School days mean school days

The judgement of the Supreme Court on the matter of whether term-time holidays are ‘acceptable’ in terms of pupil missing school is interesting. The lower courts clearly sided with the parent, and accepted the decision of the parent to take their child out of school. This presumably was based, at least in part, on the contract between parent and State. Every parent is required to secure the education of their child, but the State doesn’t prescribe how that is achieved, except in essence by stating a default position of schooling provided by the State. The Supreme Court had to decide the meaning of “fails to attend regularly” in section 444(1) of the Education Act 1996.

The Supreme Court would now seem to have very clearly reaffirmed that if you enter into that contract with the State for the State to educate your child, it is binding in terms of the requirement to deliver your child to school when the school is in session; illness and other specified unavoidable events apart being the only reasons for non-attendance.

Interestingly, the parent or child has historically had no come-back on the school or its overall operator if for any reason the school cannot open. Hence the residual duty remaining with local authorities to step in and ‘secure’ the education of a child if something happens to an academy or free school. Hence, also why the State has never guaranteed the level of teaching or the qualifications of those required to teach any particular child anything.

I have read the judgement of the Supreme Court, and Lady Hale in particular with interest and was struck by the following paragraph in what was an excellent summary of education history and the law on attendance that is well worth reading and largely free of legal jargon.

Finally, given the strictness of the previous law, Parliament is unlikely to have found it acceptable that parents could take their children out of school in blatant disregard of the school rules, either without having asked for permission at all or, having asked for it, been refused. This is not an approach to rule-keeping which any educational system can be expected to find acceptable. It is a slap in the face to those obedient parents who do keep the rules, whatever the cost or inconvenience to themselves.

Copied from: https://www.supremecourt.uk/cases/docs/uksc-2016-0155-judgment.pdf

We are now, it seems, much closer to the pre-1944 Education Act position where even a single day of missed school could be regarded as unacceptable and the commission of an offence. Parents will now need to take heed of the rules of the school.

However, I foresee some future questions over the legitimacy of absence by ‘illnesses’, where the illness is self-certified by the parent. Taking a Friday and the following Monday off ‘sick’ may be especially risky if a school creates a rule requiring a doctor’s note in such circumstances. The absence of a note might be an unreasonable absence.

The case still leaves un-resolved the twin problems of the price of holidays for families with children at school and the issue of families that work in holiday areas. The original Victorian legislation recognised we were in part an agricultural nation and that affected attendance at school. The current legislation doesn’t recognise we are now a service-based economy. For good measure, it also doesn’t recognise that the Victorian legislation on home to school transport provision needs bringing up to date as well.

 

Going down

There was a certain amount of coverage of the UCAS end of cycle report on the 2015/16 application process for graduate teacher preparation courses when it appeared last month.  The UCAS Scheme covers almost all such provision in England except for Teach First.

I find it illustrative to compare the data in the 2015/16 report with 2012/13, the last year of the previous GTTR Scheme that provided for a cascade model of applications rather than the present model where all three applications are considered together.  The current system of applications is much more expensive for both trainees and providers, whereas both models are probably cost neutral to UCAS that charges both providers and applicants a fee.

Anyway, enough comment on the system – you may deduce I am not a great fan of the change – and back to how applications compared with past cycles? In 2015/16 there were 46,000 applicants, of whom 41,400 were domiciled in England. Sadly, we don’t know how many applicants applied to providers in England, a useful but missing statistic if there has been a trend to apply for places in Wales and Scotland. The 46,000, let alone the 41,400 figure for those with a domicile in England, is well below the record 67,000 applicants of the 2010 entry round, but, that number was a consequence of the recession and associated slowdown in the graduate labour market.  However, the 46,000 was also significantly below the 52,254 of 2013 that was itself below the pre-recession figure of 53,931 applicants reached in the 2007 round.

How much further can applicant numbers be allowed to fall before alarm bells start ringing loudly in Sanctuary Buildings? The fact that so far in 2017/18 there has been a further decline must be cause for concern.

Male applicants totalled some 38% of the total, probably in line with recent years and indicating an overall lack of interest in teaching since the fall cannot be attributed to just disinterest from this group. We no longer have data in relation to ethnicity, a sad loss since there was evidence in the past that applicants from some ethnic groups found it harder to secure a place on a course.

Interestingly, after falling as a percentage of all applicants, the percentage of career switchers over the age of 30, when applying, reached 29% of applicants in 2015/16. That suggest a falloff in applications from new graduates, perhaps finally being deterred by the level of fees and lack of support in some subject areas.

I have long campaigned for all entrants to be treated the same and not for the Treasury to hide behind the fiction that because so much teacher preparation takes place in and around universities those on teacher preparation courses should be treated as students, not entrants to teaching undergoing training in a university-led course. A subtle, but not unimportant distinction.

