April 2016

NEWS AND GUIDANCE

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News and guidance

In the news

ASCL has been quoted widely in the media over the recent period on a range of issues. Expand

ASCL has been quoted widely in the media over the recent period on a range of issues.

ASCL’s response to the government’s English Baccalaureate (EBacc) proposals, in which we warned that music and drama could be squeezed out of timetables and could become “the preserve of the elite”, was reported in many national and local newspapers. So, too, was our press statement that teacher shortages were jeopardising standards, which came in response to a report by the National Audit Office (NAO), and that was quoted in The Guardian, the Daily Mail, BBC Online, TES and other media. We also joined forces with other teaching and school leadership unions, in a statement to the School Teachers’ Review Body (STRB) about funding cuts and the erosion of teachers’ pay, which was reported in the national press.

Responding to a statement by Ofsted Chief Inspector Sir Michael Wilshaw about the wearing of the veil in schools, we said that it was not the role of inspectors to judge schools on uniform policies and dress codes. This was reported in The Guardian, the Daily Telegraph and other media. Director of Policy Leora Cruddas was interviewed on LBC Radio and BBC Radio 5 live.

On the publication of this year’s school performance tables, ASCL “cautiously welcomed” the partial introduction of the new Progress 8 measure ahead of its full introduction next year. ASCL President Allan Foulds was quoted in the Daily Telegraph, and our comments were reported in other media, including BBC Online, TES and the Daily Express.

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Pensions update

The Chief Secretary to the Treasury published a written statement on Public Service Index and Revaluation 2016 ( Expand

The Chief Secretary to the Treasury published a written statement on Public Service Index and Revaluation 2016 (see the statement http://tinyurl.com/gvceax2 online). This announcement affects anyone with a public service pension scheme and advises the calculations used during the annual revaluation of public service pensions. 

In addition, you are advised to check the Teachers’ Pensions website here http://tinyurl.com/hu52kbx to see if your pension is affected by Lifetime Allowance, Annual Allowance and Tapered Allowance. Members whose pension is going to be more than £40,000 pa, or who have had a pay rise greater than £4,500 or whose salary is greater than £125,000 may be affected. 

If you think you need further assistance, you should seek independent financial advice in the first instance or, alternatively, contact the ASCL Hotline on 0116 299 1122. 

For more information on pensions, read the article on page 29 by ASCL Pensions Specialist Stephen Casey.


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Essential guidance papers

ASCL Funding Specialist Julia Harnden has written a new guidance paper to help schools with their financial planning and reporting. Expand

Strategic Finance: design principles and financial reporting 

ASCL Funding Specialist Julia Harnden has written a new guidance paper to help schools with their financial planning and reporting. A strategic plan clarifies direction and focus for governors, trustees and school leadership teams and ensures that everyone is working towards the same set of goals. 

It provides a roadmap for success and, in the current financial climate, solvency and survival. Strategic financial planning will ensure that the school gets the most out of available financial resources in a sustainable and effective way. 

The paper is relevant to senior leaders, business managers, governors, staff and officials involved in strategic financial planning and reporting. It applies to local authority (LA) maintained schools, academies and multi-academy trusts (MATs) in England. See the full guidance paper online: www.ascl.org.uk/stratfinanceplan 

Teacher Quality, Standards and Appraisal This guidance paper is for headteachers, principals, senior leaders and governors/ trustees in maintained schools in England. It covers teachers’ performance management, teacher quality, appraisal and the Teachers’ Standards and provides an overview of the requirements placed on schools around performance management and appraisal. See the full guidance paper online: www.ascl.org.uk/teacherqual

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Social media and IT

The use of social media and IT at work is something that exercises many schools and colleges. Expand

The use of social media and IT at work is something that exercises many schools and colleges. As a result, they may well have welcomed the media coverage of the European Court of Human Rights case Barbulescu v Romania (2016). Mr Barbulescu had argued that his employer’s monitoring of his private email account accessed via his employer’s computer was a breach of his right to a private life. 

The headlines suggested that employers now have an unfettered ability to monitor the emails and Internet use of staff. Further, they suggest that an employee found engaging in personal emails during working hours would be found guilty of gross misconduct. 

