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Statutory Instruments 1998 No. 1759
The Education (Northern Ireland) Order 1998
- continued

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At the Court at Buckingham Palace, the 21st day of July 1998

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

     Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: - 



PART I

INTRODUCTORY

Title and commencement
     1.  - (1) This Order may be cited as the Education (Northern Ireland) Order 1998.

    (2) Except as provided by paragraph (3), this Order comes into operation on the expiration of two months from the day on which it is made.

    (3) The following provisions come into operation on such day or days as the Department may by order appoint, namely - 

    (a) Chapter I of Part III;

    (b) Articles 13 and 16;

    (c) Chapter I of PartVI;

    (d) Part VII;

    (e) Article 81(2), (3) and (6);

    (f) Article 88(3) and Schedule 4;

    (g) Part II of Schedule 5 and so much of Article 90(1) as relates thereto;

    (h) Part II of Schedule 6 and so much of Article 90(2) as relates thereto.

    (4) An order under paragraph (3) may make such transitional provisions as appear to the Department to be necessary or expedient in connection with the provisions brought into operation by the order.

Interpretation
    
2.  - (1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

    (2) In this Order - 

    (3) This Order shall be construed as one with the 1986 Order and the 1989 Order; and accordingly Article 2 of the 1986 Order, in so far as it relates to the interpretation of words or expressions used in that Order and in this Order, shall apply for the purposes of this Order as it applies for the purposes of that Order.



PART II

DISCIPLINE

Responsibility of Board of Governors and principal for discipline
    
3.  - (1) The scheme of management for every grant-aided school shall provide for it to be the duty of the Board of Governors to ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.

    (2) In particular the scheme of management shall require the Board of Governors - 

    (a) to make, and from time to time review, a written statement of general principles to which the principal is to have regard in determining any measures under paragraph (3)(a);

    (b) before making or revising that statement - 

      (i) to consult (in such manner as appears to it to be appropriate) the principal and the parents of registered pupils at the school; and

      (ii) to consider any guidance given by the Department, the board for the area in which the school is situated and (in the case of a Catholic maintained school) the Council for Catholic Maintained Schools; and

    (c) where it considers it desirable that any particular measures should be determined by the principal under paragraph (3)(a) or that he should have regard to any particular matters - 

      (i) to notify him of those measures or matters; and

      (ii) to give him such guidance as it considers appropriate.

    (3) The scheme of management for every grant-aided school shall provide for it to be the duty of the principal - 

    (a) to determine measures (which may include the making of rules and provision for enforcing them) to be taken with a view to - 

      (i) promoting, among pupils, self-discipline and proper regard for authority;

      (ii) encouraging good behaviour and respect for others on the part of pupils;

      (iii) securing that the standard of behaviour of pupils is acceptable; and

      (iv) otherwise regulating the conduct of pupils;

    (b) in determining such measures - 

      (i) to act in accordance with the current statement made by the Board of Governors under paragraph (2)(a); and

      (ii) to have regard to any notification or guidance given to him under paragraph (2)(c);

    (c) to prepare a written statement of such measures and to secure that - 

      (i) a copy of that statement is given (free of charge) to the parents of all registered pupils at the school; and

      (ii) copies of the statement are available for inspection (at all reasonable times and free of charge) at the school.

    (4) The scheme of management for every grant-aided school shall provide for the standard of behaviour which is to be regarded as acceptable at the school to be determined by the principal so far as it is not determined by the Board of Governors.

    (5) This Article does not apply to a school established in a hospital.

Power of member of staff to restrain pupils
    
4.  - (1) A member of the staff of a grant-aided school may use, in relation to any pupil at the school, such force as is reasonable in the circumstances for the purpose of preventing the pupil from doing (or continuing to do) any of the following, namely - 

    (2) Paragraph (1) applies where a member of the staff of a grant-aided school is - 

    (3) Paragraph (1) shall not be taken to prevent any person from relying on any defence available to him otherwise than by virtue of this Article.

    (4) In this Article - 

Detention of pupil outside school hours
    
5.  - (1) Where a pupil to whom this Article applies is required on disciplinary grounds to spend a period of time in detention at his school after the end of any school session, his detention shall not be rendered unlawful by virtue of the absence of his parent's consent to it if the conditions set out in paragraph (3) are satisfied.

    (2) This Article applies to any pupil who - 

    (3) The conditions referred to in paragraph (1) are as follows - 

    (4) In determining for the purpose of paragraph (3)(c) whether a pupil's detention is reasonable, the following matters in particular shall be taken into account - 

    (5) Without prejudice to section 18 of the Interpretation Act (Northern Ireland) 1954 (which provides for the methods by which documents may be served) notice under this Article may be given to a pupil's parent by any other effective method. Duty of board to prepare plan relating to children with

behavioural difficulties
    
6.  - (1) Every board shall prepare a statement setting out the arrangements made or proposed to be made by the board in connection with the education of children with behavioural difficulties.

    (2) The arrangements to be covered by the statement include in particular - 

    (3) The statement shall also deal with the interaction between the arrangements referred to in paragraph (2) and those made by the board in relation to pupils with behavioural difficulties who have special educational needs.

    (4) A board - 

    (5) In the course of preparing the statement or reviewing it a board shall consult - 

    (6) A board shall - 

    (7) In discharging its functions under this Article a board shall have regard to any guidance given from time to time by the Department.



