Riding Roughshod over Democracy !

Whatever the failings of the British Parliamentary system, it has always been assumed that the various, often lengthy, processes to enact new laws at least ensured that all legislation was properly scrutinised by our elected representatives.

In a move that may tell us something about how the coalition will conduct business in the “new politics”, the Academies Bill was passed last night, having been rushed through its Parliamentary stages.

Those schools determined to fast-track an Academy application have been able to pursue a route that completely disregards the normal process of law- they can apply on the assumption that the law will say what the Secretary of State wished it to say (regardless of any alterations or amendments made by Parliament during the passage of the Bill !) We used to assume that laws could not be applied retrospectively. However, in a letter to Christine Blower, Michael Gove stated that:

“..on the Academy Order you are correct to say that an Order cannot be made before enactment of the Bill…. However this does not mean that any work being undertaken now is unlawful. Clause 12 of the Bill ensures that any steps taken by a governing body to convert to Academy Status is treated as satisfying the requirements of the Bill when it becomes an Act. We have taken the necessary steps so that schools that wish to open as an Academy in September can do so.” (you can read the full text of the letter here)

Christine Blower responded to the passing of the Bill today, saying:

"The Government is undermining proper parliamentary democracy by rushing this legislation through. We have written to all schools who have told us they want to be Academies by September to ask what consultation they have done with parents and other members of the local community. We don't believe that many will have done that sufficiently and this could well create a legal minefield. It would not be reasonable for any school to try to consult during the holidays while staff and parents are away, so few if any will be able to take further steps before September.

“Since before the election, the NUT has warned that a timetable for schools reopening as Academies in September 2010 would be impossible. The schools minister was unable to dispute this last night, proving that the Government’s boasts were entirely empty. In fact, all that the Government’s arrogance has done is provide those in favour of state education a window of opportunity to campaign against conversions wherever such plans are announced.

“The NUT will continue to campaign in September to persuade governing bodies to remain in their local authority family of schools. Where governing bodies consider Academy status, we will of course campaign for a ballot of all parents before the decision is made.”

Executive Report: July 2010

The full executive met at Stoke Rochford Hall on July 15th.

Christine reported on political work of the union- we are actively building/rebuilding bridges with Labour MP's. Meetings have taken place with a number of newly elected members, and with old allies such as John Trickett and Jon Cruddas. John is also involved in setting up a group to look at alternative economic policies, and the NUT has been invited to participate in this. It is not a campaigning group, rather a forum for politicians, trade unions, NGOs etc, to discuss alternative strategies to the swingeing cuts.

Christine emphasised the importance of not getting drawn into a turf-war over the cuts (i.e. "don't cut us, cut something else") and look at ways we can protect public services.

Christine reported that we will be running joint fringe meetings with the other teachers unions at the three main political party conferences this autumn- with the theme "England's Schools: Free for All ?"

While we had our issues with the Building Schools for the Future programme, we share the outrage that 700 schools in need have seen their promised new buildings cancelled. We will be supporting teachers and communities: as part of this there is a lobby of Parliament next week against the BSF cuts.

Michael Gove has written to Christine answering concerns about the "fast track" academy proposals and schools complying with legislation such as TUPE. In his reply, rather extraordinarily, he claims that he does not want schools to "rush" into this process. He also recognised the concerns about consultation, and pointed out that a new clause in the Academy Bill provides a requirement for governing bodies to consult before proceeding with a conversion.

It was noted that over 70 MPs had signed the Early Day Motion on consultation over academies. Also, the NUT has suggested amendments on SEN provision, admissions codes and other areas which we have seen taken up by sympathetic peers or MPs.

Christine reported that the number of schools pursuing the fast-track to Academy status (opening in September) is likely to be as low as 30. If the legislation is not passed, she could not see how any of these could succeed, and there is the possibility of a legal challenge from us or the other Unions if the TUPE transfer process is not completed properly.

