The Education (Induction Arrangements for School Teachers) (Wales) Regulations 2015

Made: 3 March 2015

Laid before the National Assembly for Wales: 5 March 2015

Coming into force: 1 April 2015

The Welsh Ministers, in exercise of the powers conferred on them by sections 17, 19(3) and 47(1) of the Education (Wales) Act 2014 make the following Regulations:

Title, commencement and application

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• (1) The title of these Regulations is the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2015 and they come into force on 1 April 2015.

• (2) These Regulations apply in relation to school teachers in Wales.

Revocation and transitional provision

2

• (1) Subject to paragraph (2) the regulations set out in the first column of the table in Schedule 1 are revoked to the extent indicated in the third column of the table in Schedule 1.

• (2) A person who immediately before 1 April 2015 was serving an induction period in accordance with the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2005 (“the 2005 Regulations”) is to be treated from that date as if they were serving an induction period in accordance with these Regulations and anything done under the 2005 Regulations is to be treated as done under these Regulations.

Interpretation

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• (1) In these Regulations—

• “the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998 ;

• “the 2002 Act” (“Deddf 2002”) means the Education Act 2002 ;

• “the 1999 Regulations” (“Rheoliadau 1999”) means the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999 ;

• “the 2014 Act” (“Deddf 2014”) means the Education (Wales) Act 2014;

• “the 2021 Act” (“Deddf 2021”) means the Curriculum and Assessment (Wales) Act 2021;

• “appropriate body” (“corff priodol”) means the appropriate body under regulation 5;

• “authority” (“awdurdod”) means a local authority in Wales;

• “the Council” (“y Cyngor”) means the Education Workforce Council;

• “employer” (“cyflogwr”) means an authority, governing body or other person who engages or make arrangements for the engagement of a person to provide their services as a teacher under a contract of employment or otherwise than under a contract of employment, and “employed” (“cyflogedig”), “employment” (“cyflogaeth”) and any expressions relating to the termination of employment are to be construed accordingly;

• “employment-based teacher training scheme” (“cynllun hyfforddi athrawon ar sailcyflogaeth**”) means a scheme established by the Welsh Ministers under regulation 8 of the School Teachers' Qualifications Regulations;

• “England's Induction Regulations” (“Rheoliadau Sefydlu Lloegr”) means regulations made from time to time under section 135A of the 2002 Act in relation to teachers in England;

• “FE college” (“coleg AB”) means an institution within the further education sector as defined in section 91(3) of the Further and Higher Education Act 1992 ;

• “governing body” (“corff llywodraethu”) in relation to an FE college has the same meaning as in section 90(1) of the Further and Higher Education Act 1992 and in relation to a relevant school which is a pupil referral unit, includes the management committee of the pupil referral unit (if there is one);

• “graduate teacher” (“athro neu athrawes raddedig”) means a person who was granted an authorisation to teach in accordance with paragraphs 5 to 11 of Schedule 2 to the 1999 Regulations before 1 September 2004;

• “head teacher” (“pennaeth”) includes the principal of an FE college and the teacher in charge of a pupil referral unit;

• “induction period” (“cyfnod sefydlu”) means an induction period required by these Regulations;

• “institution (“sefydliad”) means a relevant school, an independent school or an FE college in which an induction period may be served under these Regulations, as the context requires;

• ...

• “non-maintained special school” (“ysgol arbennig nas cynhelir”) means a special school which is neither a community special school nor a foundation special school;

• “pupil” (“disgybl”) has the meaning given to it in section 3 of the Education Act 1996;

• “pupil referral unit” (“uned cyfeirio disgyblion”) has the same meaning as in section 19A(2) of the Education Act 1996;

• “qualified teacher” (“athro neu athrawes gymwysedig”) means a person who satisfies requirements specified in regulations made under section 132 of the 2002 Act;

• “reception year” (“blwyddyn derbyn”) means a year group in which the majority of the pupils attain the age of 5;

• “registered teacher” (“athro neu athrawes gofrestredig”) means a person who was granted an authorisation to teach in accordance with paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations before 1 September 2004;

• “relevant school” (“ysgol berthnasol”) means a school maintained by an authority or a non-maintained special school;

• “school day” (“diwrnod ysgol”) in relation to a school means any day on which at that school there is a school session, and in relation to an FE college, means any day on which the college meets;

• “school session” (“sesiwn ysgol”) has the same meaning as in regulations 4 and 5 of the Education (School Day and School Year) (Wales) Regulations 2003 ;