I am sure that the DfE have much more detailed data than that which has been released to the general public, but UCAS should consider reviewing what is available and whether it might be helpful to return to the level of data provided previously by the GTTR Scheme.

No return to pupil teachers

Teaching should be a reserved occupation. You should only be able to call yourself a teacher if you have a nationally recognised professional qualification. Others can style themselves as tutors, instructors, lecturers or even childminders, but not teachers. After all, not just anyone can be a solicitor, doctor, and accountant, or use many other professional titles.

The next question is then: how do you obtain the qualification of a teacher. For most of the past fifty years, it has been accepted in the majority of advanced economies that teachers need both intellectual knowledge up to a certain level, (degree level in England), plus an appropriate preparation course to add to subject knowledge for those teaching in the secondary sector and proof a certain intellectual standard for those teaching younger children a range of different areas of knowledge in order to gain certification as a recognised teacher. So, where do apprenticeships fit into this model?

I have argued that advanced apprenticeships for graduates might not look very different from the existing post-1991 partnership model of teacher preparation, with a recognition of the need to marry time spent in schools with an understanding of how to be successful at managing the teaching and consequent learning of young people. Whether schools or higher education takes the administrative lead is really of little consequence. For most, higher education may be better equipped to handle the process as it is geared up to do so. Large MATs and even dare one say it local authorities operating on behalf of a group of schools may offer a sensible alternative as some of the successful and now almost middle-aged SCITTs have demonstrated. Such graduate apprenticeships might exempt schools from the punitive apprenticeship levy tax they currently face.

So, is there a place for a short course for eighteen year old as apprentice teachers: emphatically not. Any such course would fail the test of sufficient academic and intellectual knowledge and understanding. It is not the place of an apprenticeship to deliver such qualifications. After all, that is why Robbins moved teacher preparation for school-leavers into higher education in the 1960s, as I have pointed out before. To move back the other way would be an unbelievably stupid move. So, is there a route for apprentice classroom assistants that might later convert into teachers by taking a degree while at work? That might be worth discussing, but not unless the term ‘teacher’ has been reserved as otherwise the temptation to blur the edges of who does what is too great for both schools and governments faced with financial problems to ignore.

We cannot ‘dumb down’, to use a once popular phrase, our teacher preparation programme and still expect to achieve a world-class education system. I am sure that Mr Gibb, the Minister of State, will have realised that fact when preparing for his speech earlier this week on the nature of teaching and knowledge. I don’t always agree with him, but learners do need structure and signposting at the early stages before going on to develop their inquiring minds into independent thinkers. They also need teachers educated to graduate level.

 

More worrying signs on teacher preparation applications

The already challenging news about applications to train as a teacher in England for the 2017 recruitment round has in no way been offset by the appearance of the data for March 2017 from UCAS. Applications from those with a domicile in England were 2,450 below the same date in 2016. Of more concern is the fact that there are now fewer applicants from all age-groups. This suggests a widespread reluctance to train as a teacher under present circumstances than just amongst new graduates. However, over the past month only 640 applicants under the age of 22 have registered. This has widened the gap to just over 1,200 fewer from this age-group compared with this point last year from the 1,000 missing applicants mark reported last month.

The net effect has been to reduce the overall numbers placed, conditionally placed or holding offers from just over 21,000 to around 18,600. This is a loss of nearly 2,500 trainees offered a place compared with March 2016. The only bright spot is that the number holding an offer is 1,080 this March compared with 910 in March 2016; a gain of 170.

Differences are beginning to be seen across the secondary subjects. It is difficult to see why geography retains its position as a priority subject when business studies doesn’t qualify for such status. This is because geography has the highest level of offer at this point in the cycle for four years and should easily meet its target for the second year. On the other hand, business studies has little chance of meeting its target, at whatever level it has been set. The same failure to meet the target is to be expected of computing/IT and possibly chemistry that looks to be having a relatively bad year so far, although the science total may disguise some chemistry applicants. Although the majority of other subjects may be able to come close to target if the trend of the first part of the recruitment cycle are replicated, the slowdown over the past two months continues to provide worrying signs of what might be to come in some parts of the country unless applications pick up.

Despite the government’s attempts to move teacher preparation into schools, applicants continue to seem attracted more to higher education courses, especially in the secondary sector where there have been more than 20,000 applications to high education courses compared with a similar number of all school-based routes. So far, only 540 offers have been made to the School Direct Salaried route in all secondary subjects.

With almost 11,000 offers, primary courses may well be on their way to meeting the target, if anyone knew what it was. But, with little more than 9,000 offers across all secondary subjects, there must be concerns for meeting some targets as identified above. Fortunately, there are still 9,000 applications (and upwards of 3,000 applicants) with either interview requests or pending provider offers. We will look at this group in more detail next month.

