Education (Jersey) Law 1999

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Jersey Law 27/1999

EDUCATION (JERSEY) LAW 1999

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ARRANGEMENT OF ARTICLES

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PART I
PRELIMINARY
1	Interpretation
2	Compulsory school age
3	Provided schools
4	Special educational needs etc.
5	Higher education
PART II
GENERAL
6	Duty of States to promote education
7	Duty of Committee to review the provision of school places
PART III
CHILDREN BELOW COMPULSORY SCHOOL AGE
8	Powers of Committee with respect to nursery schools and classes
9	Power of States to charge for a place in a nursery school or class
10	Power of Committee to give assistance
PART IV
CHILDREN OF COMPULSORY SCHOOL AGE
11	Duty of Committee with respect to child of compulsory school age
12	Duty of parent of child of compulsory school age
13	Education otherwise than at school
14	Education supervision orders
15	Parental right to choose school
16	Jersey Curriculum
17	Parental right to receive school report
18	Religious education in provided schools
19	Acts of worship in provided schools
20	Right of parent to withdraw pupil from religious education and acts of worship
21	Provision of premises for denominational religious instruction
22	Saving for teachers etc.
23	Provision of transport
24	Provision of clothing etc.
25	Cleanliness
26	Restriction of employment of children of compulsory school age
27	Fees
PART V
SPECIAL EDUCATIONAL NEEDS
28	Interpretation of Part V
29	Duty of Committee in relation to child with special educational needs
30	Power of Committee to require assessment
31	Parental rights in relation to special educational needs
32	Power to make Orders relating to children with special educational needs
PART VI
BEHAVIOUR AND DISCIPLINE
33	Purposes
34	Role of Committee
35	Duty of headteacher
36	Suspension and expulsion of pupils
PART VII
NON-PROVIDED SCHOOLS
37	Interpretation of Part VII
38	Register of non-provided schools
39	Requirement for registration
40	Application for registration
41	Notification of change in particulars
42	Reports and returns relating to registered schools
43	Removal and striking off from register
44	Appeals
45	Assistance for non-provided schools
PART VIII
PERSONS OVER COMPULSORY SCHOOL AGE
46	Duty of Committee to young persons
47	Duty of Committee with respect to higher and vocational education
48	Duty of Committee to review vocational education
49	Duty and power of Committee with respect to continuing education
50	Powers of Committee
51	Grants and loans
52	Vocational guidance
53	General duty of Committee under this Part
PART IX
ADMINISTRATIVE PROVISIONS
54	Duty of Committee to make available guidance etc.
55	Appointment of Director of Education
56	Teachers, etc.
57	Establishment of governing bodies
58	Power of Committee to delegate functions to governing body
59	Establishment etc. of Jersey Curriculum Council
60	Establishment etc. of Religious Education Advisory Council
61	Reports and returns
PART X
MISCELLANEOUS AND SUPPLEMENTAL
62	Medical and dental inspection
63	Power to compulsorily acquire land
64	Duty of Committee with respect to evaluation of schools
65	Supply of information by Registrar of births and deaths
66	Miscellaneous powers of the Committee
67	Determination of age
68	Regulations and Orders
69	Transitional arrangements, consequential amendments and repeals
70	Short title and commencement
FIRST SCHEDULE – Provided Schools
SECOND SCHEDULE – Courses of higher education
THIRD SCHEDULE – Effect of education supervision orders
FOURTH SCHEDULE – Governing bodies
FIFTH SCHEDULE – Jersey Curriculum Council
SIXTH SCHEDULE – Religious Education Advisory Council
SEVENTH SCHEDULE – Transitional arrangements
EIGHTH SCHEDULE – Amendment of enactments
NINTH SCHEDULE – Enactments repealed

EDUCATION (JERSEY) LAW 1999

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A LAW to consolidate and reform the law relating to education, and for related purposes, sanctioned by Order of Her Majesty in Council of the

12th day of OCTOBER 1999

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(Registered on the 5th day of November 1999)

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STATES OF JERSEY

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The 11th day of May 1999

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

PART I

PRELIMINARY

ARTICLE 1

Interpretation

(1) In this Law, unless the context otherwise requires –

“child” means a person who has not attained the age of nineteen years;

“the Committee” means the Education Committee;

“compulsory school age” and related terms shall be construed in accordance with Article 2;

“continuing education” means any education which contributes to the personal, intellectual, cultural and physical development of persons over compulsory school age who have completed their full-time education;

“the Court” means the Royal Court;

“education supervision order” means an order made under paragraph (1) of Article 14;

“headteacher” means headteacher or principal and includes a deputy or, in relation to a particular purpose or function, a person authorized by the headteacher or principal for that purpose or function;

“higher education” shall be construed in accordance with Article 5;

“Jersey Curriculum” means the curriculum established under Article 16;

“Jersey Curriculum Council” means the Council established under Article 59;

“medical officer” means the registered medical practitioner appointed by the Committee for the purposes of this Law;

“non-provided school” means a school which is not a provided school;

“nursery class” means a class in a primary school in which full or part-time education for children below compulsory school age is provided;

“nursery school” means an institution, other than a primary school, in which full or part-time education for children below compulsory school age is provided;

“parent”, in relation to any child, includes a guardian and every person who has the actual custody of the child;

“prescribed” means prescribed by Order made by the Committee;

“primary school” means a school in which there is mainly provided full-time education suitable to the requirements of children of compulsory school age who have not attained the age of twelve years;

“proprietor” means, in relation to any school, the person or body of persons responsible or proposing to be responsible for the management of the school;

“provided school” shall be construed in accordance with Article 3;

“pupil” means a child registered as a pupil in a school;

“registered medical practitioner” means a person registered as a medical practitioner under the Medical Practitioners (Registration) (Jersey) Law 1960;1

“Religious Education Advisory Council” means the Council established under Article 60;

“school” means any institution providing full or part time-education;

“school day” means, in relation to a child, any day on which the school at which he is a pupil is open for instruction;

“school term” means, in relation to a child, a term for the school at which he is, or is to be, a pupil;

“school year” means the period beginning on the first day of September in a year and ending on the thirty-first day of August in the following year or such other period as may be prescribed;

“secondary school” means a school in which there is mainly provided full-time education suitable to the requirements of children who have attained the age of twelve years;

“special educational needs”, “special educational provision” and “special school” shall be construed in accordance with Article 4;

“supervision order” means an order made under sub-paragraph (d) of paragraph (1) of Article 28 of the Children (Jersey) Law 1969;2

“supervisor” means a person under whose supervision a child is placed by an education supervision order;

“vocational education” means education and training intended to fit a person for a particular description of employment;

“vocational guidance” means advice and assistance given for the purpose of assisting persons to determine –

(a) what employments are suitable for them and available to them, having regard to their capabilities; and

(b) what education is required by them and available to them in order to fit them for those employments;

“young person” means a child who is over compulsory school age.

(2) Unless the context requires otherwise, a reference in this Law to a course of education, examination or qualification by name shall be construed as a reference to the course of education, examination or qualification of that name for the time being available in the United Kingdom.

(3) A reference in this Law to a Part, Article or Schedule by number only and without further identification is a reference to the Part, Article or Schedule of that number in this Law.

(4) A reference in an Article or other division of this Law to a paragraph, sub-paragraph or clause by number or letter only and without further identification is a reference to the paragraph, sub-paragraph or clause of that number or letter in the Article or other division of this Law in which the reference occurs.

(5) Unless the context requires otherwise, a reference in this Law to an enactment is a reference to that enactment as amended from time to time.

ARTICLE 2

Compulsory school age

(1) For the purposes of this Law, a child is of compulsory school age throughout the period beginning on the first day of the school term in which his fifth birthday falls and ending on the thirtieth day of June in the school year in which he attains the age of sixteen years, and the terms “below compulsory school age”, “upper limit of compulsory school age” and “over compulsory school age” shall be construed accordingly.

(2) For the purposes of this Article, the following periods in any school year are school terms –

(a) the period beginning on the first day of September and ending on the thirty-first day of December;

(b) the period beginning on the first day of January and ending on the thirtieth day of April; and

(3) The States may by Regulations amend paragraphs (1) and (2) for the purpose of altering the period of compulsory school age.

ARTICLE 3

Provided schools

(1) For the purposes of this Law, the schools listed in Part I of the First Schedule are provided schools.

(2) This Law applies in relation to any provided school specified in Part II of the First Schedule with such modifications as are specified in that Part in relation to that school.

(3) Without prejudice to paragraph (1), the States shall continue to have possession of and be responsible for the maintenance of the parish schools of the Island.

(4) The States may by Regulations amend the First Schedule.

ARTICLE 4

Special educational needs etc

(1) For the purposes of this Law, a child has “special educational needs” if he has a learning difficulty which calls for special educational provision to be made for him.

(2) For the purposes of this Law, subject to paragraph (3), a child has a “learning difficulty” if –

(a) he has a significantly greater difficulty in learning than the majority of children of his age;

(b) he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in provided schools; or

(c) he is below compulsory school age and is, or would be if special educational provision were not made for him, likely to fall within sub-paragraph (a) or (b) when he is of compulsory school age.

(3) A child is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.