However, closer scrutiny of the judgment confirms that this is not the case. The Court was clear that Mr Barbulescu’s Article 8 rights were being infringed and that in the absence of a warning, there was a reasonable expectation of privacy in relation to email and computer usage. However, in this instance, the employer in question had implemented an absolute ban on the private use of work equipment. In addition, Mr Barbulescu had denied using the account for personal purposes, which had meant that the employer had to check the account to establish whether the use was professional or personal. 

As a result, the advice for schools and colleges remains the same as before the judgment. The starting point is an appropriately detailed set of policies on the use of IT, social media and the Internet, which sit hand in hand with policies on data protection and safeguarding and that are in line with the codes issued by the Information Commissioner. Those policies must set out the rights, but also the duties, of employees, together with information about how the monitoring of systems will be conducted, and how data will be processed and used. Next, those policies must be communicated to staff. Where breaches of policy are established with evidence, sanctions must be consistently applied. 

Please also see the ASCL Guidance Paper: Social Networking and Social Media (www.ascl.org.uk/socialguidance). It offers information and guidance when considering the safeguarding of staff in their use of social media, both at school or college and personally.

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Consultation over exams and Ramadam

This summer and for the next few years, Ramadan falls in the exam season ( Expand

This summer and for the next few years, Ramadan falls in the exam season (estimated start date 6 June 2016). There is concern about the potential negative impact fasting (for approximately 19 hours) and dehydration may have on exam performance. ASCL is currently consulting with faith leaders and plans to issue guidance for members by Easter. 

The way that a person observes Ramadan is a matter of individual conscience and the guidance will provide information to assist members to initiate early conversations with Muslim students sitting exams this year and their families and faith leaders. The guidance will not be prescriptive as the question of fasting is a matter for individuals and families. 

The ASCL guidance will give prominence to engagement with students and is therefore a good opportunity for civic, religious and political engagement and citizenship education.

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New DfE guidance on parental responsibility

The DfE has published new guidance for schools on dealing with parental responsibility issues. Expand

The DfE has published new guidance for schools on dealing with parental responsibility issues. 

Specific guidance for the education sector on this topic is very much welcomed. Schools regularly are stuck in the middle of disputes between separated parents and often need practical and legal advice on matters such as changing surnames, family court orders and dealing with requests for information. 

The guidance explains the law around the definition of ‘parent’, including the important distinction between a parent in family law and a parent in education law. It covers parental responsibility, the various court orders that can be made under family law, information sharing (recognising the different legal duties on academies and maintained schools) and parental consent. 

Importantly, the guidance also reiterates the general principle that the school’s duty to act in the student’s best interests is paramount. It recognises that sometimes schools will need to decline parental requests, particularly where there is an expectation that one parent is favoured over another. Schools are not family courts and should not be expected to settle domestic disputes. 

Inevitably, the area of parental rights can get complicated in some cases and, as stated in the guidance, in these circumstances, independent legal advice should be sought. However, the new guidance is certainly a helpful reference for schools, and their policies in this area should be applied in accordance with it. For more details, see the guidance online: http://tinyurl.com/jp8mo7c

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Face veils and uniform policy

Recent announcements from the Prime Minister and Ofsted have put the issue of face veils in education settings to the top of the agenda. Expand

Recent announcements from the Prime Minister and Ofsted have put the issue of face veils in education settings to the top of the agenda. 

The message from Ofsted is particularly worrying as it refers to inspectors downgrading schools where face veils are worn and are regarded as a barrier for learning. It is important for schools to consider their uniform policy in light of the updated information and for them to assess whether these concerns would require a change to that policy. 

In doing so, it will be useful for schools to consider the DfE guidance on uniforms that clearly suggests that changes to uniform policies should be subject to consultation with parents and the local community and have regard to any comments made as a result of race, religion or belief.

As public bodies, schools must consider the implications of the Equality Act 2010 and the Human Rights Act 1998 when making decisions. The aspects of race, religion and belief have been central to a number of recent cases relating to alleged breaches of both pieces of legislation and it is important for schools to consult widely and be seen to be taking account of all responses received. 

Furthermore, schools will need to ensure that variations to the uniform policy are possible and that refusals are based on reasons that link into why it was necessary to disallow wearing of the face veil. If reasons such as ‘barrier to learning’ are put forward, there will need to be evidence to support this and schools will need to be clear on how that barrier affects the rest of the school community.