Last week, we launched the policy document Make Assessment Measure Up with the ATL- Christine and Mary Boustead jointly did the press launch. There were questions to us, in the light of the SATS campaign, about why the NAHT was not a partner in this project. The simple reason is that they already have their own very comprehensive policy for Assessment Reform, which you can view here. We continue to work closely with the NAHT is discussing the ways forward following the SATS boycott, which saw a quarter of schools in the country not setting the tests, and support from many more head teachers who regretted that they were not in a position to join the action themselves. You can read the full list of Primary schools which boycotted the SATS by clicking here.

Christine and the union continue to work closely with the American teachers union the NEA. They are facing a range of similar issues to teachers in the UK- especially over the privatisation and fragmentation of the education system. Prior to his election, President Obama had been critical of Charter Schools and similar, but seems to have made something of a u-turn on coming to power ! Christine expected us to develop our strong working relationship further with the NEA, and that this would involve building links between activists as well as just at "office level".

The Social Partnership is dead (not that we mind, we were never admitted, as we refused to sign the workforce agreement that removed the requirement for qualified teachers in front of classes !) The new government wants to meet with the education trade unions, but in a less formal structure to the old Social Partnership: the new Education Forum will bring the General Secretaries of the teaching unions, and the Minister every 8 weeks. Unlike the Social Partnership, there will not be an obligation for all sides to reach agreement !

The first meeting had discussed pupil discipline and tackling bureaucracy. Some of the latter suggestions seemed a little alarming (ending statutory reporting and monitoring of bullying incidents etc.) but it was useful to confirm that neither OfSTED nor Government expect a written lesson plan for every lesson !

Finally, Christine reported that she had attended an excellent training launch in Brighton for Show Racism the Red Card, of which the NUT is a major sponsor. She urged us to make sure that there is a continuing NUT presence at these events. We will also be supporting Show Racism the Red Card events in universities in the autumn term.

Elsewhere in the Executive meeting, the delegation to the TUC Congress in Manchester was agreed- I will attend as a member of the TUC national LGBT Committee. Content for motions will also be discussed.

The meeting ended with a warm farewell to John Bangs- head of the Education department, who is retiring after more than 30 years service to the NUT in various roles. John is not leaving education behind completely, as he takes up a post as visiting lecturer at the Institute of Education, and also possibly at Cambridge, where he enjoyed a sabbatical last year. John was given a standing ovation by the executive.

EEPD: OfQual Review

OfQUAL, the regulator of qualifications, examinations and assessments in England, has been conducting a consultation on the regulatory framework for national assessments.

Notwithstanding the NUT’s view that the national assessment arrangements are in urgent need of review and that National Curriculum Key Stage 2 tests are not fit for purpose and should be replaced by moderated teacher assessment, we welcome the opportunity to respond to OFQUAL’s proposals for a new regulatory framework for national assessments.

The EEPD Committee noted and approved the response paper drawn up by colleagues in the EEPD department. As soon as this is available online, I will post a link here. In the meantime, colleagues who would like to know the detail of this should contact me.

STOP PRESS: I have received an e-mail from OfQual pointing out that, of course, any interested person can take part in the consultation, and we would encourage members of the union to have their own say ! You can access the full OfQual consultation by clicking here.

EEPD Committee: Academy Myths

The NUT has commissioned a paper from independent consultant Martin Rogers, the former head of the Children's Services Network. The paper explores the detail of points made in Michael Gove's letter to schools encouraging them to pursue Academy status, and gives some excellent points to use in our campaign to maintain schools within the Local Authority framework. Some of the points are reproduced below:-

Points from Michael Gove’s letter to ‘outstanding’ schools:

"Freedom from local authority control"
Local authorities (LAs) haven’t “controlled” schools for at least two decades. They have a number of key strategic roles, which help ensure that our increasingly diverse system of largely autonomous schools functions coherently. Most schools value the contribution LAs make.

"Ability to set your own pay and conditions for staff"
This is a freedom from central government control – and one that few existing Academies have made use of (just as few grant maintained schools did when they, too, had the same freedom). Unions and most staff oppose it, and it has the potential to be highly disruptive if widely adopted.

"Freedom from following the National Curriculum"
This too is a freedom from central government – which has promised to cut the national curriculum and give all schools greater freedoms in the second Education Bill, probably in the autumn.

"Ability to change the length of terms and school days"
Current arrangements are determined by Regulations, which the Secretary of State could alter to enable all schools to make these changes. Foundation and voluntary aided schools can already set their own terms, and maintained schools can determine their session times, subject to Regulations.