• “the School Teachers' Qualifications Regulations” (“Rheoliadau Cymwysterau Athrawon Ysgol”) means the Education (School Teachers' Qualifications) (Wales) Regulations 2012 ;

• “school term” (“tymor ysgol”) includes a term of an FE college;

• “school year” (“blwyddyn ysgol”) includes the academic year of an FE college;

• “special school” (“ysgol arbennig”) has the same meaning as in section 337 of the Education Act 1996 ;

• “supply teacher” (“athro neu athrawes gyflenwi”) means a teacher employed wholly or mainly for the purpose of supervising or teaching pupils whose regular teacher is not available to teach them;

• “working day” (“diwrnod gwaith”) means any day other than a Saturday, a Sunday , Christmas Day, Good Friday or a day which is a bank holiday in Wales and England within the meaning of the Banking and Financial Dealings Act 1971 .

• “year 1” (“blwyddyn 1”) means the year group in which the majority of pupils attain the age of 6;

• “year 2” (“blwyddyn 2”) means the year group in which the majority of pupils attain the age of 7;

• “year 3” (“blwyddyn 3”) means the year group in which the majority of pupils attain the age of 8;

• “year 4” (“blwyddyn 4”) means the year group in which the majority of pupils attain the age of 9;

• “year 5” (“blwyddyn 5”) means the year group in which the majority of pupils attain the age of 10;

• “year 6” (“blwyddyn 6”) means the year group in which the majority of pupils attain the age of 11;

• “year 7” (“blwyddyn 7”) means the year group in which the majority of pupils attain the age of 12;

• “year 8” (“blwyddyn 8”) means the year group in which the majority of pupils attain the age of 13;

• “year 9” (“blwyddyn 9”) means the year group in which the majority of pupils attain the age of 14;

• “year 10” (“blwyddyn 10”) means the year group in which the majority of pupils attain the age of 15;

• “year 11” (“blwyddyn 11”) means the year group in which the majority of pupils attain the age of 16;

• “year group” (“grŵp blwyddyn”) means a group of pupils at a school the majority of whom will, in a particular school year, attain the same age.

• (2) For the purposes of these Regulations a person has completed an induction period when that person has served an induction period of—

• (a) three school terms; or

• (b) such other length as determined in accordance with regulation 8(4) (comprising only periods of employment which count towards an induction period under regulation 9) or regulation 8(5) (appropriate body determination where standards met); and

where the appropriate body extends the induction period in accordance with regulation 10, the period of that extension.

Breach of time limits

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Failure by any person to discharge any duty within a time limit specified in these Regulations does not relieve that person of that duty.

Appropriate body

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• (1) For the purposes of these Regulations—

• (a) the appropriate body in relation to a community, foundation or voluntary school, a community or foundation special school, ... a maintained nursery school (in each case within the meaning of the 1998 Act) , or a pupil referral unit is the authority maintaining it;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the appropriate body in relation to an independent school is—

• (i) an authority, or

• (ii) such persons or body as the Welsh Ministers may determine, which persons or body must include as a member representative of an authority, and

• (d) the appropriate body in relation to an FE college is an authority.

• (2) Any question as to which is the appropriate body for the purposes of exercising any functions imposed or conferred on an appropriate body by these Regulations in a case where a person serves an induction period in more than one institution is to be determined by the Welsh Ministers.

Requirement to serve an induction period

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Subject to the exceptions in Schedule 2, no person is to be employed on or after 1 April 2015 as a teacher at a relevant school unless that person has satisfactorily completed an induction period in accordance with these Regulations.

Institutions in which an induction period may be served

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• (1) Subject to paragraph (2), an induction period may only be served in—

• (a) a relevant school in Wales other than a community or foundation special school established in a hospital; or

• (b) in the circumstances set out in paragraph (3) an independent school in Wales; or

• (c) in the circumstances set out in paragraph (4) an FE college in Wales; or

• (d) a school or an FE college in England in which an induction period may be served under England's Induction Regulations.