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Term-time holidays

Controversy around the issue of term-time holidays is nothing new, but it is being increasingly debated and argued across the country. Expand

Controversy around the issue of term-time holidays is nothing new, but it is being increasingly debated and argued across the country. While some local councils, such as Brighton and Hove, are seeking to change their school calendars so as to create an additional week’s holiday outside of the standard holidays others are being seen to clamp down ever harder on parents who seek to take their children out of school during term-time. 

The wide-scale press coverage that was generated by the recent magistrate court’s decision in the case of Jon Platt, in which he successfully defended a prosecution for taking his child to Walt Disney World during term-time, highlights the importance of this issue to both schools and parents alike. 

Whilst Mr Platt successfully argued that section 444 of the Education Act 1996 only required ‘regular’ attendance rather than 100 per cent attendance, the local authority (LA) that issued the fine has appealed to the High Court for clarification as to what constitutes ‘regular attendance’ for the purposes of prosecution. It is anticipated that the High Court will confirm that it is for local authorities to determine what constitutes ‘regular attendance’ for the purposes of the Act. 

With increasing costs meaning that many parents and guardians are unable to afford holidays during school holidays, many are hoping that the upcoming High Court decision will provide much needed guidance to parents, schools and local authorities. A definitive definition of the meaning of ‘regular attendance’ should clarify to parents when (if ever) they can take their children out of school during term-time without being fined or prosecuted.

We therefore wait with anticipation for the upcoming High Court decision, whichever way it may fall.

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Keeping children safe

The DfE has consulted on further changes to parts 1 and 2 of the statutory guidance on safeguarding – Keeping Children Safe in Education ( Expand

The DfE has consulted on further changes to parts 1 and 2 of the statutory guidance on safeguarding – Keeping Children Safe in Education (see http://tinyurl.com/qdby9ke). The proposed changes include a requirement on schools to put in place clear measures to protect young people from harm online – including cyber bullying, pornography and the risk of radicalisation. Under the proposals published for consultation, all schools will: 

  • need to have appropriate filters and monitoring systems so that no child can access harmful content via the school’s IT systems and concerns can be spotted quickly; and 
  • be required to ensure that they teach their pupils about safeguarding, including keeping safe online 

The DfE acknowledges that most schools already do this but they are keen to test this assumption. Other proposed changes include clarifying the role of the designated safeguarding lead, providing cover for the role and increasing staff training requirements on safeguarding and child protection policies from every two years to “regular training, at appropriate intervals, as and when required, (at least annually).”

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Primary accountability

The DfE has published a technical guide ( Expand

The DfE has published a technical guide (see http://tinyurl.com/h7jfv8k) to some of the key changes to the primary school accountability system. This included the following key information: 

  • The primary school progress measure in 2016 (one of two headline accountability measures) will be based on the progress that children make between the Key Stage 1 and Key Stage 2 assessments in reading, writing and maths. A school’s performance against the new progress measure will be judged against that of other schools with similar starting points (that is, Key Stage 1 results). The guide includes detailed information on exactly how the progress score will be calculated. 
  • As expected, a primary school will be above the new floor standard if: 
  • at least 65 per cent of pupils meet the expected standard in reading, writing and maths, or
  • the school achieves sufficient progress scores in all of reading, writing and maths 

What classes as ‘sufficient progress’ will be confirmed once the first cohort of children has taken the revised SATs in the summer term. 

ASCL Primary Leadership Specialist Julie McCulloch is in regular conversation with the DfE’s accountability team about these changing measures. Please email julie.mcculloch@ascl.org.uk with any questions or concerns.

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Notes on guidance

Leader contains general guidance on the law that has been supplied by our partners Browne Jacobson LLP. Expand

Leader contains general guidance on the law that has been supplied by our partners Browne Jacobson LLP. If you have a specific legal issue relating to your role as an employer, we recommend that you seek advice from a qualified legal professional. Members can also call the ASCL Hotline on 0116 299 122 with respect to legal issues relating specifically to their own employment.

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Benevolent Fund to provide even greater support

Last December, the trustees of the Benevolent Fund of the former Headmasters’ Association ( Expand

Last December, the trustees of the Benevolent Fund of the former Headmasters’ Association (HMA) amalgamated their funds with the ASCL Benevolent Fund. This means that there is a significant and growing resource available to support ASCL members in whatever kind of need. 