(4) In this Law –

“special educational provision” means –

(a) in relation to a child who has attained the age of two years, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in provided schools (other than special schools); and

(b) in relation to a child under that age, educational provision of any kind; and

“special school” means a school which is specially organized to make special educational provision for pupils with special educational needs.

ARTICLE 5

Higher Education

(1) Higher education means education provided by means of a course of any description mentioned in the Second Schedule.

(2) The Committee may by Order amend the Second Schedule.

PART II

GENERAL

ARTICLE 6

Duty of States to promote education

The States shall promote the spiritual, moral, intellectual, cultural, social and physical development of the people of the Island and, in particular, of the children of the Island.

ARTICLE 7

Duty of Committee to review the provision of school places

(1) This Article applies in relation to schools providing education suitable to the needs of children of compulsory school age and young persons, and any reference in it to a school shall be construed accordingly.

(2) The Committee shall, from year to year –

(a) review the numbers of school places available, both in provided and non-provided schools; and

(b) assess the current and future requirements for provision of school places by reference to the ages and numbers of the children of the Island.

(3) Where it appears to the Committee that –

(a) a new provided school should be established;

(b) the character of a provided school should be altered; or

it shall consult upon the proposal in accordance with paragraphs (4) and (5).

(4) The Committee shall give notice of any proposal and the reasons for it to –

(a) the governing body continued or established by Part I of the Fourth Schedule (if any) of any school affected by it;

(b) teachers and other staff employed in any school affected by it, and any body representative of their interests;

(d) where the proposal affects a secondary school, the parents of any pupil at a primary school from which pupils ordinarily transfer to that secondary school.

(5) The Committee shall allow any body or person given notice of a proposal not less than two months in which to make representations to the Committee about the proposal.

(6) The Committee shall, not later than three months after the day on which the period allowed in accordance with paragraph (5) expires, report to the States upon the proposal.

(7) The Committee’s report to the States shall –

(a) state the proposal and the reasons for it;

(b) indicate any revision of the proposal having regard to representations made under paragraph (5);

(c) summarize any representation made under paragraph (5) which has not resulted in a revision of the proposal and the reason why no revision has been made; and

(d) the Committee’s recommendation in respect of the proposal.

(8) For the purposes of sub-paragraph (b) of paragraph (3), the character of a school is altered if –

(a) education begins or ceases to be provided in it for pupils above or below a particular age;

(b) education begins or ceases to be provided in it for girls as well as boys or vice versa;

(d) the school premises are significantly enlarged or altered, or the school transferred to a new site.

PART III

CHILDREN BELOW COMPULSORY SCHOOL AGE

ARTICLE 8

Powers of Committee with respect to nursery schools and classes

The Committee may establish nursery schools, and nursery classes in provided primary schools, and maintain any nursery school and nursery class established by it.

ARTICLE 9

Power of States to charge for a place in a nursery school or class

The States may by Regulations make provision for a fee to be charged for the attendance of a child below compulsory school age in a nursery school or nursery class established and maintained by the Committee.

ARTICLE 10

Power of Committee to give assistance

(1) The Committee may give financial or other assistance to any person receiving children below compulsory school age at premises registered under Article 68 of the Children (Jersey) Law 19693 for the purpose of promoting the provision of education for such children on those premises.

(2) Financial or other assistance may be given in such manner and subject to such conditions as the Committee thinks fit, having regard to the purpose expressed in paragraph (1).

PART IV

CHILDREN OF COMPULSORY SCHOOL AGE

ARTICLE 11

Duty of Committee with respect to child of compulsory school age

The Committee shall ensure that there is available to every child of compulsory school age full-time education appropriate to his age, ability and aptitude.

ARTICLE 12

Duty of parent of child of compulsory school age

(1) A parent of a child of compulsory school age shall ensure that he receives full-time education appropriate to his age, ability and aptitude, and any special educational needs he may have, either by regular attendance at a school at which he is a pupil or otherwise, in accordance with Article 13.

(2) For the purposes of this Article, a child shall not be deemed to have failed to attend regularly at the school at which he is a pupil by reason of his absence –

(a) with leave granted by the headteacher of the school;

(b) at any time when he is prevented from attending by reason of sickness or any unavoidable cause; or

(3) A parent who fails to comply with paragraph (1) shall be guilty of an offence and liable to a fine not exceeding level 2 on the standard scale.

ARTICLE 13

Education otherwise than at school

(1) A child of compulsory school age shall not receive full-time education otherwise than by regular attendance at school unless the arrangements made for his education have been approved by the Committee.

(2) The Committee shall approve arrangements made for the education of a child otherwise than at school if it is satisfied that the instruction to be received by the child is at least equal to the instruction that a child of the same age would receive in a provided school.

(3) Any approval may be given subject to such conditions as the Committee thinks fit and shall be withdrawn at any time when the Committee ceases to be satisfied as to the arrangements made for the child’s education.

(4) The Committee may cause a child educated otherwise than at school to be examined and his educational progress assessed from time to time.

ARTICLE 14

Education supervision orders

(1) Subject to paragraph (4), where the Court is satisfied that a child of compulsory school age is not receiving the education required by paragraph (1) of Article 12, it may make an order placing him under the supervision of an officer of the Committee.

(2) Where a child is a pupil at a school which he is not attending regularly then, unless it is proved that he is receiving the education required by paragraph (1) of Article 12, it shall be assumed that he is not.

(3) An application for an education supervision order shall be made by the Committee.

(4) No education supervision order may be made with respect to a child who is the subject of a supervision order.

(5) The Third Schedule makes further provision with respect to education supervision orders.

ARTICLE 15

Parental right to choose school

(1) The parent of a child aged below or of compulsory school age shall have the right to express a preference as to the provided school at which he wishes education to be provided for his child in the exercise of the Committee’s functions.

(2) Subject to paragraph (3), the Committee shall comply with any preference expressed pursuant to paragraph (1).

(3) The Committee shall not be required to comply with a preference if to do so would prejudice the provision of efficient education or the efficient use of resources.

ARTICLE 16

Jersey Curriculum

(1) The Committee shall, after consultation with the Jersey Curriculum Council –

(a) establish a basic curriculum for the education of children of compulsory school age, to be known as the Jersey Curriculum; and

(b) revise that Curriculum whenever they consider it necessary or expedient to do so.

(2) The Jersey Curriculum –

(a) shall specify –

(i) different stages in the education of a child of compulsory school age, by reference to the age of the child or by reference to the age of the majority of pupils in the class in which, in relation to a particular subject, he is regularly taught, and

(ii) subjects which a child must be taught at any particular stage in his education;

and

(b) may specify –

(i) a range or ranges of subjects that a child may elect, at any particular stage of his education, to be taught, and

(ii) cases in which all or any of its requirements are to be disapplied or modified.

(3) The Jersey Curriculum may also specify, in relation to any subject –

(a) the matters, skills and processes which must be taught to children of different abilities and maturities at any particular stage of their education;

(b) the minimum number of hours in the school year for which the subject must be taught at any particular stage in a child’s education;

(c) the knowledge, skills and understanding which children of different abilities and maturities are expected to have attained by the end of any particular stage in their education; and

(d) the arrangements for assessing children for the purpose of ascertaining the level of knowledge, skills and understanding they have attained by the end of any particular stage in their education.

(4) In discharging its duty under this Article, the Committee shall have regard to the need for the Jersey Curriculum to be balanced and broadly based, and to prepare children for the opportunities, responsibilities and experiences of adult life.

(5) The Committee shall cause the Jersey Curriculum to be made available in schools in which children of compulsory school age are educated and to parents of children of compulsory school age.

ARTICLE 17

Parental right to receive school report

(1) The parent of a pupil of compulsory school age in a provided school shall have the right to receive one written report in every school year in respect of his child’s education.

(2) The matters to which a report relates shall include the child’s progress in all subjects and activities undertaken by him at the school, and the report shall include the results of any assessments made in accordance with the requirements of the Jersey Curriculum.

(3) It shall be the duty of the headteacher of every provided school to ensure that the reports required under this Article in respect of the pupils in his school are made.

ARTICLE 18

Religious education in provided schools

Subject to Article 20, a pupil of compulsory school age in a provided school shall receive religious education in accordance with a syllabus approved by the Committee after consultation with the Religious Education Advisory Council.

ARTICLE 19

Acts of worship in provided schools

(1) Subject to Article 20, a pupil of compulsory school age in a provided school shall attend an act of worship on at least one school day in each week during the school term.

(2) The act of worship shall be broadly Christian in nature, but not distinctive of any particular religious denomination.

ARTICLE 20

Right of parent to withdraw pupil from religious education and acts of worship

(1) A parent of a pupil in a provided school may, on giving notice to the headteacher of the school, withdraw the pupil, either wholly or in part, from religious education or from acts of worship, or both.

(2) Where a headteacher receives notice under paragraph (1), he shall provide supervision of the pupil during the periods when the pupil would otherwise receive religious education or attend an act of worship.

ARTICLE 21

Provision of premises for denominational religious instruction

Where the Committee is satisfied that –

(a) a sufficient number of parents of pupils in a provided school want them to receive religious instruction in accordance with the tenets of a particular religious denomination; and

(b) satisfactory arrangements have been made for the provision of such instruction to those pupils; and

(d) the provision of such instruction will not operate to the detriment of other pupils in the school,

the Committee shall make premises available for the carrying out of those arrangements.

