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Consultation on draft changes to the Education (Amendment) Regulations 2003

The DfES consulted publicly for six weeks, from 11 May to 22 June 2007, on a series of draft amendments to The Education (Specified Work and Registration) (England) Regulations 2003.

We have carefully considered the responses to the consultation and as a result we have decided that:

Skills tests:

  • The five year grace period for teacher trainees who have completed their initial teacher training (ITT) course, but not passed all the skills tests (in English, numeracy and ICT) will be replaced with a deadline of 31 August 2008.  This means that all existing teachers who have not passed the skills tests will need to have done so before 1 September 2008. Also, from 1 September 2008, all new teachers will need to have passed all of the skills tests and been awarded qualified teacher status (QTS) before they can teach.

Since 2001, there has been a rule that overseas trained teachers (OTT) could only teach here for four calendar years. The following changes clarify some aspects of this, without changing the underlying rule:

People in training at the end of their four years:

  • From 1 September 2008, OTTs who have not obtained QTS within four years will not be allowed to continue teaching beyond four years even if they are undertaking employment based training leading to QTS. (The consultation had proposed to introduce this change from 1 September 2007 but it has been deferred until 1 September 2008.)

Instructors:

  • Headteachers who wish to employ OTTs who have not obtained QTS within four years as instructors, may do so providing they satisfy the statutory requirements for employing instructors – namely that there is no qualified teacher (or person on employment based training) available to fill it. They should not simply reclassify former teachers as instructors. This is a continuation of the existing provision.

Extension to deadlines for those who have had statutory leave (eg. maternity):

  • Deadlines imposed on unqualified teachers, including OTTs, who carry out specified work will be extended to take account of statutory maternity, adoption, paternity or parental leave taken by the teacher. This change is effective from 1 September 2007.

The department is arranging amending regulations to implement the above changes and clarifications. Updated guidance will appear on the TeacherNet website shortly. The guidance will reflect these regulatory changes which are subject to parliamentary approval. Once approval has been obtained, the guidance will be confirmed on the TeacherNet site.

Information on the initial consultation, including a summary of results, can be found on the Department for Children, Schools and Families (DCSF) website.