The ASCL Benevolent Fund (ABF) is an important element in the association’s policy of providing protection and care for all of its members, past and present, and their dependants. While most members, active and in post, are unlikely to need help, a serious accident, redundancy, chronic illness or disability can change the situation quite traumatically. Whether it is a short-term financial crisis or a long-term problem, the ABF stands ready to help. Last year, the fund was used to assist more than 40 beneficiaries, representing a mix of long-term cases and short-term emergencies. 

If you know someone who may benefit from the fund or if you think you may benefit yourself, please call 0116 299 1122 or find out more online: www.ascl.org.uk/benevolentfund

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Save on your membership fee

Don’t forget, if you pay your ASCL membership yourself, 85 per cent of your subscription is allowable against income tax. Expand

Don’t forget, if you pay your ASCL membership yourself, 85 per cent of your subscription is allowable against income tax. You can claim this back on your tax return or, if you don’t submit a return, by writing to HM Revenue & Customs. Further details can be found on the HM Revenue & Customs website: http:// tinyurl.com/zcj8jmj

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#SLTchat #SLTchat #SLTchat

What do you do on a Sunday night between 8pm and 8. Expand

What do you do on a Sunday night between 8pm and 8.30pm? Chances are if you’re on Twitter and involved in education, you’ll be following #SLTchat. 

ASCL has hosted #SLTchat several times over the past few terms, presiding over some really positive and constructive ‘chats’. Recent topics include nurturing the next generation of school leaders, curriculum and assessment and, succession planning. 

Our social media reach increases by more than 80 per cent during a ‘chat’ week, demonstrating just how engaged the education community is with this influential resource. 

#SLTchat founder and ASCL member Ross Morrison McGill explains more about this weekly social media phenomenon: 

“Kick-started in August 2012, @SLTchat was a gap in the CPD [continuing professional development] market for school leaders all over the UK. The hashtag #SLTchat now commands a position in the social media community that few equals. It has become the go-to hashtag for advice and discussion about school leadership matters, interview advice and all-things curriculum, exams and assessment. 

“During the last academic year alone, high-profile hosts including Secretary of State Nicky Morgan, Rt. Hon. Tristram Hunt, Ofsted, DfE, ASCL and Future Leaders prove the sphere of influence the #SLTchat team offers school leaders provides the very best of educational discussions. 

“If you’ve never tried Twitter then you really should; it’s the best free CPD you can get and the @SLTchat community are always keen to share ideas and collaborate to solve the most complex of leadership issues and problems.”

#SLTchat is held every Sunday at 8pm during term-time. Follow the hashtag and join in. The chat is promoted throughout the week and curates a leadership theme, including the opportunity to vote for the questions you would most like to discuss.

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Leading Women’s Alliance

“The shocking underrepresentation of women in headship has been well documented in recent years”, says Dr Kate Chhatwal Chief Programme Officer at The Future Leaders Trust ( Expand

“The shocking underrepresentation of women in headship has been well documented in recent years”, says Dr Kate Chhatwal Chief Programme Officer at The Future Leaders Trust (www.future-leaders.org.uk). 

In secondary schools, women make up 37 per cent of heads and 64 per cent of the teaching workforce. In primary, the gap between heads and teachers is smaller, but still 15 percentage points (Schools Workforce Census 2014). 

Dr Chhatwal says, “This should be of concern to anyone committed to ensuring every child goes to a school led by a great headteacher (of any gender).” Dr Chhatwal and Carol Jones, ASCL’s Specialist for Leadership and Teacher Professionalism and Director of Headship at The Future Leaders Trust, are founder members of the Leading Women’s Alliance. The Alliance brings together schools, leadership organisations, researchers and networks committed to supporting more women to headship. 

They have developed a six-point pledge to create a systemic shift in the nation’s school leadership cadre. It proposes: 

  1. recruitment that tackles interviewer bias and promotes part-time working and job share 
  2. action to address the gender pay gap 
  3. systems to spot and nurture the female talent in our schools 
  4. programmes, coaching, mentoring and apprenticing that empower women to feel confident in their own authentic leadership 
  5. a package of support that facilitates personal determination and resilience to do the best for the children in our schools 
  6. the creation of diverse and supportive networks, so no one faces the challenge alone 

Over the coming months, they want to work systemically and with individual women and ask organisations to sign up to and implement the pledge. 

