The Education (School Teachers’ Appraisal) (England) Regulations 2012
[2012 No. 115]
These Regulations, which apply to England only and come into force on 1st September, revoke and replace the Education (School Teachers Performance Management) (England) Regulations 2006 (“the 2006 Regulations”). The main provisions of the Regulations to note include the following:
Regulation 1
The Regulations apply to any teacher employed for one school term or more
The Regulations do not apply to teachers undergoing an induction period or subject to capability proceedings.
Regulation 2
For the purposes of the Regulations:
School means a community, voluntary, foundation, community special or foundation school or a maintained nursery school;
Teacher means a school teacher as defined in section 122 of the Education Act 2002, essentially teachers whose pay and conditions are determined by an order of the Secretary of State.
Regulation 3
The governing body of a school is required to adopt and make available a document setting out the appraisal process to teachers employed at the school, and the local authority is required to do so in relation to unattached teachers employed by that authority.
Regulation 4
The governing body of a school must appoint an external adviser to provide advice and support in relation to the appraisal of the head teacher.
Regulation 5
Establishes the appraisal period, essentially twelve months unless the relevant body i.e. either the governing body or the local authority decide otherwise.
Regulation 6
The governing body of a school must inform the head teacher of the standards against which performance will be assessed and set objectives for the head teacher in respect of the appraisal period. In setting those objectives the governing body must consult the external adviser appointed under Regulation 4;
The head teacher must inform each teacher employed at the school of the standards against which performance will be assessed and set objectives for each teacher in respect of the appraisal period.
The governing body must exercise its functions to secure the head teacher’s duties are complied with;
A local authority must inform any unattached teachers it employs of the standards against which performance will be assessed and set objectives for each teacher in respect of the appraisal period.;
The standards referred to are contained in the document published by the Secretary of State in July 2011 entitled “Teachers Standards” and may include any other standards relating to performance published by the Secretary of State as the head teacher, governing body or local authority determines as applicable.
The link to “Teachers Standards” is: https://www.education.gov.uk/publications/standard/publicationDetail/Page1/DFE-00066-2011
Regulation 7
Requires the annual appraisal of teachers performance, which must include an assessment against the appropriate standards and objectives, an assessment of the teacher’s professional development needs and, where relevant, a recommendation on pay;
In the case of a head teacher the governing body must consult the external adviser appointed under Regulation 4;
The governing body must exercise its functions to secure the head teacher’s duties are complied with.
Regulation 8
A written report recording the appraisal must be provided.
Regulation 9
Provision is made so that the 2006 Regulations will continue to apply in relation to any cycle in progress at the time of coming into force of these Regulations;
The governing body, in relation to teachers employed in the school, or the local authority in relation to unattached teachers may decide to curtail an appraisal cycle in progress when the new Regulations come into force.
The CES Model Performance Management Policy will be reviewed in light of the new Regulations.
Contact details:
Mike Pittendreigh
Asst Director of Education
Telephone: 02077989190