ARTICLE 22

Saving for teachers etc

(1) No person shall, by reason of his religious beliefs or his attending or omitting to attend religious worship, be disqualified from employment as a teacher in a provided school, or from being otherwise engaged for the purposes of such a school.

(2) No teacher in a provided school shall be in any way disadvantaged in his employment by reason of his religious beliefs or his attending or omitting to attend religious worship.

(3) No teacher in a provided school shall be required to give religious education, unless he was employed for the purpose of giving such education, or be in any way disadvantaged in his employment by reason of the fact that he does or does not give religious education.

ARTICLE 23

Provision of transport

(1) The Committee may make such arrangements for the provision of transport or otherwise as it considers appropriate for the purpose of facilitating the attendance at school of a pupil.

(2) The Committee may prescribe by Order, for the purposes of the arrangements referred to in paragraph (1) –

(a) the circumstances in which a fee will be charged for the provision of transport or other assistance; and

(b) the amount of any fee so charged.

ARTICLE 24

Provision of clothing etc

(1) Where it appears to the Committee that a child is unable, by reason of the inadequacy or unsuitability of his clothing or footwear, to take full advantage of the education provided at school, the Committee may, as it thinks fit, give him or provide him with the use of such article or articles of clothing or footwear as the Committee considers necessary for the purpose of ensuring that he is sufficiently and suitably clad while he remains a pupil.

(2) The Committee may require the parent of any child to whom clothing or footwear is given or provided for use to pay such sum, not exceeding the cost to the Committee in respect of it, as the Committee considers the parent able to pay without financial hardship.

ARTICLE 25

Cleanliness

(1) The headteacher of a provided school who suspects that a pupil of compulsory school age is infested with vermin or in a foul condition or suffering from an infectious disease may –

(a) direct that the pupil be excluded from school until the pupil’s parent provides confirmation from a registered medical practitioner that the pupil is free from any such condition; or

(b) request, in writing, the medical officer to cause the person and clothing of the pupil to be examined in the interests of cleanliness or to prevent the spread of infectious disease.

(2) Upon the receipt of a request made pursuant to sub-paragraph (b) of paragraph (1), the medical officer shall arrange for the pupil to be examined and notify the parent of the pupil of the arrangement.

(3) The parent of a pupil who is to be examined shall be entitled to attend the examination, but the examination shall not be delayed by reason that the parent is unable or unwilling to attend at the time and place for which the examination has been arranged.

(4) When a pupil has been examined, the medical officer shall report to the headteacher upon the condition and clothing of the pupil and, if the pupil has been found to be infested or in a foul condition or suffering from an infectious disease, the headteacher may direct that the pupil be excluded from school until such time as the condition has been remedied.

(5) A direction by the headteacher under sub-paragraph (a) of paragraph (1) or under paragraph (4) shall be a defence to any proceedings under this Law or any other enactment in respect of the failure of the child to attend school on any day on which he is excluded in pursuance of the direction, unless it is proved that the issue or continuance of the direction was necessitated by the wilful default of the child or his parent.

(6) No pupil shall be examined under the powers conferred by this Article except by a registered medical practitioner or by a person authorized for that purpose by the medical officer.

ARTICLE 26

Restriction of employment of children of compulsory school age

(1) Subject to paragraph (2), it shall be an offence for any person to employ a child of compulsory school age during the hours that the school at which he is a pupil is open for instruction.

(2) Paragraph (1) and any other enactment regulating the hours during which or the number of hours for which a child of compulsory school age may be employed on a school day shall not apply where the employment of the child is in pursuance of arrangements made or approved by the headteacher of the school at which he is a pupil for the purpose of providing that pupil with work experience.

(3) A person guilty of an offence under paragraph (1) shall be liable to a fine not exceeding level 2 on the standard scale.

(4) For the purposes of this Article, a child who assists in a trade or occupation carried on for profit shall be deemed to be employed notwithstanding that he receives no reward for his labour.

ARTICLE 27

Fees

No fees shall be charged for the provision of education forming part of the Jersey Curriculum or religious education forming part of the syllabus approved pursuant to Article 18 for a child of compulsory school age in a provided school during school hours.

PART V

SPECIAL EDUCATIONAL NEEDS

ARTICLE 28

Interpretation of Part V

In this Part, “child” does not include any young person who is not in full or part time education.

ARTICLE 29

Duty of Committee in relation to child with special educational needs

(1) The Committee shall ensure that the identity of every child who has special educational needs is determined, and the special educational provision required by him assessed from time to time.

(2) The Committee shall ensure that there is available to every child who has special educational needs the special educational provision required by him.

(3) The Committee shall ensure that, if the conditions described in paragraph (4) are satisfied, a child who has special educational needs shall be educated in a school which is not a special school, unless it is incompatible with the wish of his parent or, in the case of a child who has attained the age of sixteen years, his own wish.

(4) The conditions are that educating the child in a school which is not a special school is compatible with –

(a) his receiving the special educational provision which his learning difficulty calls for;

(b) the provision of efficient education for the children with whom he will be educated; and

ARTICLE 30

Power of Committee to require assessment

The Committee may cause any child who is believed or known by it to have special educational needs to be assessed as to his special educational needs and the special educational provision required by him.

ARTICLE 31

Parental rights in relation to special educational needs

(1) A parent of a child shall have the right to request an assessment of whether or not his child has special educational needs and, if the child has special educational needs, the special educational provision required by him.

(2) The parent of a child in relation to whom it is proposed to make an assessment of special educational needs and special educational provision shall have the right –

(a) except where the assessment is to be made at the request of the parent, to be notified of the proposal to make an assessment;

(b) to be informed about the procedure relating to the assessment;

(d) to make representations about and produce evidence for the purposes of the assessment;

(e) to be present at any examination of the child carried out for the purposes of the assessment;

(f) to be notified, in writing, of the results of the assessment;

(g) to appeal against any part of the results of the assessment.

(3) An appeal under sub-paragraph (g) of paragraph (2) shall be made to the Committee no later than 15 days after the parent is notified of the results of the assessment, and shall be determined by the Committee.

(4) The Committee may by Act delegate the power to receive and determine any appeal under sub-paragraph (g) of paragraph (2) to the Director of Education or to a panel of persons appointed by the Committee for the purpose subject to such conditions, exceptions or qualifications as it may specify in the Act.

ARTICLE 32

Power to make Orders relating to children with special educational needs

The Committee may by Order make provision facilitating the discharge of any duties and the exercise of any rights under this Part, including, but not by way of limitation, provision for –

(a) the procedures applicable to the determination of the special educational needs of a child and the assessment of the special educational provision required by him;

(b) the persons who are to determine the special educational needs of a child, and assess the special educational provision required by him;

(d) the circumstances in which a statement of special educational needs is required to be maintained in respect of a child;

(e) the preparation, content, distribution and retention of a statement of special educational needs;

(f) special educational provision otherwise than in a provided school, or otherwise than in the Island;

(g) enabling a child with special educational needs to be exempted from all or any part of the Jersey Curriculum;

(h) monitoring of and preparation of a report on a child with special educational needs by the school at which he is a pupil;

(j) the frequency of and procedure in relation to further assessments in respect of a child;

(k) the procedure applicable to any appeal under this Part; and

(l) funding and the payment of costs where special educational provision is made outside the Island.

PART VI

BEHAVIOUR AND DISCIPLINE

ARTICLE 33

Purposes

The purposes of this Part are –

(a) the promotion of self-discipline and proper regard for authority, the encouragement of good behaviour and respect for others and the property of others and the attainment of acceptable standards of behaviour among pupils; and

(b) the regulation of the conduct of pupils.

ARTICLE 34

Role of Committee

The Committee may issue to any provided school –

(a) a statement of general principles relating to the purposes of this Part;

(b) guidance in respect of any particular matter relating to the provisions of this Part.

ARTICLE 35

Duty of headteacher

(1) Every headteacher of a provided school shall determine –

(a) what is to be regarded as an acceptable standard of behaviour in the school; and

(b) measures including, as required, rules and provisions for enforcement, for the furtherance in the school of the purposes of this Part.

(2) Every headteacher of a provided school shall, in determining any measures –

(a) ensure that they are consistent with any statement of general principles issued under paragraph (a) of Article 34; and

(b) have regard to any guidance in respect of a particular matter issued under paragraph (b) of Article 34.

(3) Every headteacher of a provided school shall make any measures generally known within the school and amongst the parents of its pupils.

ARTICLE 36

Suspension and expulsion of pupils

(1) The power to suspend or expel a pupil from a provided school shall only be exercisable by the headteacher.

(2) The headteacher of a provided school may not suspend a pupil for a period of more than five days or an aggregate period of more than fifteen days in any school term without the agreement in writing of the Director of Education.

(3) The headteacher of a provided school may not expel a pupil without having obtained, firstly, the agreement in writing of the Director of Education and, secondly, if the Director of Education so agrees, the agreement in writing of the governing body of the school, if any.

PART VII

NON-PROVIDED SCHOOLS

ARTICLE 37

Interpretation of Part VII

In this Part “register” means the register maintained pursuant to paragraph (1) of Article 38, and “registered” and “registered school” shall be construed accordingly.

