Sections in the Education Bill 2019 for HE - not consulted

Summary

A request was made for details on sections of the Education Bill 2019 affecting home educators and confirmation of their inclusion in consultations. The Department of Education, Sport and Culture responded with a partial disclosure, providing the consultation document but indicating not all requested information was held.

Key Facts

• The request targeted sections of the Education Bill 2019 specifically affecting home educators.
• The Department of Education, Sport and Culture stated that not all requested information was held.
• The response included a 29-page consultation document regarding the new Education Bill.
• The Education Council and Religious Education Advisory Council are set to cease to exist under the new Bill.
• Religious Education is proposed to become a compulsory school subject.

Data Disclosed

• Education Bill 2019
• Education Act 2001
• 2004
• 2009
• 2019-04-29
• 2019-05-24
• 24/01/2019
• 33 pages
• 2 documents
• 29 pages
• IM0

Original Request

Hello, 1. Please provide a full list of all the sections in the Education Bill 2019; a) specifically introduced to target Home Educators, b) which may affect Home Educators, or c) have been amended from the existing law in respect of Home Educators. 2. Confirmation (yes / no) on whether the sections identified in part 1, have been included in either of the consultations for the new Education Bill. 3. Where a section of the Bill is identified in part 1, and confirmed as not being included in the consultation in part 2, a) whether the reason of the exclusion was documented, please provide a copy of the documented reason. b) where the reason of the exclusion was not documented, whether the Minister, CEO or any other political member gave permission for the exclusion from the consultation. 4. Whether the department has made any effort to highlight changes between the existing legislation and the new bill with respect to Home Educators, to; a) Home educators, b) Other people in the 'Education Otherwise' register which may also be affected, c) Political members of the department, d) Members of the House of Keys / Tynwald Court / Legislative Council. e) Headteachers and teachers, f) any other professionals. 5) A copy of any such communication with respect to point 4 above.

Data Tables (1)

Data Tables (reformatted)

