Changes to the five year grace period
The Education Act 2002 stated that teachers without QTS could not teach in England unless they fell within one of the limited exceptions. One of these was "trainee teachers who have yet to pass their skills tests".
Since May 2001, trainee teachers who would have gained QTS, but for the fact they had not passed all the skills tests by the end of training, have been allowed to teach for up to five years (the five year grace period). During this period, these individuals can only be employed as unqualified teachers; they were not newly qualified teachers (NQTs) and couldn’t begin induction.
On 1 September 2007, the regulations changed to remove the five year grace period. The Department for Children, Schools and Families has provided guidance on the amended regulations
To continue to teach after 31 August 2008, any teacher who has not passed their tests must pass the tests relevant to their cohort and be awarded QTS. If teachers do not pass their tests by the deadline and have completed an induction period they cannot teach in maintained schools or non-maintained special schools; their employer must secure termination of their employment ‘as soon as practicable’. There can be no extensions or exceptions to the deadline. Individuals can continue to take the tests and, if they pass, are eligible for recommendation for the award of QTS, to teach, and to begin their induction.
Employment
Teachers who have not passed the skills tests by the deadline cannot take unqualified or qualified teacher employment but can work as an instructor or in a support staff capacity. This includes work as a teaching assistant or higher level teaching assistant.
Trainees with instructor status cannot begin their NQT year and will not benefit from the same responsibilities and rights as qualified teachers. This includes access to teachers’ pay and performance management arrangements; instructors are usually paid on the unqualified teachers’ pay scale.
Schools cannot automatically reclassify teachers as instructors. An instructor can only be appointed:
- to give instruction in any art, skill or subject where special qualifications or experience, or both, are required, and
- where no suitably qualified teacher, graduate teacher, registered teacher or teacher on the employment based teacher training scheme is available.
Instructors can undertake work specified in the regulations to assist or support a qualified teacher or nominated teacher and will work under the direction and supervision of qualified teachers. Headteachers must be satisfied that instructors have the skills, expertise and experience to undertake work specified in the regulations.
What happens if teachers do not pass their skills tests?
Teachers who have not passed their skills tests were contacted by the General Teaching Council for England (GTCE) and advised to confirm their details by 31 January 2008. If a teacher has been contacted, but believes they have passed the skills tests, they should contact the Teachers’ Qualification Team at the GTCE.
If individuals did not respond to the GTCE by the deadline, or haven’t passed the skills tests, the GTCE will write to their headteacher and local authority informing them that the individual cannot continue to work as a teacher after 31 August 2008 − unless they pass their outstanding skills tests. Teachers should talk to their school and employer to determine when the employer will take action.
If teachers have lost their registration number and the print-outs that prove they passed the tests, they should contact the skills tests helpdesk on 0845 450 8867. They should also contact the helpdesk if they have not passed any tests and no longer have their registration number.