ARTICLE 38

(1) The Committee shall cause to be maintained a register in which there shall be entered non-provided schools in respect of which an application has been granted under Article 40.

(2) The following particulars shall be recorded in the register in respect of each such school –

(a) the name and address of the proprietor;

(b) the name of the headteacher;

(d) the age range of pupils the school is to accept; and

(e) such other information as the Committee may from time to time require.

(3) The register shall be open to public inspection at all reasonable times.

ARTICLE 39

Requirement for registration

(1) Subject to paragraph (2), any person who opens for instruction a non-provided school which is not registered shall be guilty of an offence.

(2) Paragraph (1) shall not apply to–

(a) any premises registered under Article 68 of the Children (Jersey) Law 1969;4 or

(b) any institution providing instruction in languages only for persons over compulsory school age or for persons who are not ordinarily resident in the Island.

(3) Any person who, being the proprietor of a non-provided school, does any act calculated to lead to the belief that the school is a registered school, when it is not, shall be guilty of an offence.

(4) A person guilty of an offence under paragraph (1) or (3) shall be liable to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding three months, or both.

ARTICLE 40

Application for registration

(1) The proprietor of a non-provided school may apply to the Committee for the school to be registered.

(2) An application for registration shall contain such information and be accompanied by such documents as the Committee require and such fee as may be prescribed.

(3) The Committee shall grant an application for registration if it is satisfied that –

(a) the school premises are suitable for use as such;

(b) the facilities provided at the school, both for general and educational purposes, are adequate and suitable, having regard to the number, ages and gender of pupils it is proposed to accept;

(c) efficient and suitable instruction will be provided at the school, having regard to the ages and gender of the pupils the school is to accept and, where the pupils are to be of compulsory school age, the requirements of the Jersey Curriculum will be fulfilled;

(d) the proprietor of the school is a proper person to be the proprietor of a non-provided school;

(e) any teacher proposed to be employed in the school is a proper person to be a teacher in any school; and

(f) a suitable code as to the matters described in sub-paragraphs (a) and (b) of paragraph (1) of Article 35 will be applied in the school.

(4) The Committee may grant an application for registration either unconditionally or subject to such conditions as it thinks fit.

(5) The Committee may from time to time impose or vary conditions of registration.

(6) In determining whether or not to grant an application for registration or to impose or vary conditions of registration, the Committee shall have regard to the need to ensure that the standards of premises, facilities, instruction and staff in the school are at least equal to the standards for the time being required in provided schools and that the code referred to in sub-paragraph (f) of paragraph (3) is consistent with any statement issued under paragraph (a) of Article 34 and has been determined with regard to any guidance issued under paragraph (b) of that Article.

ARTICLE 41

Notification of change in particulars

The proprietor of a registered school shall notify the Committee, in writing, of any change in the particulars recorded in the register in respect of the school within the period of fourteen days commencing on the day the change occurs.

ARTICLE 42

Reports and returns relating to registered schools

The proprietor of a registered school shall make such reports and returns, and give to the Committee such information relating to the school as the Committee may require for the purposes of the exercise of its functions under this Law.

ARTICLE 43

Removal and striking off from register

(1) The Committee shall remove a school from the register upon the application of the proprietor.

(2) Where it appears to the Committee –

(a) that, having regard to the need described in paragraph (6) of Article 40, a registered school is no longer satisfactory in respect of any of the matters described in paragraph (3) of that Article; or

(b) that there has been a failure to comply with any condition imposed pursuant to paragraph (4) or (5) of Article 40; or

it shall cause a notice of complaint to be served upon the proprietor.

(3) A notice of complaint shall specify –

(a) the nature of the complaint described in paragraph (2) and the matters on which it is founded;

(b) the steps which, in the opinion of the Committee, are necessary to remedy the matters complained of; and

(4) Where the Committee is satisfied that the matters complained of are so exceptional that the striking off of the school from the register should take effect notwithstanding that an appeal is made against the notice of complaint, the notice shall contain a statement to that effect.

(5) Except as provided in paragraph (6) of this Article and paragraph (3) of Article 44, if the requirements specified in a notice of complaint are not complied with, the school shall be struck off from the register on the expiry of the period specified pursuant to sub-paragraph (c) of paragraph (3).

(6) The Committee may, if it thinks fit, vary the steps, and extend the period of time specified in a notice of complaint.

ARTICLE 44

Appeals

(1) The proprietor of a school shall have a right to appeal to the Court against –

(a) the refusal of an application made under Article 40 to register the school;

(b) the imposition or variation of conditions of registration; or

(2) Any appeal under paragraph (1) must be made within 28 days of the day on which notice of the refusal, the grant subject to conditions, the imposition or variation of conditions or the complaint is served on the proprietor.

(3) Where an appeal under paragraph (1) is made in respect of a notice of complaint under Article 43, other than a notice containing the statement described in paragraph (4) of that Article, the striking off shall not take effect before the appeal is withdrawn or heard.

ARTICLE 45

Assistance for non-provided schools

The Committee may by Order make provision with respect to the advance of financial or other assistance to non-provided schools and, in particular, but without prejudice to the generality of the foregoing –

(a) the nature and extent of any assistance to be given;

(b) the circumstances in which and the conditions subject to which assistance may be given; and

PART VIII

PERSONS OVER COMPULSORY SCHOOL AGE

ARTICLE 46

Duty of Committee to young persons

The Committee shall ensure that there is available education appropriate to the reasonable needs of the generality of young persons, having regard to their different abilities and aptitudes.

ARTICLE 47

Duty of Committee with respect to higher and vocational education

The Committee shall facilitate attendance, in the Island or elsewhere, by any person who has not previously undertaken a course of higher or vocational education, on such a course of higher or vocational education as is appropriate to his abilities and aptitudes.

ARTICLE 48

Duty of Committee to review vocational education

(1) The Committee shall review, from year to year –

(a) the demand for vocational education; and

(b) after consultation with employers, current and future requirements for vocational education.

(2) The Committee may discharge the duty to consult with employers by requesting such body of persons as appear to it to have experience relevant to the exercise to carry out the consultation and report back to it.

ARTICLE 49

Duty and power of Committee with respect to continuing education

(1) The Committee shall promote the provision of continuing education.

(2) The Committee may make any facilities within its control available for the purposes of continuing education at any reasonable times when they are not otherwise in use.

ARTICLE 50

Powers of Committee

(1) In the discharge of its duties under Articles 46 to 49, the Committee may –

(a) provide education; and

(b) give financial or other assistance to persons providing education.

(2) The Committee may secure the provision of any description of education referred to in this Part for persons to whom the duty imposed on the Committee in respect of that education does not extend.

(3) The Committee may charge a fee for –

(a) the provision of education for persons over compulsory school age; and

(b) making facilities available for the purposes of continuing education.

ARTICLE 51

Grants and loans

The Committee may by Order make provision with respect to the advance of financial assistance to persons over compulsory school age attending courses of education, and, in particular, but without prejudice to the generality of the foregoing –

(a) the advance of financial assistance by way of mandatory or discretionary grant or loan;

(b) the amount of grant or loan available to an applicant;

(d) the grounds for entitlement to assistance, including the age, educational qualifications and financial status of the applicant, and the financial status of his parent;

(e) in the case of a grant, the conditions subject to which it is given, including the amount of any contribution that the applicant or the applicant’s parent is required to make; and

(f) in the case of a loan, the conditions subject to which it is given, the rate of interest applicable to the loan (if any), the time and manner in which repayments are to be made and the circumstances (if any) in which the borrower’s liability for the loan may be deferred or cancelled.

ARTICLE 52

Vocational guidance

(1) The Committee may provide, participate in the provision of, or give financial or other assistance to persons providing, vocational guidance.

(2) Provision may be made or assistance given under paragraph (1) on such terms and in such manner as the Committee thinks fit.

ARTICLE 53

General duty of Committee under this Part

The Committee shall discharge its duties and exercise its powers under this Part so as to make the most efficient use of the resources available to it and, in particular, to avoid provision which might give rise to disproportionate expenditure.

PART IX

ADMINISTRATIVE PROVISIONS

ARTICLE 54

Duty of Committee to make available guidance etc.

(1) The Committee shall cause to be made available –

(a) information concerning the manner in which the Committee’s duties under this Law are to be discharged; and

(b) guidance concerning the manner in which the Committee’s functions under this Law are to be exercised.

(2) The information and guidance described in paragraph (1) shall be made available to schools to which and to parents of children to whom it relates.

ARTICLE 55

Appointment of Director of Education

There shall be appointed by the Establishment Committee a person to be known as the Director of Education, who shall carry out such duties as are assigned to him by the Education Committee.

ARTICLE 56

Teachers, etc

(1) The Committee may employ such teachers and other staff as may be required for the purpose of giving effect to this Law.

(2) A teacher or other member of staff employed by the Committee to work within a particular provided school shall be accountable to the headteacher and governing body, if any, of the school as well as to the Committee.

ARTICLE 57

Establishment of governing bodies

(1) Part I of the Fourth Schedule shall have effect to establish or continue governing bodies for such provided schools or descriptions of provided schools as are specified in it.