  • If you would like to find out more about the Leading Women’s Alliance, please contact Carol at carol.jones@ascl.org.uk
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Top education expert to lead school leadership foundation

Sir Michael Barber ( Expand

Sir Michael Barber (below), one of England’s most respected and influential education experts, has been appointed as the independent chair of the new Foundation for Leadership in Education. 

His appointment is a major step forward in the work of the Foundation, an independent and profession-led body for the development of the outstanding school leaders of the future. The aim would be for this country to be a world leader in leadership development. 

Sir Michael is Chief Education Adviser of education company Pearson. He previously served as Head of the Prime Minister’s Delivery Unit from 2001 to 2005, and as Chief Adviser to the Education Secretary on school standards from 1997 to 2001. 

Sir Michael said, “In a school system with devolved responsibility and clear accountability, the quality of school leadership becomes decisive. Every parent knows how important it is for each school to have a great headteacher. It is exciting to see the profession itself taking responsibility for making that possible. 

The Foundation will collaborate with all those committed to high quality, innovative school leadership.” 

Stephen Munday, Executive Principal of Comberton Village College, in Cambridgeshire, and a member of the Teaching Schools Council, has been appointed vice chair of the Foundation. The Foundation will help schools build a pipeline of excellent leaders with the skills, knowledge and support to give every child an outstanding education. 

It will focus on the development of school leaders, working with providers of professional learning to quality assure courses and devise clear progression routes for aspiring leaders. The Foundation will promote greater equality and diversity in leadership teams. 

It will devise and oversee new standards for each phase of educational leadership, and it will identify and share research on the most effective practice. 

The Foundation is being established by ASCL, the National Governors’ Association (NGA) and the National Association of Head Teachers (NAHT). It will be run by a board of trustees and developed in consultation with the profession.

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Assessment of reformed qualifications

Ofqual has confirmed the assessment arrangements for reformed GCSEs, AS level and A level qualifications for first teaching in 2017. Expand

Ofqual has confirmed the assessment arrangements for reformed GCSEs, AS level and A level qualifications for first teaching in 2017. See more online here: http://tinyurl.com/hx9lhto


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Report backs ASCL’s call for greater transparency over RSC decisions

The House of Commons Education Committee has published a report entitled The Role of Regional Schools Commissioners ( Expand

The House of Commons Education Committee has published a report entitled The Role of Regional Schools Commissioners (see http://tinyurl.com/jlkmec9

Commenting on the report, ASCL Interim General Secretary Malcolm Trobe said, “We are pleased the Education Committee has supported ASCL’s call for greater transparency over how Regional Schools Commissioners (RSCs) reach decisions about exactly when and how to intervene in schools judged to be underperforming. 

“ASCL highlighted the fact that the DfE does not currently publish the frameworks which RSCs use to guide their decisions. We said that this was not helpful and contributed to confusion about their role and powers. 

“The Education Committee’s report has recommended that the DfE publish these frameworks. The decisions made by RSCs affect the lives of school leaders, teachers, students, families and communities. It is therefore essential that the process is as transparent as possible so that people can fully understand the rationale for decisions and have confidence in the system. 

“We hope the DfE will now act upon the Education Committee’s recommendation.”

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ASCL Influence

Here is just a small selection of the meetings and lobbying activity that senior ASCL officers have been involved with on your behalf and, in particular, we have highlighted areas where ASCL has had a direct influence on policy. Expand

Here is just a small selection of the meetings and lobbying activity that senior ASCL officers have been involved with on your behalf and, in particular, we have highlighted areas where ASCL has had a direct influence on policy.

Funding 

Interim General Secretary Malcolm Trobe and Funding Specialist Julia Harnden met with the DfE Funding Team working on the national funding formula. They emphasised the difficulties that schools were under because of the significant cost pressures on a static budget. They also made clear that the principles of the ASCL Funding Policy (see www. ascl.org.uk/policyfunding) around sufficiency, equity and sustainability should be driving the new funding formula. 