• (2) An induction period may not be served in—

• (a) a school in Wales in respect of which the circumstances described in grounds 6 or 8 in section 2 of the School Standards and Organisation (Wales) Act 2013 apply, unless—

• (i) the person in question began their induction period, or was employed as a graduate teacher or a registered teacher or on an employment-based teacher training scheme, at the school at a time when such circumstances did not apply, or

• (ii) one of Her Majesty's Inspectors of Education and Training in Wales has certified in writing that they are satisfied that the school is fit for the purpose of providing induction supervision and training, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The circumstances in which a person may serve an induction period in an independent school in Wales are—

• (a) in the case of a person who is employed to teach pupils in years 7 to 11, the curriculum of the school for pupils in those year groups includes all the areas of learning and experience, including the mandatory elements, as defined in section 3 of the 2021 Act, which such person is employed to teach; and

• (b) in all cases, the curriculum for all registered pupils in their reception year and in years 1 to 6 includes all the areas of learning and experience, including the mandatory elements, as defined in section 3 of the 2021 Act; and

• (c) in all cases, before the start of the induction period the proprietor of the school and either an authority or the persons or body determined by the Welsh Ministers under regulation 5(1)(c) have agreed that the authority or the persons or body, as the case may be, are to act as the appropriate body in relation to the school.

• (4) A person may not serve an induction period in an FE college in Wales unless before the start of the induction period the governing body of the college and an authority have agreed that the authority are to act as the appropriate body in relation to the college.

• (5) A person may not serve an induction period in two or more institutions simultaneously unless before the start of the induction period the head teachers of all the institutions have agreed which of them is to act as the lead head teacher.

• (6) In this regulation, “induction period” (“cyfnod sefydlu”) includes a part of an induction period.

Length of an induction period

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• (1) Subject to paragraphs (3), (4) and (8) and (5), the length of an induction period is to be three school terms (“the three term rule”).

• (2) For the purpose of calculating the induction period a school term may be either one school term or two half school terms which (disregarding holidays) are consecutive.

• (3) The three term rule does not apply in the following circumstances—

• (a) where an induction period is served at an institution at which a school year does not consist of three school terms;

• (b) where an induction period is served by a person in part time service;

• (c) where an induction period is served in two or more institutions simultaneously;

• (d) where any periods of employment counting towards an induction period consist of a period of less than one school term; ...

• (e) where in the opinion of the appropriate body it is not appropriate that it applies ; or

• (f) where paragraph (5) applies.

• (f) where paragraph (8) applies.

• (4) The length of an induction period where the three term rule does not apply—

• (a) is 380 school sessions where paragraph (3)(d) applies; and

• (b) where paragraph (3)(a), (b), (c) or (e) applies, is such length as the appropriate body determines provided that this period is not less than the equivalent of 380 school sessions or 3 school terms.

• (5) The appropriate body may, with the consent of the person concerned, reduce the length of an induction period which the person is required to serve to a minimum of 110 school sessions if the appropriate body is satisfied that the person has achieved the standards mentioned in section 18 of the 2014 Act.

• (6) In paragraphs (4) and (5) a “school session” may include a session of professional learning that satisfies the conditions of regulation 7A.

• (7) The sessions of professional learning that may count as school sessions must not exceed 16% of the total length of an induction period.

• (8) The appropriate body may, with the consent of the person concerned, reduce the length of the induction period which the person is required to serve to a minimum of one school term or 110 school sessions if the appropriate body is satisfied that the person has achieved the standards mentioned in section 18 of the 2014 Act.

Periods of employment counting towards an induction period

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• (1) The only periods of employment as a qualified teacher on or after 1 September 2003 but before 1 April 2015 that count towards an induction period are—

• (a) a period of employment in an institution in Wales to which regulation 7(1) applies of not less than one school term in duration;

• (b) a period of employment in an institution or institutions in Wales to which regulation 7(1) applies of two half school terms which (disregarding holidays) are consecutive;

• (c) in the case of an individual teacher a period of employment in an institution in Wales to which regulation 7(1) applies of such other length as the appropriate body considers appropriate; or

• (d) a period of employment in a school or FE college in England if it would count towards an induction period under England's Induction Regulations.

• (2) The only periods of employment as a qualified teacher on or after 1 April 2015 that count towards an induction period are—

• (a) a period of employment in an institution in Wales to which regulation 7(1) applies of not less than one school session in duration;

• (b) a period of employment in a school or FE college in England if it would count towards an induction period under England's Induction Regulations.

Extension of an induction period before completion

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• (1) Where a person serving an induction period is absent from work for an aggregate period of thirty or more school days the appropriate body may extend the induction period by the aggregate period of the absences or by any lesser period as it considers appropriate.

• (2) Where an induction period is extended under England's Induction Regulations and the person serving the induction period becomes employed at an institution in Wales, the induction period is to be treated as having been extended under this regulation.