(2) Part II of the Fourth Schedule shall have effect for the purpose of the constitution and procedures of any governing body established or continued by Part I of that Schedule.

(3) Part III of the Fourth Schedule shall have effect to impose duties and functions and confer powers on governing bodies established or continued by Part I of that Schedule.

(4) Part IV of the Fourth Schedule shall have effect to impose duties on a headteacher in relation to a governing body established or continued by Part I of that Schedule.

(5) Part V of the Fourth Schedule shall have effect to modify Parts II to IV of that Schedule in their application to such schools and their governing bodies as are specified in that Part.

(6) Subject to paragraph (7), the Committee may by Order amend the Fourth Schedule.

(7) Before making an Order amending Part I of the Fourth Schedule, the Committee shall consult upon the proposed Order with –

(a) any governing body affected by the Order;

(b) the teachers and other staff employed in any school affected by the Order and any body representative of their interests;

(d) where the Order affects a secondary school, the parents of any pupil at a primary school from which pupils ordinarily transfer to that secondary school.

(8) The Committee shall allow any body or person consulted pursuant to paragraph (7) not less than two months in which to make representations.

ARTICLE 58

Power of Committee to delegate functions to governing body

(1) The Committee may by Order delegate to a governing body of a school, either wholly or partly, and subject to such conditions, exceptions or qualifications as the Committee think fit, any of the functions of the Committee in relation to that school, excluding any power to pass an enactment.

(2) Before making an Order under paragraph (1), the Committee shall consult upon the proposed Order with –

(a) any governing body affected by the Order;

(b) the teachers and other staff employed in any school affected by the Order and any body representative of their interests;

(d) where the Order affects a secondary school, the parents of pupils at a primary school from which pupils ordinarily transfer to that secondary school.

(3) The Committee shall allow any body or person consulted pursuant to paragraph (2) not less than two months in which to make representations.

(4) The delegation of any functions by the Committee under this Article does not prevent the exercise of those functions by the Committee itself.

ARTICLE 59

Establishment etc. of Jersey Curriculum Council

The Fifth Schedule shall have effect for the purpose of the establishment, membership, constitution, duties, functions, powers and funding of a Jersey Curriculum Council.

ARTICLE 60

Establishment etc. of Religious Education Advisory Council

The Sixth Schedule shall have effect for the purpose of the establishment, membership, constitution, duties, functions, powers and funding of a Religious Education Advisory Council.

ARTICLE 61

Reports and returns

Every headteacher of a provided school shall make to the Committee such reports and returns and give to the Committee such information relating to the school as the Committee may require for the purposes of the exercise of its functions under this Law.

PART X

MISCELLANEOUS AND SUPPLEMENTAL

ARTICLE 62

Medical and dental inspection

(1) The Committee shall make facilities available in provided schools for the medical and dental inspection of children and may make facilities available for the medical and dental treatment of children.

(2) Subject to paragraph (3), the Committee shall make arrangements for encouraging and assisting children to take advantage of any medical and dental inspection and treatment provided.

(3) The Committee shall not make such arrangements in relation to a child whose parent has given notice to it, or, where the child is a pupil in a provided school, to the headteacher of that school, that he objects to the child availing himself of such inspection or treatment.

ARTICLE 63

Power to compulsorily acquire land

(1) The States may acquire land by compulsory purchase on behalf of the public for the purposes of this Law, in accordance with the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961.

(2) The power to acquire land by compulsory purchase conferred by paragraph (1) shall include the power to –

(a) acquire any interest in land or a servitude or other right in, on or over land by the creation of a new interest, servitude or right; and

(b) extinguish or modify any interest in land or a servitude or other right in, on or over land.

(3) For the purposes of this Article, “land” means any corporeal hereditament, including a building and land covered with water and also includes any interest in land or water and servitudes or rights in, on or over land or water.

ARTICLE 64

Duty of Committee with respect to evaluation of schools

(1) The Committee shall cause every school in the Island to be evaluated, so often as the Committee considers appropriate, as to the quality of education provided by it and the educational standards achieved in it.

(2) An evaluation pursuant to paragraph (1) shall be made by a person authorized for the purpose by the Committee, being a person who appears to the Committee to be suitably qualified for the purpose.

(3) A person authorized by the Committee to carry out an evaluation of a school shall have, at all reasonable times –

(a) a right of entry to the premises of the school concerned; and

(b) a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he requires for the purposes of the evaluation.

ARTICLE 65

Supply of information by Registrar of births and deaths

(1) The Superintendent Registrar or his Deputy, or a Registrar or his Deputy, shall supply to the Committee, free of charge, such particulars of the entries in any register of births and any register of deaths in his custody as the Committee may from time to time require in the discharge of its duties and functions under this Law.

(2) In this Article, the expressions “Superintendent Registrar”, “Registrar” and “Deputy” mean such a person appointed in pursuance of the “Loi (1842) sur l’Etat Civil”,5 and the expression “any register of births and any register of deaths” means any such registers maintained pursuant to that Law.

ARTICLE 66

Miscellaneous powers of the Committee

The Committee may –

(a) enter into an agreement with an education authority outside the Island for the purpose of the performance of its duties under this Law;

(b) accept, hold and administer any property upon trust for purposes connected with education;

(c) make such provision for conducting or assisting the conduct of research as appears to the Committee to be desirable for the purpose of improving the educational facilities provided for the Island; and

(d) organize, or participate in the organization of, conferences for the discussion of questions relating to education and expend such sums as may be reasonable in paying for or contributing towards any expenditure incurred in connection with conferences for the discussion of such questions, including the expenses of any person authorized by them to attend any such conference.

ARTICLE 67

Determination of age

Where the age of any person at any time is material for the purpose of any provision of this Law relating to proceedings in any court, his age at the material time shall be deemed to be or to have been that which appears to the court, after hearing any available evidence, to be or to have been his age at that time.

ARTICLE 68

Regulations and Orders

(1) Any Regulations or Order made under this Law may –

(a) make different provision for different cases; and

(b) contain such transitional, consequential, incidental and supplementary provisions as appear to the States or the Committee, as the case may be, to be necessary or expedient for the purposes of the Regulations or Order.

(2) The Committee may by Order prescribe anything which may be prescribed under this Law.

(3) The Subordinate Legislation (Jersey) Law 19606 shall apply to Orders made under this Law.

ARTICLE 69

Transitional arrangements, consequential amendments and repeals

(1) The Seventh Schedule makes transitional arrangements relating to the coming into force of this Law.

(2) The enactments specified in the Eighth Schedule shall be amended in accordance with that Schedule.

(3) The enactments specified in column 1 of the Ninth Schedule are repealed to the extent specified in column 2 of that Schedule.

ARTICLE 70

Short title and commencement

This Law may be cited as the Education (Jersey) Law 1999 and shall come into force on such day as the States may by Act appoint, and different days may be appointed for different purposes or different provisions of this Law.

C.M. NEWCOMBE

Deputy Greffier of the States.

FIRST SCHEDULE

(Article 3)

PROVIDED SCHOOLS

PART I

(Article 3(1))

Provided Schools

Bel Royal Primary School

d’Hautrée House School

First Tower Primary School

Grainville Secondary School

Grands Vaux Primary School

Grouville Primary School

Haute Vallée Secondary School

Hautlieu School

Highlands College

Janvrin Primary School

Jersey College for Girls

Jersey College for Girls Preparatory School

La Moye Primary School

La Pouquelaye Primary School

Le Rocquier Secondary School

Le Squez Primary School

Les Chênes Residential School

Les Landes Primary School

Les Quennevais Secondary School

Mont à l’Abbé School

Mont Nicolle Primary School

Plat Douet Primary School

Rouge Bouillon Primary School

Springfield Primary School

St. Clement Primary School

St. James’ School

St. John Primary School

St. Lawrence Primary School

St. Luke Primary School

St. Mark Primary School

St. Martin Primary School

St. Mary Primary School

St. Peter Primary School

St. Saviour Primary School

Trinity Primary School

Victoria College

Victoria College Preparatory School

PART II

(Article 3(2))

Modifications of the Law in relation to specified provided schools

1. In this Part of this Schedule –

“fee paying provided schools” means Victoria College, Victoria College Preparatory School, Jersey College for Girls and Jersey College for Girls Preparatory School.

2. In the application of this Law in relation to the fee paying provided schools, Articles 15 and 27 shall not have effect.

SECOND SCHEDULE

(Article 5(1))

Courses of higher education

1. The descriptions of courses referred to in Article 5 are the following –

(a) a course for the further training of teachers or youth and community workers;

(b) a post-graduate course (including a higher degree course);

(d) a course for the Diploma of Higher Education;

(e) a course for the Higher National Diploma or Higher National Certificate or the Diploma in Management Studies;

(f) a course for the Certificate in Education;

(g) a course in preparation for a professional examination at a higher level;

(h) a course providing education at a higher level, whether or not in preparation for an examination.

2. For the purposes of sub-paragraph (g) of paragraph 1, a professional examination is at a higher level if its standard is higher than the standard of examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma.

3. For the purposes of sub-paragraph (h) of paragraph 1, a course is to be regarded as providing education at a higher level if the standard is higher than the standard of courses providing education in preparation for any of the examinations mentioned in paragraph 2.

