The Education (School Teachers’ Qualifications and Induction Arrangements and Special Educational Needs Co-ordinators) (Amendment) Regulations 2016

• Citation: S.I. 2016/1123
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Education (School Teachers’ Qualifications and Induction Arrangements and Special Educational Needs Co-ordinators) (Amendment) Regulations 2016 and come into force on 19th December 2016.

Section 2 Amendments to the Education (School Teachers’ Qualifications) (England) Regulations 2003

(1) The Education (School Teachers’ Qualifications) (England) Regulations 2003 are amended as follows.

(2) In regulation 3 (Interpretation), after the definition of “the 2003 Specified Work Regulations”, insert—

“The 2015 European Union Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015 ;

(3) After regulation 9 (Mandatory Qualifications for teachers of pupils who are both hearing and visually impaired), insert—

Status of teachers from other European states who are qualified only to teach pupils with special educational needs

(9A)

(1) A person described in paragraph 8A of Part 1 of Schedule 2 is a qualified teacher only for the purposes of teaching in a special school or a specialist unit.

(2) In this regulation, “specialist unit” means an arrangement—

(i) within a school maintained by a local authority which is not a special school; and

(ii) in which children with special educational needs are taught wholly or mainly within classes designated for such children;

(4) In paragraph 8 of Part 1 of Schedule 2 (Qualified Teacher Status Requirements), for “the European Union (Recognition of Professional Qualifications) Regulations 2015” substitute “the 2015 European Union Regulations”.

(5) After paragraph 8 of Part 1 of Schedule 2, insert—

(8A)

(1) The person is—

(a) entitled to partial access to the profession of school teacher pursuant to Part 2 and Chapters 1, 2 and 4 of Part 3 of the 2015 European Union Regulations by virtue of Part 1 of those Regulations; and

(b) qualified only to teach pupils with special educational needs in the person’s home State;

(2) In this paragraph, “home State” has the meaning given in regulation 2(1) of the 2015 European Union Regulations.

Section 3 Amendments to the Education (Induction Arrangements for School Teachers) (England) Regulations 2012

(1) The Education (Induction Arrangements for School Teachers) (England) Regulations 2012 are amended as follows.

(2) In paragraph 10 of Schedule 1 (Cases in which a person may be employed as a qualified teacher in a relevant school without having satisfactorily completed an induction period), after “the European Union (Recognition of Professional Qualifications) Regulations 2015” insert “including where the person is entitled to partial access to the profession of school teacher by virtue of Part 1 of those Regulations”.

Section 4 Amendments relating to Special Educational Needs Co-ordinators

(1) In regulation 3 of the Education (Special Educational Needs Co-ordinators) (England) Regulations 2008 (Prescribed qualifications and experience of SENCOs), at the end of sub-paragraph (2)(a) insert “other than by virtue of paragraph 8A of Part 1 of Schedule 2 to the Education (School Teachers’ Qualifications) (England) Regulations 2003”.

(2) In regulation 49 of the Special Educational Needs and Disability Regulations 2014 (Prescribed qualifications and experience of SENCOs), at the end of sub-paragraph (2)(a) insert “other than by virtue of paragraph 8A of Part 1 of Schedule 2 to the Education (School Teachers’ Qualifications) (England) Regulations 2003”.