PART III

ASSESSMENT AND PUPILS' PERFORMANCE



CHAPTER I

BASELINE ASSESSMENTS

Introductory
    
7.  - (1) In this Chapter - 

    "baseline assessment" means the assessment of pupils in their first year of compulsory education for the purpose of assisting the future planning of their education and the measurement of their future educational achievements;

    "baseline assessment arrangements" means the arrangements specified in an order under Article 9(1);

    "school year" means a year ending on 31st July.

    (2) For the purposes of this Chapter the first year of compulsory education of a child is the school year in which he attains the lower limit of compulsory school age.

Assessment of pupils in accordance with baseline assessment arrangements
    
8.  - (1) Subject to the following provisions of this Article, all pupils at a primary school who are in their first year of compulsory education must be assessed in accordance with the baseline assessment arrangements.

    (2) The assessment must be completed before the end of that first year.

    (3) Paragraph (1) does not apply to a pupil if it appears to the principal from a record of a previous assessment under that paragraph that such an assessment has already been carried out in relation to that pupil at another school.

    (4) Regulations may enable the principal of a primary school, in such cases or circumstances and subject to such conditions as may be prescribed, to direct - 

    (5) The special educational provision for any pupil specified in a statement under Article 16 of the Education (Northern Ireland) Order 1996 of his special educational needs may include provision directing - 

    (6) Where the principal gives a direction under regulations made under paragraph (4) he shall - 

    (7) The matters referred to in paragraph (6) are - 

    (8) In relation to any primary school, it shall be the duty of - 

    (9) It shall be the duty of - 

    (10) The Department may by regulations provide that the preceding provisions of this Article - 

Baseline assessment arrangements
    
9.  - (1) The Department shall by order specify the arrangements for baseline assessment.

    (2) An order under paragraph (1) may, instead of containing the provision to be made, refer to provisions in an approved document and direct that those provisions are to have effect or, as the case may be, are to have effect as amended by the order.

    (3) In paragraph (2) "approved document" means a document which has been - 

    (4) It shall be the duty of the Council to send to the Board of Governors of every primary school with pupils who are required to be assessed under Article 8 a copy of every document published by it under paragraph (3)(c).

    (5) An order under paragraph (1) may impose such duties on - 



CHAPTER II

ASSESSMENT ARRANGEMENTS AND PUPILS' PERFORMANCE

Assessment arrangements

Assessment arrangements
    
10. In Article 7 of the 1989 Order for paragraph (6) (orders specifying assessment arrangements) there shall be substituted - 

        " (6) An order under paragraph (1)(b) may, instead of containing the provision to be made, refer to provisions in an approved document and direct that those provisions are to have effect or, as the case may be, are to have effect as amended by the order.

        (7) In paragraph (6) "approved document" means a document which has been - 

      (a) prepared by the Northern Ireland Council for the Curriculum, Examinations and Assessment ("the Council");

      (b) approved by the Department; and

      (c) published by the Council.

        (8) It shall be the duty of the Council to send to the Board of Governors of every grant-aided school which appears to the Council to be affected a copy of every document published by it under paragraph (7)(c).

        (9) An order under paragraph (1)(b) may impose such duties on the Boards of Governors and principals of grant-aided schools as appear to the Department to be necessary or expedient for the purpose of implementing the assessment arrangements specified by the order.".

Pupils' performance

School performance targets
    
11.  - (1) The Department may by regulations make such provision as it considers appropriate for requiring the Boards of Governors of grant-aided schools to secure that annual targets are set in respect of the performance of pupils at such schools - 

    (a) in public examinations or in assessments conducted under Article 6(3) of the 1989 Order at or near the end of key stages 1, 2 and 3, in the case of pupils of compulsory school age; and

    (b) in public examinations or in connection with the attainment of other academic or vocational qualifications, in the case of pupils of any age over that age.

    (2) Regulations under this Article may require - 

    (a) such targets; and

    (b) the past performance of pupils in the particular examinations or assessments, or in connection with the attainment of the particular qualifications, to which such targets relate, to be published in such manner as is specified in the regulations.

    (3) Before making any regulations under this Article the Department shall consult - 

    (a) the boards;

    (b) the Council for Catholic Maintained Schools;

    (c) the Board of Governors and principal of every grant-aided school appearing to it to be affected; and

    (d) any other person with whom consultation appears to it to be desirable.

    (4) This Article does not apply to - 

    (a) a school established in a hospital; or

    (b) a school of such class or description as may be specified in regulations under this Article.

Provision of information on individual performance of pupils
    
12.  - (1) The Department may by regulations make provision requiring the Board of Governors of each grant-aided school to provide to the Department such individual performance information relating to pupils or former pupils at the school as may be prescribed.

    (2) In this Article "individual performance information" means information about the performance of individual pupils (identified in the prescribed manner) - 

    (3) The Department may provide any information received by it under paragraph (1) - 

    (4) Any body or person holding any individual performance information may provide that information to any body to which this paragraph applies; and any body to which this paragraph applies - 

    (5) Paragraph (4) applies to any body which, for the purposes of or in connection with the functions of the Department relating to education, is responsible for collating or checking information relating to the performance of pupils - 

    (6) No individual performance information received under this Article shall be published in any form which includes the name of the pupil or pupils to whom it relates.

    (7) References in this Article to the attainment of a qualification of any description include references to the completion of any module or part of a course leading to any such qualification.



 
  © Crown copyright 1998
Prepared 26 August 1998

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URL: http://www.bailii.org/nie/legis/num_orders/1998/19981759(02).html