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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> Education (Northern Ireland) Order 1998 (N.I. 13) URL: http://www.bailii.org/nie/legis/num_orders/1998/19981759(02).html |
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Statutory Instruments 1998 No. 1759 The Education (Northern Ireland) Order 1998 - continued |
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: - 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 -
(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.
(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. 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 -
(b) before making or revising that statement -
(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 -
(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 -
(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 -
(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 -
(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.
(b) causing personal injury to, or damage to the property of, any person (including the pupil himself); or (c) engaging in any behaviour prejudicial to the maintenance of good order and discipline at the school or among any of its pupils, whether that behaviour occurs during a teaching session or otherwise.
(2) Paragraph (1) applies where a member of the staff of a grant-aided school is -
(b) elsewhere at a time when, as a member of its staff, he has lawful control or charge of the pupil concerned; but it does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of Article 49A of the 1986 Order.
(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.
Detention of pupil outside school hours
(b) has not attained the age of 18.
(3) The conditions referred to in paragraph (1) are as follows -
(ii) taken steps to bring to the attention of the parent of every person who is for the time being a pupil there, that the detention of pupils after the end of a school session is one of the measures that may be taken with a view to regulating the conduct of pupils;
(b) the detention must be imposed by the principal or by another teacher at the school specifically or generally authorised by him for the purpose;
(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 -
(b) any special circumstances relevant to its imposition on the pupil which are known to the person imposing it (or of which he ought reasonably to be aware) including in particular -
(ii) any special educational needs he may have; (iii) any religious requirements affecting him; and (iv) where arrangements have to be made for him to travel from the school to his home, whether suitable alternative arrangements can reasonably be made by his parent.
(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
(ii) assisting such schools to deal with general behavioural problems and the behavioural difficulties of individual pupils;
(b) the arrangements made or to be made by the board in pursuance of Article 86(1); and
(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.
(b) may at any time revise the statement.
(5) In the course of preparing the statement or reviewing it a board shall consult -
(b) the Board of Governors of all grant-aided schools situated in its area; (c) the Council for Catholic Maintained Schools; and (d) such other bodies or persons as the board considers appropriate.
(6) A board shall -
(b) send a copy of the current statement to the Board of Governors of every grant-aided school situated in its area; and (c) secure that copies of the current statement are available for inspection (at all reasonable times and free of charge) at the headquarters of the board.
(7) In discharging its functions under this Article a board shall have regard to any guidance given from time to time by the Department. Introductory 7. - (1) In this Chapter -
(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.
(b) that, for the purposes of the assessment under that paragraph of a particular pupil at the school, the baseline assessment arrangements are to have effect with such modifications as are specified in the direction.
(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 -
(b) that, for the purposes of the assessment under that paragraph of that pupil, the baseline assessment arrangements are to have effect with such modifications as are specified in the direction.
(6) Where the principal gives a direction under regulations made under paragraph (4) he shall -
(b) take such steps as are prescribed to notify the parent of the pupil concerned of those matters.
(7) The matters referred to in paragraph (6) are -
(b) in the case of a direction under paragraph (4)(b), the effect of the modifications specified in the direction; (c) whether the direction is to have permanent effect (and, if not, the period for which it is to have effect).
(8) In relation to any primary school, it shall be the duty of -
(b) the principal to secure, that paragraph (1) is complied with.
(9) It shall be the duty of -
(b) the Council for Catholic Maintained Schools in relation to Catholic maintained schools, to exercise their functions with a view to ensuring that the Boards of Governors and principals of primary schools are in a position to fulfil their duty under paragraph (8).
(10) The Department may by regulations provide that the preceding provisions of this Article -
(b) shall not apply, in such circumstances as may be prescribed.
Baseline assessment arrangements
(b) approved by the Department; and (c) published by the Council.
(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).
(b) the Council, as appear to the Department to be necessary or expedient for the purpose of implementing the arrangements specified by the order.
Assessment arrangements 10. In Article 7 of the 1989 Order for paragraph (6) (orders specifying assessment arrangements) there shall be substituted -
(7) In paragraph (6) "approved document" means a document which has been -
(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).
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 -
(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 -
(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 -
(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 -
(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
(ii) under Article 8(1);
(b) in any prescribed public examination;
(3) The Department may provide any information received by it under paragraph (1) -
(b) to any body or person falling within a prescribed category.
(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 -
(ii) to the Board of Governors of the school attended by the pupil or pupils to whom the information relates; and
(b) may, at such times as the Department may determine, provide to any prescribed body such information received by it under this paragraph as may be prescribed.
(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 -
(b) in connection with the attainment of any qualification falling within paragraph (2)(c) or (d).
(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. |
© Crown copyright 1998 | Prepared 26 August 1998 |