Full Response Text

The New Education Bill Overview The Education Act 2001 has been the primary legislation governing what happens in education since it came into effect in 2004. It was necessary to make changes in 2009 and now the Department of Education, Sport and Culture believes the time is right to look at new legislation in some key areas. A consultation has occurred on principles and the Department is grateful for the feedback and comments of all who took part in that exercise. In considering a new Education Bill, all areas of the present legislation have been considered and although some areas have seen significant changes proposed, there are areas which are unchanged. The primary focus of this consultation is on those aspects which have changed significantly although comments are most welcome on those aspects which have not changed. This consultation is about the draft Education Bill which will update the Island’s legislation to reflect changes in education practice both in the UK and other jurisdictions as well as seeking to be progressive where appropriate. Following the consultation on principles, the Education Council will no longer exist along with the Religious Education Advisory Council. Religious Education will become a compulsory school subject and issues relating to assemblies will be dealt with in the Articles and Instruments of Government of schools. We are looking for views from members of the public on: • the major changes being proposed in the new Bill • the proposed changes to amend or add to existing legislative provisions Why we are consulting Page 1 of 29 Print Survey - Cabinet Office of the Isle of Man Government - Citizen Space 24/01/2019 https://consult.gov.im/education-and-children/the-new-education-bill/consultation/pri... 1 2 3 4 The consultation will help the Department of Education, Sport and Culture understand views from members of the public on the changes that are being proposed in the new Education Bill. Introduction Name If you enter your email address then you will automatically receive an acknowledgement email when you submit your response. By entering your email address you will be able to save your work and come back to it at a later stage. Your email address will not be used for any other purpose than those stated. Email Please select only one item If yes, what is the name of your organisation? Organisation Please select only one item What is your name? What is your email address? Are you responding on behalf of an organisation? Yes No Do you live on the Isle of Man? Yes No Page 2 of 29 Print Survey - Cabinet Office of the Isle of Man Government - Citizen Space 24/01/2019 https://consult.gov.im/education-and-children/the-new-education-bill/consultation/pri... 5 6 First 3 digits of your postcode... Please read our Privacy Policy for more details and your rights. More information • Publish in full – your first name and surname, organisation name, along with full answers will be published on the hub (your email will not be published) • Publish anonymously – only your responses will be published on the hub (your name, organisation and email will not be published) • Do not publish – nothing will be published publically on the hub (your response will only be part of a larger summary response document) (Required) Please select only one item Principles and duties The Education Bill seeks to set out some fundamental principles of education in the Island which the Department must take account of. These are based on the feedback received from the previous consultation. Please state the first 3 digits of your postcode. For example, IM0 May we publish your response? Yes, you can publish my response in full Yes, you may publish my response anonymously No, please do not publish my response Page 3 of 29 Print Survey - Cabinet Office of the Isle of Man Government - Citizen Space 24/01/2019 https://consult.gov.im/education-and-children/the-new-education-bill/consultation/pri... 7 The principles a. that each child and young person should be enabled to receive an education that helps them to make appropriate progress and to become a fulfilled and valued member of society b. that the mainstream educational system should so far as possible reflect and implement the AEN principles (see section [AEN principles]) c. that education in the Island should include provision for vocational and other practical training so far as possible d. that education in the Island should include provision for life-long learning so far as possible e. that children, young persons and their parents should have a reasonable degree of influence over the kind of education which is provided to them f. that the educational system should support the cultural integrity and identity of the Island g. that the educational system should support the development of a diverse society based on mutual respect h. that providers of education in or for the Island should make appropriate use of developing technology, including facilities for remote and virtual education i. that education in the Island should be provided economically, effectively and efficiently Please select only one item Please briefly explain why you have given this answer in the text box below. Do you agree that these principles are sufficient to underpin the education system of the Isle of Man now and in the future? agree neither agree or disagree disagree Page 4 of 29 Print Survey - Cabinet Office of the Isle of Man Government - Citizen Space 24/01/2019 https://consult.gov.im/education-and-children/the-new-education-bill/consultation/pri... 8 9 Premises The Department has included a provision seeking a contribution from the church towards the costs of any significant developments or other capital costs incurred at maintained faith schools. Please select only one item If the answer is no please say why in the text box below. Curriculum It is proposed in the Bill that the curriculum will consist of compulsory elements for pupils including: Are there any other principles that you feel are missing and why? If so please answer in the text box below. Do you agree with this proposal? Yes No Page 5 of 29 Print Survey - Cabinet Office of the Isle of Man Government - Citizen Space 24/01/2019 https://consult.gov.im/education-and-children/the-new-education-bill/consultation/pri... 10 Related Information a. education in religion, ethics and values, avoiding proselytising for any particular religion or religious approach b. education in Manx culture (including history and language) c. age-appropriate education about sex and relationships, health and lifestyle, and economic and other wellbeing d. opportunities for physical education (including games and sports) Please select only one item Please briefly explain why you have given this answer in the text box below. Behaviour There are sections which deal with school standards of behaviour – sections 30 through to section 41. These include some new areas of consideration including confiscation of psychoactive substances which are deemed inappropriate for school and likely to cause harm; recovering costs for damage which has been caused by a pupil at a school (section 35); behaviour outside of school (section 37); disorderly conduct (section 39) and inappropriate use of social media (section 41). For damage in schools, it is proposed that the Department or governing body of a school may recover the costs of repairing damage or expenses from pupils or their parents Social media has also become a feature of modern society and is widely used. It can be misused and so the Department would seek to try and address some issues that arise Do you agree with these areas being compulsory? Yes No Page 6 of 29 Print Survey - Cabinet Office of the Isle of Man Government - Citizen Space 24/01/2019 https://consult.gov.im/education-and-children/the-new-education-bill/consultation/pri... Behaviour and Social Media Behaviour and Social Media For behaviour outside of school it is proposed in section 37 of the Education Bill that: Behaviour outside school premises 1. A power under section 33, 34 or 36 may be exercised by a teacher at a school at any time when the teacher is responsible for the welfare or behaviour of the pupil in accordance with written rules of the school. 