Made | 5th March 2001 | ||
Laid before Parliament | 6th March 2001 | ||
Coming into force | 28th March 2001 |
5.
After paragraph 19A.2 there shall be inserted the following paragraph -
6.
In paragraph 19A.3 for "appointment" there shall be substituted "allocation".
7.
In paragraph 19A.5 for the words from "sex discrimination" to the end of the paragraph there shall be substituted "unlawful discrimination".
8.
In paragraph 19B.9.1(a) after "19B.4" there shall be inserted "or 19B.14 (as the case may be)".
9.
In paragraph 19B.10 -
10.
In paragraph 19B.11(a) after "19C" there shall be inserted "or 19B.14.2".
11.
After paragraph 19B.12 there shall be inserted the following paragraphs -
19B.13.3
In the case of a teacher who takes up his next post as an unattached teacher, the head teacher of the closing school, the assessor allocated to the closing school, the Chief Education Officer of the authority which will employ the teacher in his new post, any person nominated by the Chief Education Officer to act as the teacher's designated line manager for the purposes of paragraph 19C and the assessor allocated to the authority shall make such arrangements as they see fit for and in connection with -
19B.14.1
Where paragraph 19B would otherwise operate so as to require a head teacher to make an assessment of his own application for threshold assessment -
19B.14.2
The teacher shall prepare an application for threshold assessment complying with the requirements of paragraph 19B.2.2 (subject to paragraph 19B.2.3), and he shall give it to the assessor allocated to the school.
19B.14.3
The assessor shall consider the application and such of the evidence mentioned in the application and such other evidence as he thinks appropriate, and he may -
19B.14.4
The assessor shall determine whether the teacher -
19B.14.5
The assessor shall record in writing on the application -
19B.14.6
The assessor shall issue a certificate under paragraph 19B.5 in relation to the teacher.
19B.14.7
Paragraphs 19B.6.1 and 19B.6.2 shall not apply, and following the issue of a certificate under paragraph 19B.5 the assessor shall promptly send -
19B.14.8
The functions of the head teacher under paragraphs 19B.6.3 and 19B.6.4 shall be fulfilled by the assessor, and references in those paragraphs to the head teacher shall be read as references to the assessor.
19B.14.9
Paragraph 19D.3.4 shall not apply.
19B.15
The assessor allocated to the school shall at the request of a head teacher first appointed to a post of head teacher on or after 1st September 2000 or of an acting head teacher give him assistance with his function under paragraph 19B.3.1.
19B.16
In paragraphs 19A to 19D "classroom teacher" includes a head teacher, deputy head teacher or assistant head teacher who was a classroom teacher at the time he made his application for threshold assessment.".
12.
- (1) In paragraph 19C.5.1 after "19B.2.2" there shall be inserted "(subject to paragraph 19B.2.3)".
(2) In paragraph 19C.5.2(a) "who has provided information in relation to his threshold assessment" shall be omitted.
(3) In paragraph 19C.5.9 -
13.
In paragraph 19D.1 for the words from "the end" to "19C.5.8" there shall be substituted the following words -
15.
Paragraph 19D.8 shall be renumbered paragraph 19D.16.
16.
After paragraph 19D.7 there shall be inserted the following paragraphs -
19D.9.1
A complaint under paragraph 19D.8 may be brought no later than the end of the period of 40 working days starting with the day on which the classroom teacher received notification under paragraph 19D.6 of the review officer's decision that his threshold assessment is to stand.
19D.9.2
A complaint under paragraph 19D.8 shall be made in writing and shall contain, or refer to, evidence relating to the discrimination complained of.
19D.9.3
The classroom teacher who made the complaint under paragraph 19D.8 shall give a copy of it to the head teacher who made the assessment.
19D.10
The classroom teacher who made the complaint under paragraph 19D.8, the head teacher or assessor who made the assessment and the review officer shall at the request of that teacher's employers supply them with such records, information or evidence as the employers reasonably request.
19D.11.1
Where the employers are satisfied that -
they shall refer the case to a replacement review officer for a further review and inform him of their conclusions and the reasons for their decision.
19D.11.2
The employers shall notify in writing the classroom teacher who made the complaint and the head teacher who made the assessment that they have referred the case to a replacement review officer and of the reasons for their decision.
19D.12
Where a reference is made to him under paragraph 19D.11.1, the replacement review officer shall carry out a further review taking account of the employers' conclusions and the reasons for their decision, and paragraphs 19D.3.2 and 19D.4 to 19D.15 shall apply to the further review.
19D.13
When the replacement review officer has determined the further review, he shall in addition to fulfilling the requirements of paragraph 19D.6 notify the employers in writing of his decision and of the reasons for it.
19D.14
Where the employers -
they shall dismiss the complaint, and notify the classroom teacher who made the complaint and the head teacher who made the assessment in writing of their decision and the reasons for it.
19D.15
The employers shall notify the classroom teacher who made the complaint and the head teacher who made the assessment in writing of their decision and the reasons for it under paragraph 19D.11.2 or 19D.14 (as the case may be) no later than the end of the period of 40 working days starting with the day on which the employers received the complaint under paragraph 19D.8.".
17.
After paragraph 39.4 there shall be inserted the following paragraph -
Estelle Morris
Minister of State, Department for Education and Employment
5th March 2001
[2] Section 2(1) is amended by paragraphs 24 and 26(a) of Schedule 30 to the School Standards and Framework Act 1998 (c. 31).back
[3] Section 2(3) and (4) is amended by paragraphs 24 and 26(c) and (d) of Schedule 30 to the School Standards and Framework Act 1998.back
[4] The definition of "school teacher" in section 5(1) is amended by paragraphs 24 and 28(2)(a) of Schedule 30 to the School Standards and Framework Act 1998.back
[5] ISBN 0 11 271090 5; the Document was given effect with modifications by the Education (School Teachers' Pay and Conditions) (No. 3) Order 2000 (S.I. 2000/2321 amended by S.I. 2000/3106).back
© Crown copyright 2001