"Having greater control over school budgets"
All schools already have full control over their individual school budgets.
Freedom to spend the money the local authority currently spends on your behalf. LAs retain part of the Dedicated Schools Grant (DSG) for provision of a range of central school services and functions. Academies receive a grant to replace this element, and much of it is recouped from LAs. Academies will need to purchase these services, from the LA or elsewhere. If a lot of schools become Academies, the loss of funds could threaten the viability of services for other schools.

There are a range of further points in the paper that respond to information posted on the DfE website, and issues raised during the debate on the Academies Bill in the House of Lords. If you would like a copy of these, please contact me.

EEPD Committee: Primary Curriculum

The Tory/Lib Dem coallition have announced that they will not be proceding with the reform to the primary curriculum that was started under the previous government following the Rose Review. The existing national curriculum arrangements will remain in place for the next academic year.

You can read the NUT's response to this decision, with detailed advice and guidance by clicking here.

EEPD: TUC Congress Motion

The committee agreed to put forward a motion to September's TUC Annual Conference on the subject of Academies and Free Schools. We have been doing a lot of work jointly with our sister unions in TUC, (both teaching and school support staff) , and are hopeful that this will continue to build cross-union support for this issue.

Proposed Motion from the NUT to TUC Annual Congress

Congress reiterates its support for a state-funded, publicly-managed and democratically accountable education system. Congress rejects the Government’s Academies and Free Schools legislation, believing that such a policy will widen the gap between rich and poor, fuel inequity of entitlement to high quality education and fundamentally undermine local communities’ involvement in their schools.

Congress believes that the planning of school provision should be returned to local authorities, which should also have control over schools’ admissions criteria, the employment of school staff and the use and disposal of school land and buildings.

Congress recognises that a majority of the public opposes the removal of schools from the maintained sector and supports the principle of a good local school for every child.

Congress believes that the governance of schools should be by, and on behalf of, school communities with the full involvement of parents, local community representatives, staff and local authorities.

Congress instructs the General Council to:

i. oppose the Government’s plans for Academies and Free Schools and to campaign for all schools to remain within the maintained sector;

ii. provide full support to unions taking action where Academies and Free Schools undermine the pay and conditions of their staff;

iii. keep affiliates fully informed, through briefings, guidance and other documents, on the latest Government developments; and

iv. establish a campaigning group within the TUC to both oppose Government moves to break up the maintained school system and to put forward the TUC’s vision for comprehensive education in the 21st Century.

TUC LGBT Conference and Pride

I was again proud to be part of the NUT's delegation to the annual TUC Lesbian, Gay, Bisexual and Trans Conference, which took place between 1st and 2nd July at Congress House.

A packed agenda saw debates on a range of issues, from the Equalities Act (and whether it will be implemented under the new government) Education, LGBT Asylum rights, International campaigns (such as in Uganda, where there are attempts to introduce the death penalty for homosexuality)

The NUT motion to the conference reiterated the right of teachers (and other workers) to be "Out" at work. There were also a range of interesting and informative guest speakers, including the excellent campaigning gay journalist Johann Hari.

I was proud to be asked to move the emergency resolution on the economy, on behalf of the TUC LGBT Committee- I emphasised that the #6bn of cuts in the emergency budget would hit frontline services hard, and would have a particular effect on funding to many voluntary sector groups who work with the LGBT community, on central services from local authorities such as health schools or PSHE advisory staff. I also highlighted that, while there were positive noises from the new Government on some elements of LGBT rights, there still lurked a considerable number of the most reactionary and homophobic Tory MPs, now sat on the government side !

I had to leave early, but the conference was addressed by the new Equalities Minister, Lynne Featherstone (a Liberal Democrat) I am told that there was some robust questioning, including on the Prime Minister's patchy record on supporting LGBT rights (and indeed his amnesia over how he voted on issues such as same-sex adoption)

The following day was London Pride, where the NUT had a float for the first time, as well as our usual stall in Trafalgar Square. Colleagues from across the country joined us, as we demonstrated that we were "Teachers- Out and Proud"