The Legal Status of Religious Education Tuesday 17th September 2013 RE PGCE King’s College London

Introduction zThe legal requirements for Religious Education set out in primary legislation from 1944 to 1993 have been consolidated in the 1996, 1998 and 2011 Education Acts. zReferences are mainly to the 1996 Education Act and to the DCSF Education Circular 1/10, Religious Education in English Schools.

The Main Requirements of the Law zReligious Education is NOT part of the National Curriculum. Together with the NC, RE is part of the Basic Curriculum, which is each pupil’s entitlement. zTherefore, the curriculum for every maintained school must include provision for Religious Education zReligious Education for most, but not all pupils, is determined, by the local agreed syllabus zReligious Education must be provided for all registered pupils in maintained schools including those in reception classes and sixth forms.

The Nature of RE z‘Every Agreed Syllabus shall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.’ (1996 Education Act, section 375.3)

The Nature of RE RE shares the aims of the soon-to-be-replaced National Curriculum which are expressed as follows: The curriculum should enable all young people to become: ySuccessful learners who enjoy learning, make progress and achieve yConfident individuals who are able to live safe, healthy and fulfilling lives yResponsible citizens who make a positive contribution to society

The Nature of RE zAn agreed syllabus must be non- denominational, i.e. religions must not be presented according to the perspective of any particular religious group z‘Syllabuses must not be designed to convert pupils, or to urge a particular religion or religious belief on pupils. (DCSF Circular 2010)

The Local Agreed Syllabus zThese are written and prescribed at local level by SACREs: Standing Advisory Councils on Religious Education zThey are constituted by four groups: Christian and other groups the Church of England Teachers’ Associations The Local Authority zTheir functions include: responsibility for the Agreed Syllabus determining requests for exemption from worship revising provision and advising on teaching methods advising the LA in the case of complaint against it publishing an annual report

RE in Particular Contexts zCommunity (including Specialist schools) and Voluntary Controlled Schools must teach Religious Education in accordance with the local agreed syllabus zFoundation Schools, both those with and those without a religious character, must teach Religious Education in accordance with the local agreed syllabus zVoluntary Controlled Schools and Foundation Schools with a religious character may in addition, teach denominational religious education according to their trust deed, to children whose parents request that it is given by ‘reserved teachers’

RE in Particular Contexts zVoluntary Aided Schools must provide religious education in accordance with their trust deed and the wishes of the Governing Body zSixth Form Colleges must provide religious education for all students who wish to receive it zAcademies and Free Schools provide RE in line with the law but the nature and time allocation is entirely at the governors’ discretion.

RE in Particular Contexts zAcademies are not required to adopt any agreed syllabus but must ‘make provision for religious education which is broadly in line with that in maintained schools’ zSpecial (SEN) Schools are not required to teach religious education in accordance with the local agreed syllabus, but should ensure that ‘so far as practicable, every pupils should receive religious education’

Responsibility for RE zEvery LA must review its local agreed syllabus within five years of the last review zResponsibility for the provision for religious education in county maintained and voluntary controlled schools lies with the Headteacher, along with the Governing Body and the LA

RE and Rights zParents have the right to withdraw their children from religious education and this right should be clearly stated in a school’s brochure zTeachers in community, foundation and voluntary controlled schools have the right to withdraw from teaching religious education

Sir Ron’s Legacy: Time for RE zSir Ron Dearing made the following recommendations in his ‘Final Report’ in 1995: zKey Stage 1 (5-7) 36 hours per year zKey Stage 2(7-11)45 hours per year zKey Stage 3(11-14)45 hours per year zKey Stage 4(14-16)40 hours per year

‘Centralisation’ of RE? zWhilst the legal framework has remained the same, there have been significant non-statutory developments in the form of the ‘National Framework for Religious Education’ (2004) and the ongoing development of schemes of work, for the purposes of exemplification. zAgreed Syllabuses Conferences are encouraged to use the framework to inform the revision of their syllabuses. zThe inclusion of level descriptors describing pupil attainment in terms of an 8 level scale, ensured that a comparable process of assessment, as for National Curriculum subjects, was available for RE. zBUT the new NC has now removed all reference or requirement for the use of levels.

RE and the Coalition: continuing implications? zThe EBacc [English Baccalaureate] was introduced by Michael Gove soon after the new Coalition Government got into power. The EBacc consists of 5 GCSEs A*-C in English, Maths, Science, MFL and a Humanity. This is used to measure school success on league tables. zRE is not included as one of the Humanity subjects for the EBacc. The RE community and the general public were ignored. zAlso RE was not included as one of the subjects considered as ‘facilitating’ entrance to Russell Group Universities. zPupils have to stay in education and/or training until they are 17 from This is rising to 18.

[Relatively] new news? zNew GCSE Religious Studies criteria were brought in. New specifications have been written and taught since September zThese are going to be revised again to introduce linear specifications for GCSEs and A Levels. zGCSE numbers and results have consistently risen for RE over previous years, but this year the EBacc has impacted negatively. zAS and A2 numbers and results remain strong likewise, but the failure to be included as a Russell Group ‘facilitating’ subject has also impacted negatively.

And what has yet to happen? zGCSEs are now NOT being replaced by English Baccalaureate Certificates, but the GCSE grading system is being changed to focus on higher achievement. zGCSE short courses may be removed. zThere will be no coursework, no modular work and no re-sits. There will be end of course exams. zThe National Curriculum has been re-written with new orders in place from September zRE was not included in the initial review leading to the new NC orders, but it is undergoing a review at the present moment to be completed this year. This includes programmes of study.

P.S. Collective Worship zThere must be a daily Act of Collective Worship for all pupils zVoluntary Aided Schools are free to follow the guidance of their foundation bodies zIn Community Schools, Collective Worship must be “wholly or mainly of a broadly Christian character, without being distinctive of any particular denomination” and “appropriate to the family background, ages and aptitudes of the pupils”. zA Headteacher may apply to the local SACRE for a determination if these two prove incompatible, for the school as a whole, or for a named group within it.