2. The articles of government of each maintained school must include provision about discipline in respect of behaviour taking place outside the school premises at any time when the teacher is responsible for the welfare or behaviour of the pupil in accordance with written rules of the school. 3. In this section and sections […] a reference to a teacher at a school includes a reference to another member of staff at a school. Innapropriate use of social media 4. This section applies where the head teacher of a maintained or contracted school becomes aware that, — • (a) a pupil at the school is using social media in a way that causes, or appears intended to cause, distress or offence to another pupil at the school or to a teacher or other member of staff at the school, or • (b) a relative, or present or former associate, of a pupil at the school is using social media in a way that causes, or appears intended to cause, distress or offence to a pupil at the school or to a teacher or other member of staff at the school. 5. The head teacher must take all reasonable steps to prevent the use specified in subsection (1); and those steps may include, — • (a) applying school rules to ensure that the use of social media does not take place during school hours, on school premises or through the use of school equipment; • (b) providing education and guidance to pupils about the use of social media and the potential for it to cause distress, offence and other damage; Page 7 of 29 Print Survey - Cabinet Office of the Isle of Man Government - Citizen Space 24/01/2019 https://consult.gov.im/education-and-children/the-new-education-bill/consultation/pri... 11 • (c) drawing the use of social media to the attention of a police officer and inviting the officer to consider whether an offence has been committed; • (d) issuing guidance to the person using social media as specified in subsection (1), or to anyone who appears to the head teacher to be a victim or potential victim of that use, as to the law of harassment, and the civil and criminal remedies available under it. Please select only one item Please briefly explain why you have given this answer in the text box below. Is it right for the Department to seek to recover the cost of damages caused deliberately by pupils? Yes No Page 8 of 29 Print Survey - Cabinet Office of the Isle of Man Government - Citizen Space 24/01/2019 https://consult.gov.im/education-and-children/the-new-education-bill/consultation/pri... 12 13 Please select only one item Please briefly explain why you have given this answer in the text box below. Please select only one item Please briefly explain why you have given this answer in the text box below. Do you agree that section 37 addresses the issue of children behaving inappropriately while under the authority of a member of the school’s staff? Yes No Do you agree that the measures suggested will allow schools to address the issue of inappropriate use of social media in schools? Yes No Page 9 of 29 Print Survey - Cabinet Office of the Isle of Man Government - Citizen Space 24/01/2019 https://consult.gov.im/education-and-children/the-new-education-bill/consultation/pri... Catchment areas Having catchment areas for pupils allows the Department to manage resources effectively and efficiently. The catchment area section of the new bill has changed from that in the 2001 Act with the emphasis now being on children attending their catchment area school except in very specific circumstances. Section 42 contains the following: 1. the Department must make arrangements for each maintained school to have— a. a catchment area for the acceptance of pupils, and b. arrangements for the application of rules in relation to the catchment area. 2. the Department may make regulations about— a. the extent or operation of catchment areas b. rules in relation to catchment areas c. exceptions to the catchment area rules Laying only – approval required 3. the regulations may make provision for dealing with the application of the catchment area rules in cases where a child lives in more than one catchment area. Page 10 of 29 Print Survey - Cabinet Office of the Isle of Man Government - Citizen Space 24/01/2019 https://consult.gov.im/education-and-children/the-new-education-bill/consultation/pri... 14 These are some of the exceptions that have been suggested: a. on the grounds of a child's additional educational needs b. specific curriculum issues c. specific circumstances relating to the child Are there other aspects that should be considered? Please select only one item If yes please could you expand on your views in the box below. Inspections Schools currently undertake a process of self-review and evaluation which is externally verified and validated. It is proposed that the following is included to enable this to continue but also to be broad enough to cover other models and possible further developments. It is the responsibility of the Headteacher to oversee self-review of the school and the governors hold the Headteacher to account, with externally validated assessments of schools every three years. There are a number of exceptions as to why a pupil should go to a school in a different catchment area. Yes No Page 11 of 29 Print Survey - Cabinet Office of the Isle of Man Government - Citizen Space 24/01/2019 https://consult.gov.im/education-and-children/the-new-education-bill/consultation/pri... Inspections 45. Inspections 1. The Department must make arrangements for the inspection of maintained schools. 2. The Department must make regulations about the inspection of maintained schools. Tynwald procedure – approval required. 46. Inspection arrangements 1. The arrangements under section [Inspections] must include a requirement for each maintained school to carry out a self-assessment at least once in each school year. 2. Regulations under section [Inspections] may, in particular, make provision about— 1. the matters to be addressed in an inspection; 2. criteria to be applied in the course of an inspection; 3. records to be kept of an inspection; 4. information to be supplied to the Department; 5. information to be published; 6. timings of an inspection; and 7. actions to be taken for the purpose of remedying deficiencies identified in the course of inspections or self-assessments. 47. Interim and additional inspections 1. The Department must make arrangements for interim or additional inspections of maintained schools where the Department think it appropriate — 48. Inspections: supplementary 1. Inspections may be

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