direct that the new Law shall: a) Provide a statutory right of appeal to an independent education appeals body in respect of certain decisions including, but not limited to, matters such as school exclusions and admissions, taken by or on behalf of the Committee for Education, Sport & Culture under the provisions of the new Law; and b) Require the independent education appeals body, in the context of such appeals, to have regard to the need for the efficient and effective instruction of learners and the avoidance of unreasonable expenditure for the States.