The overall analysis must be that the gains of last year’s recruitment round look unlikely to be substantiated this year and the overall picture may be like that of 2015: a year most did not want to see repeated

 

 

Headship Concerns

Now that we are into April, it is possible to look in more detail about the progress of headship appointments during the first quarter of the year. TeachVac www.teachvac.co.uk has identified just over 800 schools seeking a new head teachers during the first three months of 2017. The majority are schools in the primary sector. Indeed, of the 52 secondary schools identified as seeking a new head teacher, only five have so far been recorded as re-advertising; a percentage rate of 10% for re-advertisements. This suggests little real difficult for most secondary schools that are seeking a new head teacher. Or, maybe, that some MATs are managing this process internally rather than resorting to outside advertising.

The position in the primary sector is much less satisfactory. Of the 336 schools that were tracked as advertising in January by TeachVac, 25% had re-advertised by the end of March. Of these schools re-advertising, 16 have already placed 2 further rounds of advertisements after their initial January advertisement.  The overall position for the 239 schools recorded as advertising in February is little better, with 21% have re-advertised by the end of March.

There are significant regional differences, as well as differences between faith schools and other schools, with rural schools also being much more likely to have re-advertised as are separate infant and junior and first schools. Indeed, as in the past, any factor that makes a school stand out as different from the majority of its peers seems to make finding a new head teacher more of a challenge. This is something that governors need to be aware of when constructing their advertisements and setting out a recruitment timetable.

Interestingly, Hampshire seems to be faring less well than many other parts of the country, with a significant re-advertisement rate for schools originally advertising in January:  a trend that seems to have continued into February. This is in stark contrast to some of the more northern parts of England where there are much lower rates of re-advertisement, even for schools of a similar background.

With the lack of any mandatory qualification for headship, it is always difficult to be certain what the size of the potential pool of new school leaders is in any given year. This lack of knowledge and pre-planning is a real handicap in helping ensure schools with be able to recruit the next generation of school leaders.

Whether the new funding formula has affected where applicants will apply is too soon to say, but other factors such as house prices and the availability of work for a partner have always been an issue for some schools when seeking a new head teacher. In that respect, is interesting to see that schools across most of London are not yet re-advertising headships in any significant numbers. However, TeachVac will be watching to see this is really the case of it is rather that re-advertisements are slower to appear than in some other parts of the country.

For anyone seeking more details, do make contact with TeachVac.

 

Another aspect of the funding problem

What happens if a large secondary school at the centre of a multi-academy trust comprising a mix of both primary schools and a secondary school goes bust, perhaps because the original founders made some unwise decisions and there was then a drop in applications from local parents to send their children to the secondary school, aware that teachers were leaving the schools and concerned that standards might slip as a result? Or because there was an outflow of EU nationals from the area now Article 50 has been triggered.

Does the failure of the secondary school bring down all the primary schools in the MAT as well or can they survive on their own. At what point should the trustees decide to cut a financially unviable school adrift and will the Education Funding Agency allow them to do so if there are other assets in the MAT that might keep the school going for longer?

I am sure that there are civil servants in Coventry thinking about these types of scenario and perhaps role-playing them with Regional School Commissioners. How far have they progressed in their thinking should the MAT has a faith base and all the schools within it belong to the same faith or Christian denomination?

Sitting in the wings is the local authority, with whom the ultimate authority for providing every pupil with a school place still resides. What happens if the school that has just become financially unviable is in a rural area and the places at other schools require a large increase in the school transport bill? Who picks up the tab?

Obviously, the ideal solution is for the school buildings to open under a new administration, but will the government allow that to happen if it means writing off the debts of a school. To do so might encourage other schools to run up large deficit budgets, secure in the knowledge that the government will bail them out. One answer might be for the government to replace the trustees. But at what point? As soon as a deficit budget position is reached? When the deficit going forward looks as if it will reach a pre-determined percentage of current turnover after taking any falling rolls and thus falling income into account? If the financially unviable school is a faith school, can a new faith school replace it? To do so might well save on transport costs, but a replacement school that wasn’t faith-based might allow for transport savings. Of course, much will depend upon who has the ownership of the buildings?

With the demise of several UTCs and studio schools, plus a small number of other academies, these scenarios are no longer in the realm of the unthinkable. But, does there need to be a level playing field with some clear and open guidelines that don’t encourage schools to create deficits on their revenue spending.

At present, there is the ‘financial notice to improve’ from the EFA, but, the issue is what happens when the school or MAT doesn’t do so for reasons beyond its control? Time to re-read the Academies Financial handbook.