THIRD SCHEDULE

(Article 14(5))

Effect of education supervision orders

1.-(1) Where an education supervision order is in force with respect to a child, it shall be the duty of the supervisor –

(a) to advise, assist and befriend and give directions to the child and his parents in such a way as will, in the opinion of the supervisor, secure that the child is properly educated; and

(b) where any such directions given to the child or a parent of his have not been complied with, to consider what further steps to take in the exercise of the supervisor’s powers under this Law.

(2) Before giving any directions under sub-paragraph (1), the supervisor shall, so far as is reasonably practical, ascertain the wishes and feelings of the child and his parents, including, in particular, their wishes as to the place at which the child should be educated.

(3) When settling the terms of any such directions, the supervisor shall give due consideration –

(a) having regard to the child’s age and understanding, to such wishes and feelings of his as the supervisor has been able to ascertain; and

(b) to such wishes and feelings of the child’s parents as he has been able to ascertain.

(4) Directions may be given under this paragraph at any time while the education supervision order remains in force.

2. Where an education supervision order is in force with respect to a child, the duties of the child’s parents under Article 12 shall be superseded by their duty to comply with any directions in force under the education supervision order.

3.-(1) This paragraph applies where an education supervision order and a supervision order are in force at the same time with respect to the same child.

(2) Any failure to comply with a direction given by the supervisor under the education supervision order shall be disregarded if it would not have been reasonably practicable to comply with it without failing to comply with a direction given under the supervision order.

4.-(1) An education supervision order shall have effect for a period of one year, beginning with the date on which it is made.

(2) An education supervision order shall not expire if, before it would otherwise have expired, the Court has, on the application of the Committee, extended the period during which it is in force by a further period of up to three years.

(3) The application referred to in sub-paragraph (2) may not be made earlier than three months before the date on which the order would otherwise expire.

(4) The period during which an education supervision order is in force may be extended under sub-paragraph (2) on more than one occasion.

(5) Notwithstanding the foregoing provisions of this paragraph, an education supervision order shall cease to have effect when –

(a) the child attains the upper limit of compulsory school age; or

(b) an order is made under the Children (Jersey) Law 19697 committing the child to the care of a fit person.

5. The parent of a child with respect to whom an education supervision order is in force shall –

(a) if asked by the supervisor, inform him of the child’s address (if known to the parent); and

(b) if the child is living with him, allow the supervisor reasonable contact with the child.

6.-(1) The Court may discharge an education supervision order on the application of the child to whom it relates, his parent or the Committee.

(2) Before discharging an education supervision order, the Court may direct the Committee to investigate the circumstances of the child.

7.-(1) The parent of a child in relation to whom an education supervision order is in force shall be guilty of an offence if he or the child persistently fails to comply with a direction given under the order.

(2) It shall be a defence for any person charged with an offence under sub-paragraph (1) to prove that –

(a) he took all reasonable steps to ensure that the direction was complied with;

(b) the direction was unreasonable; or

(i) a requirement included in a supervision order, or

(ii) directions given under such a requirement,

and that it was not reasonably practical to comply both with the direction in relation to which he is charged with an offence and with the requirement or directions given under the supervision order.

(3) A person guilty of an offence under this paragraph shall be liable to a fine not exceeding level 2 on the standard scale.

FOURTH SCHEDULE

(Article 57)

GOVERNING BODIES

PART I

(Article 57(1))

Continuation or establishment of governing bodies

1. The governing bodies in existence immediately before this paragraph comes into force for the schools described below shall continue in existence as if they had been established under this Law, that is to say for –

(a) each secondary school which is a provided school, excluding Victoria College; and

(b) Les Chênes Residential School.

2. The governing body for Jersey College for Girls continued by paragraph 1 shall also be the governing body for Jersey College for Girls Preparatory School.

3. There shall be established under this Law one governing body for both Victoria College and Victoria College Preparatory School.

PART II

(Article 57(2))

Constitution and proceedings of governing body

4. A governing body shall be a body corporate.

5.-(1) A governing body of a school shall consist of –

(a) for each school for which it is the governing body, two persons, each of whom is the parent of a pupil in that school, elected by the parents of the pupils in that school and each referred to in this Schedule as a “parent governor”;

(b) one Committee member or other person, for the time being nominated by the Committee, and referred to in this Schedule as “the nominated governor”;

(c) for each school for which it is the governing body, one member of the staff of the school elected by the staff, and referred to in this Schedule as a “staff governor”; and

(d) three or more persons co-opted by the persons holding office pursuant to clauses (a) to (c), and each referred to in this Schedule as an “invited governor”.

(2) A parent governor, a staff governor and an invited governor shall hold office as a governor for three years save that, when the governing body is established, of the first persons elected or co-opted to it as governors –

(a) half of the parent governors shall be elected to hold office for a period of one year and the other half shall be elected to hold office for a period of three years;

(b) a staff governor shall hold office for a period of two years; and

(3) Subject to sub-paragraph (4), the members of the governing body shall each year elect from among their number a chairman and vice-chairman.

(4) A staff governor shall not be eligible to be chairman or vice-chairman.

(5) A person who vacates the office of governor, chairman or vice-chairman shall be eligible for re-election, nomination or co-option, as the case may be.

(6) It shall be the duty of a headteacher to conduct any election within his school of a parent governor or a staff governor, in accordance with guidance issued by the Committee.

6.-(1) No person may be, without the approval of the Committee, a member of more than one governing body.

(2) A staff governor shall be disqualified for continuing to hold such office upon his ceasing to be a member of the staff of the school by which he was elected.

(3) A governor may resign by tendering his resignation, in writing, to the chairman.

(4) A governor may be removed from office by the other members of the governing body if, without the prior agreement of the chairman, he fails to attend two consecutive meetings of the governing body.

(5) Subject to sub-paragraph (6), a governor may, for good and urgent cause, be suspended or removed from office by the other members of the governing body or by the Committee.

(6) The members of a governing body may not suspend or remove the nominated governor.

(7) Where the Committee removes from office all of the members of a governing body, other than the nominated governor, it shall –

(a) make such arrangements as may be necessary for the formation of a new governing body; and

(b) report the removal to the States.

7.-(1) A governing body shall meet at least once in every term of the school.

(2) Every meeting of a governing body may be attended by –

(a) the Director of Education or a person nominated by him for the purpose; and

(b) subject to sub-paragraph (3), each headteacher of a school for which it is the governing body.

(3) A headteacher may be required by the governing body to withdraw when the governing body is discussing any matter concerning the terms and conditions of his employment, including his remuneration, or any disciplinary matter which concerns him.

(4) Subject to sub-paragraph (5), each member of a governing body shall have a vote on any decision, and the decision shall be determined by a simple majority.

(5) A staff governor may be required by the other members of the governing body to withdraw when the governing body is discussing any matter concerning the appointment and the terms and conditions of employment, including the remuneration, of or any disciplinary matter concerning, all or any of the members of the staff, including the headteacher, of the school of which he is a member of staff and shall not have a vote on any decision concerning such a matter.

(6) Except as expressly provided in this Schedule, a governing body may establish its own procedures.

8. The members of a governing body shall not be entitled to any remuneration, but the reasonable expenses of the governing body and its members shall be defrayed out of the budget for the school.

PART III

(Article 57(3))

Functions of governing body

9.-(1) It shall be the duty of the governing body of a school to ensure that the requirements of this Law and any other enactment, and the procedures established by and policies of the Committee are complied with and given effect within the school.

(2) It shall be the duty of a governing body to perform any function delegated to it under Article 58.

10.-(1) The governing body of a school shall, in accordance with the appointments procedures and policies of the Committee, assist the Committee in the appointment of members of the staff of the school pursuant to Article 56.

(2) The governing body of a school shall, in accordance with the grievances procedures and policies of the Committee, hear and seek to resolve any grievance of a member of the staff of the school.

(3) The governing body shall, in accordance with the disciplinary procedures and policies of the Committee, consider the case of any member of the staff of the school whose conduct or performance is unsatisfactory or falls below the standard required of him, and may issue a formal reprimand to the member of the staff or recommend to the Committee his suspension or dismissal.

11. The governing body of a school shall for each year, in accordance with the procedures established by and policies of the Committee, plan the expenditure for the school.

12. The governing body of a school shall keep under review the extent to which the school is achieving the aims and objectives expressed in any statement prepared by the headteacher for it.

13.-(1) The governing body of a school shall, within the first term of that school in each year, prepare a report containing the following information –

(a) the names and terms of office of the governors, and the capacity in which they hold office;

(b) the dates of meetings held by the governing body within the preceding year and a summary of decisions taken by the governing body;

(d) the names and job titles of the members of the staff of the school;

(e) a summary of the public examination results of pupils in the school within the preceding year;

(f) a summary of the school attendance record of the pupils in the school within the preceding year;

(g) a summary of the discipline and behaviour record of the pupils in the school within the preceding year; and

(h) details of how to make representations to the governing body.

(2) The report described in sub-paragraph (1) shall be submitted to the Committee and made available to parents of pupils in the school and the members of the staff of the school.

PART IV

(Article 57(4))

Duty of headteacher in relation to the governing body

14. The headteacher of a school shall attend a meeting of the governing body when required by the governing body to do so.