Malcolm attended a meeting of the Education Funding Agency (EFA) Advisory Board where he made similar points about the cost pressures on schools and colleges. He also asked that specific issues were tackled, including forward planning for schools and colleges affected by the latest floods and cost pressures around private finance initiative (PFI) contracts. 

Education and Adoption Bill ASCL has successfully lobbied Parliament on the Education and Adoption Bill 2015–16, to effect changes to the regulations defining ‘coasting schools’ and possible interventions. The amendments include: 

  • The Regulations on Intervening in failing, underperforming and coasting schools will be subject to affirmative procedure (formal approval of both Houses of Parliament) before becoming law. 
  • The Secretary of State must put in those regulations the definition of a coasting school (rather than merely having the ‘power’ to do so). 
  • Schools must be notified if caught by the coasting definition (previous wording here was vague). The response to the consultation on the definition and coasting criteria is still awaited. ASCL Parliamentary Specialist Anna Cole has led on this work. Our response to the consultation is here: www.ascl.org.uk/Intervening 

EBacc 

In our response to the government’s consultation on the English Baccalaureate (EBacc) (see http://www.ascl.org.uk/ebaccconsult), ASCL made a number of crucial points. 

We strongly believe that a school’s curriculum should be determined by school leaders and governors. All schools need a challenging curriculum if all of our students are to be able to compete globally. ASCL supports the principle of core academic subjects being crucial to a young person’s future and the equality of opportunity this offers. However, we believe there has been a conflation between what is a core academic curriculum and the narrow range of subjects in the EBacc. We believe that the proposed set of subjects set out in the EBacc are important but not sufficient. 

Following the reform of GCSEs there are other equally valid, rigorous and beneficial subjects that young people could study that would also improve life-chances and maintain broad options post-16. ASCL has had a direct influence on several specific proposals within the government’s EBacc consultation. These are as follows: 

  • The consultation document states an ambition for 90 per cent of students nationally to be entered for EBacc. We argued strongly that this should be a national ambition and not a requirement on individual schools – the expectation is that some schools will have higher entry and some schools in more challenging circumstances may have lower entry. 
  • The consultation proposes that school leaders will be able to decide whom they put forward for EBacc entry. While certain groups of students are named in the document as possibly groups for whom EBacc may not be appropriate (complex special educational needs (SEN), new arrivals and so on) heads/principals will have absolute discretion. We made a strong case for school leaders to have this discretion. 
  • In terms of accountability, the consultation document proposes that EBacc entry and EBacc achievement (EBacc average point score) will appear in the headline measures alongside Progress 8, Attainment 8 and percentage of students achieving a good pass in English and maths. Although these measures will appear in the Ofsted framework, it is proposed that they will not be a limiting factor (that ASCL argued for) on the basis that ‘no single measure can determine the outcome of an inspection’ (the consultation document uses our exact wording). It is proposed that the floor standard will not be linked to EBacc – a point that ASCL pushed strongly for. 

Holocaust education 

The Education Select Committee quoted ASCL’s written evidence in its report into Holocaust education (see http://tinyurl.com/jzl8qru ). In our evidence, we shared examples of the good work that schools are doing to educate young people about the Holocaust. We said that a good approach would be to continue to raise awareness and promote Holocaust education, provide high-quality resources and share good practice. 

We highlighted the importance of recording survivors speaking of their experiences and those of their families and friends while the opportunity exists to do so and making these recordings available more widely online. 

We also emphasised the importance of allowing schools and colleges sufficient leeway to develop approaches that suit their particular circumstances and the need to ensure that they are adequately resourced to do so. See our evidence online: www.ascl.org.uk/Holocaust 

CEIAG update 

ASCL Vice President Sian Carr attended the first evidence session of the Parliamentary Sub-Committee on Education, Skills and the Economy with its focus on Careers Education, Information, Advice and Guidance (CEIAG). Sian emphasised the need for a sustainable and consistent model for delivery that spanned a greater length of time than the five years of a Parliament. 

Constant change in strategy and policy does not support the high-quality CEIAG that our young people deserve and need. Such a model should have three strands (as set out in our evidence to this committee): a curriculum-led approach that would need to be fully funded, further development of employer engagement that ensures equity in coverage and a national framework agreement of CEIAG providers.

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LEADING READING