15. The headteacher of a school shall co-operate with and provide the governing body with such information as it may require for the discharge of its duties under Part III of this Schedule including the performance of any function delegated to the governing body under Article 58.

16. The headteacher of a school shall consult with the governing body on and secure its agreement to any statement that he is required to prepare of the aims and objectives of the school.

17.-(1) In the discharge of his duty under Article 35, the headteacher shall consult with the governing body on and secure its agreement to the standards and measures determined by him pursuant to that Article.

(2) The headteacher shall report to the governing body the exclusion of any pupil pursuant to Article 25 or the suspension of any pupil pursuant to Article 36.

18. The headteacher shall provide, within the school, such secretarial services, accommodation and facilities as the governing body may reasonably require for its meetings.

PART V

(Article 57(5))

Modifications applicable to specified schools and their governing bodies

19.-(1) Parts II to IV of this Schedule shall apply in relation to Jersey College for Girls and Jersey College for Girls Preparatory School and their governing body with the modification set out in sub-paragraph (2).

(2) After paragraph 13 there shall be inserted the following paragraph –

“13A. Each year, subject to the approval of the Committee, the governing body for Jersey College for Girls and Jersey College for Girls Preparatory School shall set fees for the provision of education in each of those schools.”.

20.-(1) Parts II to IV of this Schedule shall apply in relation to Victoria College and Victoria College Preparatory School with the modifications set out in sub-paragraphs (2) and (3).

(2) In paragraph 7, after clause (b) of sub-paragraph (2) there shall be inserted the word “and” and the following clause –

“(c) the Attorney General and Solicitor General, or a person nominated by either of them for the purpose.”.

(3) After paragraph 13 there shall be inserted the following paragraph –

“13A. Each year, subject to the approval of the Committee, the governing body for Victoria College and Victoria College Preparatory School shall set fees for the provision of education in each of those schools.”.

21.-(1) Parts II to IV of this Schedule shall apply in relation to Highlands College and its governing body with the modifications set out in the following sub-paragraphs.

(2) In paragraph 5 –

(a) in sub-paragraph (1) –

(i) for clause (a) there shall be substituted the following clause –

“(a) seven persons representative of the interests of industry and commerce, one of whom may be an employee of the States of Jersey or any administration thereof and may be involved in the provision of health and social services, each referred to in this Schedule as an ‘industry and commerce governor’, nominated by the present industry and commerce governors and approved by the governing body;”,

(ii) in clause (d), for the words “three or more persons” there shall be substituted the words “such other persons as may be”;

(b) for sub-paragraph (2) there shall be substituted the following sub-paragraph –

“(2) An industry and commerce governor, a staff governor and an invited governor shall hold office as a governor for two years.”;

“(3) The members of the governing body shall elect, from among the industry and commerce governors, a chairman and vice-chairman who shall each hold office for two years or such lesser period as is required by virtue of sub-paragraph (5B).”;

(d) sub-paragraph (4) shall be deleted;

(e) at the beginning of sub-paragraph (5) there shall be inserted the words “Subject to sub-paragraphs (5A), (5C) and (5E),”;

(f) after sub-paragraph (5) there shall be inserted the following sub-paragraphs –

“(5A) A person holding office as chairman or vice-chairman may be re-elected as such once only.

(5B) No person may hold office as chairman, and no person may hold office as vice-chairman, for a period or aggregate period exceeding three years.

(5C) Subject to sub-paragraphs (5D) and (5E), an industry and commerce governor may not be re-elected as such on more than two successive occasions.

(5D) Sub-paragraph (5C) shall not apply where, at the time of re-election, the governor holds office as chairman or vice-chairman.

(5E) Upon vacating the office of chairman or vice-chairman, an industry and commerce governor may be re-elected as such a governor once only.”;

(g) in sub-paragraph (6), the words “a parent governor or” shall be deleted.

(3) In sub-paragraph (1) of paragraph 13 –

(a) in clause (d), before the word “members” there shall be inserted the words “full-time”; and

(b) clause (g) shall be omitted.

(4) After paragraph 13 there shall be inserted the following paragraph –

“13A. Each year, subject to the approval of the Committee, the governing body of Highlands College shall determine the manner in which fees for the provision of education in the said College shall be set.”.

22.-(1) Parts II to IV of this Schedule shall apply in relation to Les Chênes Residential School with the modifications set out in sub-paragraph (2).

(2) In paragraph 5 –

(a) for clause (a) of sub-paragraph (1) there shall be substituted the following clause –

“(a) one person representative of the interests of parents of pupils in that school, appointed by the Committee from time to time and referred to in this Schedule as the ‘parent governor’;”;

(b) in sub-paragraph (2), the words “A parent governor,” and clause (a) shall be deleted; and

FIFTH SCHEDULE

(Article 59)

Jersey Curriculum Council

1. There is hereby established a council, to be known as the Jersey Curriculum Council.

2. The functions of the Jersey Curriculum Council shall be to –

(a) conduct consultation on the aims, objectives, content, delivery and assessment of the Jersey Curriculum;

(b) keep the Jersey Curriculum under review;

(c) offer independent advice to and undertake research and development on behalf of the Committee in respect of the Jersey Curriculum;

(d) provide advice on the Jersey Curriculum to teachers, school governors, parents and other persons concerned with the provision of education; and

(e) disseminate information about the Jersey Curriculum.

3. The Jersey Curriculum Council shall fulfil the same functions in relation to –

(a) such elements of a curriculum suitable to the needs of children of compulsory school age as do not form part of the Jersey Curriculum; and

(b) a curriculum suitable to the needs of young persons,

as it is required to fulfil in relation to the Jersey curriculum.

4. The Jersey Curriculum Council shall consist of –

(a) a chairman;

(b) a vice-chairman; and

5.-(1) The Director of Education shall be the chairman.

(2) The Committee shall appoint a person from amongst its number to be the vice-chairman.

(3) The 13 other members shall be appointed by the Committee.

6.-(1) With the exception of the chairman and any member of the Jersey Curriculum Council who is an officer of the Committee, a member of the Jersey Curriculum Council shall vacate his office at the expiry of three years from the date of his appointment, but shall be eligible for reappointment.

(2) Any member of the Jersey Curriculum Council shall cease to hold office –

(a) if he tenders his resignation in writing to the Committee;

(b) if he appoints a special attorney without whom he may not transact in matters real or personal;

(d) if, without reasonable excuse, he absents himself from three consecutive meetings of the Jersey Curriculum Council.

(3) A person appointed to fill any casual vacancy in the office of a member of the Jersey Curriculum Council shall hold office until the date on which the person in whose place he is appointed would have ceased to hold office.

7. Each member shall have a vote on any decision, and the decision shall be determined by a simple majority.

8. The Jersey Curriculum Council may co-opt such specialist advisers as it considers necessary for such periods of time as it considers appropriate.

9. The members of the Jersey Curriculum Council shall not be entitled to any remuneration, but the Committee shall –

(a) defray such expenses of the Jersey Curriculum Council and its members as the Committee may determine; and

(b) provide such secretarial services, accommodation and facilities as the Jersey Curriculum Council may reasonably require for its meetings.

SIXTH SCHEDULE

(Article 60)

Religious Education Advisory Council

1. There is hereby established a council, to be known as the Religious Education Advisory Council.

2. The functions of the Religious Education Advisory Council shall be to –

(a) advise the Committee on all matters concerned with religious education and acts of worship in provided schools;

(b) prepare a syllabus for religious education of pupils of compulsory school age in provided schools for approval of the Committee; and

3. The Religious Education Advisory Council shall consist of –

(a) 6 representatives of the principal religious traditions in the Island;

(b) 6 teachers;

4.-(1) Except as provided in sub-paragraph (3), the Committee shall appoint all the members of the Religious Education Advisory Council.

(2) Before appointing any member as a representative of a principal religious tradition in the Island, the Committee shall consult with representatives of that religious tradition.

(3) The Committee shall invite a body which appears to it to be representative of the interests of teachers to nominate one teacher to be a member of the Religious Education Advisory Council.

5.-(1) A member of the Religious Education Advisory Council shall vacate his office at the expiry of three years from the date of his appointment, but shall be eligible for re-appointment.

(2) A member of the Religious Education Advisory Council shall cease to hold office –

(a) if he tenders his resignation in writing to the Committee;

(b) if he appoints a special attorney without whom he may not transact in matters real or personal;

(d) if, without reasonable excuse, he absents himself from three consecutive meetings of the Religious Education Advisory Council.

(3) A person appointed to fill any casual vacancy in the office of a member of the Religious Education Advisory Council shall hold office until the date on which the person in whose place he is appointed would have ceased to hold office.

6.-(1) Each year, the members of the Religious Education Advisory Council shall elect a chairman and vice-chairman from among their number.

(2) In the absence of the chairman, the vice-chairman shall preside at meetings of the Religious Education Advisory Council, and in the absence of both the chairman and the vice-chairman, the members present at a meeting shall elect a person from among their number to preside at the meeting.

7.-(1) Except as provided in sub-paragraphs (2) and (3), each member shall have a vote on any decision, and the decision shall be determined by a simple majority.

(2) Where any vote is to be taken in respect of the syllabus referred to in clause (b) of paragraph 2 –

(a) each of the three groups of members described in paragraph 3 shall have one vote; and

(b) the vote of a group shall be determined by a simple majority of its members.

(3) A syllabus prepared by the Religious Education Advisory Council may only be submitted to the Committee if each of the three groups of members votes in favour of doing so.

8. The members of the Religious Education Advisory Council shall not be entitled to any remuneration, but the Committee shall –

(a) defray such expenses of the Religious Education Advisory Council and its members as the Committee may determine; and

(b) provide such secretarial services, accommodation and facilities as the Religious Education Advisory Council may reasonably require for its meetings.

SEVENTH SCHEDULE

(Article 69(1))

TRANSITIONAL ARRANGEMENTS

Education otherwise than at school

1. Where, immediately before Article 13 comes into force, a child is educated at home and, in accordance with Article 20 of the Loi (1912) sur l’instruction primaire,8 the Committee is satisfied as to the standard of education received by him, such arrangements shall be deemed to have been approved by the Committee under paragraph (2) of Article 13.

Director of Education

2. The person who, immediately before Article 55 comes into force, is the person appointed as Director of Education pursuant to Article 9 of the Loi (1920) sur l’instruction publique9 shall be deemed to have been appointed under Article 55.

Jersey Curriculum Council

3. The persons who, immediately before Article 59 and the Fifth Schedule come into force, together comprise the Jersey Curriculum Council shall be deemed to have been appointed under that Schedule.

Religious Education Advisory Council

4. The persons who, immediately before Article 60 and the Sixth Schedule come into force, together comprise the Religious Education Advisory Council shall be deemed to have been appointed under that Schedule.

Employment of members of the staff of Victoria College

5. Every contract of employment, whether written or otherwise, between a member of the staff of Victoria College and the Comité constituted by virtue of Article 3 of the Loi (1860) au sujet du Collège Victoria,10 in force immediately before Article 69 and the Ninth Schedule come into force, shall have effect as if it had been entered into by the Committee instead of the Comité and as if any reference in it to the Comité were a reference to the Committee.

EIGHTH SCHEDULE

(Article 69(2))

AMENDMENT OF ENACTMENTS

Loi (1860) au sujet du Collège Victoria

1. For Article 2 of the Loi (1860) au sujet du Collège Victoria11 there shall be substituted the following Article –

“ARTICLE 2

(1) Sa Majesté sera le Visiteur du Collège.

(2) Sa Majesté exercera cette fonction par le Lieutenant Gouverneur.

(3) La fonction du Visiteur ne sera susceptible d’être exercée que dans une matière qui entraîne l’expulsion d’un élève du Collège.

(4) Sur le renvoi d’une matière au Lieutenant Gouverneur il pourra nommer une ou plusieurs personnes pour la considérer et, en rendant sa décision, il pourra tenir compte de leurs conclusions.”.

Adoption (Jersey) Law 1961

2. In Article 1 of the Adoption (Jersey) Law 1961,12 for paragraph (2) there shall be substituted the following paragraph –

“(2) For the purposes of this Law, the upper limit of the compulsory school age shall be construed in accordance with Article 2 of the Education (Jersey) Law 1999.”.

Health Insurance (Jersey) Law 1967

3. In Article 1 of the Health Insurance (Jersey) Law 1967,13 in sub-paragraph (a) of paragraph (2), for the words “Article 20 of the ‘Loi (1912) sur l’instruction primaire’ ” there shall be substituted the words “Article 2 of the Education (Jersey) Law 1999”.

Children (Jersey) Law 1969

4. In Article 1 of the Children (Jersey) Law 1969,14 in paragraph (1), for the definition of “the upper limit of the compulsory school age” there shall be substituted the following definition –

“ ‘the upper limit of the compulsory school age’ shall be construed in accordance with Article 2 of the Education (Jersey) Law 1999;”.

Social Security (Jersey) Law 1974

5. In Article 1 of the Social Security (Jersey) Law 1974,15 for sub-paragraph (c) of paragraph (2) there shall be substituted the following sub-paragraph –

“(c) ‘school leaving age’ means the upper limit of compulsory school age by virtue of Article 2 of the Education (Jersey) Law 1999.”.

Protection of Employment Opportunities (Jersey) Law 1988

6. In paragraph (1) of Article 1 of the Protection of Employment Opportunities (Jersey) Law 1988,16 for the definition “school leaving age” there shall be substituted the following definition –

“ ‘school leaving age’ means the upper limit of compulsory school age by virtue of Article 2 of the Education (Jersey) Law 1999;”.

Criminal Justice (Young Offenders) (Jersey) Law 1994

7. In Article 16 of the Criminal Justice (Young Offenders) (Jersey) Law 199417 –

(1) in paragraph (1) –

(a) for the words beginning “the maximum age” and ending “(in this Article referred to as the ‘school leaving age’)” there shall be substituted the words “school leaving age”; and

(b) before the words “over school leaving age” there shall be inserted the words “of or”; and

(2) after paragraph (4) there shall be added the following paragraph –

“(5) In this Article ‘school leaving age’ means the upper limit of compulsory school age by virtue of Article 2 of the Education (Jersey) Law 1999.”.

Nursing and Residential Homes (Jersey) Law 1994

8. In Article 3 of the Nursing and Residential Homes (Jersey) Law 1994,18 in sub-paragraph (b) of paragraph (2), for the words “any school (within the meaning of the ‘Loi (1912) sur l’Instruction Primaire’ or the ‘Loi (1920) sur l’Instruction Publique’)” there shall be substituted the words “any provided school, within the meaning of the Education (Jersey) Law 1999,”.

NINTH SCHEDULE

(Article 69(3))

ENACTMENTS REPEALED

column 1	column 2
Short title	Extent of repeal
Loi (1860) au sujet du Collège Victoria19	Articles 3 to 14
Loi (1881) (Amendement) sur le Collège Victoria20	The whole Law
Loi (1912) sur l’Instruction Primaire21	The whole Law
Loi (1920) sur l’Instruction Publique22	The whole Law
Loi (1946) (Amendement) sur l’Instruction Publique23	The whole Law
Loi (1962) (Amendement) sur l’Instruction Publique24	The whole Law
Loi (1965) pour modifier les Lois sur l’Instruction Primaire et l’Instruction Publique25	The whole Law
Loi (1966) (Amendement No. 2) au sujet du Collège Victoria26	The whole Law
Loi (1970) (Amendement) sur l’Instruction Publique27	The whole Law
Loi (1972) (Amendement No. 2) sur l’Instruction Primaire28	The whole Law
Loi (1979) (Amendement No. 3) sur l’Instruction Primaire29	The whole Law
Correspondence Colleges and Institutes (Licensing) (Jersey) Law 199030	The whole Law
Loi (1992) (Amendement No. 4) sur l’Instruction Primaire31	The whole Law
Loi (1994) (Amendement No. 3) sur le Collège Victoria32	The whole Law
Loi (1995) (Amendement No. 5) sur l’Instruction Primaire33	The whole Law

1 Tome VIII, page 829, and Volume 1992–1993, page 267.

2 Volume 1968–1969, page 278.

3 Volume 1968-1969, page 307, and Volume 1970-1972, page 513.

4 Volume 1968–1969, page 307, and Volume 1970–1972, page 513.

5 Tomes I–III, page 85, Volume 1975–1978, page 207, Volume 1992–1993, page 431, Volume 1996–1997, page 155, and R & Os 8269 and 8950.

6 Tome VIII, page 849.

7 Volume 1968–1969, page 247, Volume 1970–1972, page 511, Volume 1973–1974, page 371, Volume 1979–1981, page 25, Volume 1986–1987, pages 20 and 173, Volume 1994–1995, pages 58 and 118, and Volume 1996–1997, pages 15 and 616.

8 Tomes IV–VI, page 303, Volume 1970–1972, page 377, and Volume 1992–1993, page 79.

9 Tomes IV–VI, page 536.

10 Tomes I–III, page 228, and Volume 1994–1995, page 215.

11 Tomes I–III, page 227.

12 Volume 1961–1962, page 363, Volume 1994–1995, pages 118 and 353, and R & O 8859.

13 Volume 1996–1997, page 535, Volume 1968–1969, page 663, Volume 1973–1974, page 366, and Volume 1996–1997, page 21.

14 Volume 1968–1969, page 247, Volume 1970–1972, page 511, Volume 1979–1981, page 25, and Volume 1994–1995, pages 58 and 118.

15 Volume 1973–1974, page 319, Volume 1990–1991, page 467, and R & O 9112.

16 Volume 1988–1989, page 121.

17 Volume 1994–1995, page 50.

18 Volume 1994–1995, page 90.

19 Tomes I–III, page 228.

20 Tomes I–III, page 448.

21 Tomes IV–VI, page 292.

22 Tomes IV–VI, page 533.

23 Tome VII, page 336.

24 Volume 1961–1962, page 453.

25 Volume 1963–1965, page 477.

26 Volume 1966–1967, page 391.

27 Volume 1970–1972, page 153.

28 Volume 1970–1972, page 377.

29 Volume 1979–1981, page 181.

30 Volume 1990–1991, page 261.

31 Volume 1992–1993, page 79.

32 Volume 1994–1995, page 215.

33 Volume 1994–1995, page 603.

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Education (Jersey) Law 1999