Notes for Division Meeting: November 27th 2003

Previous Meeting's notes: (October 16th 2003)

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Suffolk Division NUT
Executive Committee (17:30 - 18:30)
and DIVISION COUNCIL MEETING (19:00 - 21:00)

November 27th 2003 Venue: Chantry High School, Ipswich

Apologies already recorded: For EC / Both: Glenys Shepherd; For Council: Annie Pickess.

*=Items for Executive Committee

dot=Items for Division Council

Section A: National with National Executive Report

  1. dot Report from Glenys Shepherd.
  2. NUT News 33: Spot the Difference
  3. NUT News 31: Ice Age Dawns and new on-line Salary Calculator
  4. NUT News 30: Stop it now! NUT announces ballot for a boycott of tests at KS1 and 2 in England. KS3 boycott subject to another ballot.
  5. NUT News 29: The Ice Age II
  6. NUT News 28: NUT opposes government plans to raise teachers' retirement age
  7. A letter from John Illingworth has announced that he is withdrawing his nomination to stand for election as General Secretary, due to ill health.
  8. *NUT Guidance on Using Commercial Materials in Schools: a booklet entitled Education Not Exploitation. Division to order?
  9. Government announces pay freeze for teachers: The PA said: "Teachers' pay is to rise 2.5% in line with inflation next April. They will get a bigger rise of 2.95% in the 2005-6 financial year, although it will be staggered, via a top-up, to 3.25% from September 2005. The STRB has bowed to Mr Clarke's demand for a deal covering more than one year to prevent another budgets crisis by giving schools time to plan ahead. The STRB has also agreed with his request that the basic pay rise for teachers in England and Wales should be kept in line with inflation. Mr Clarke has accepted the STRB's recommendation that it should re-examine the promised increases if inflation goes above 3.25% or below 1.75% for 12 months, and that the pay year for teachers should start in September. Unions were likely to be disappointed that the basic increase was not larger and angered by Mr Clarke's determination to limit the numbers of more experienced teachers allowed to move up the pay scale. The Government believes that about a third of those eligible should be allowed to do so but unions see this as a betrayal of promises by former Education Secretary David Blunkett that all those who qualified should get the increases. The STRB suggested talks on how to resolve the row over the senior teachers' pay scale. Mr Clarke agreed but said those teachers would have to be graded and externally assessed according to strict criteria before they could get the increases. And he has decided to implement the STRB's recommendation that management allowances should be frozen and replaced with a new system a year early, from April 2004, not 2005."
    Circulars from HQ, etc:
  10. dot03-178-SALS - LEA AND SCHOOL FUNDING 2004-06 re. Government announcement on local authority funding for 2004-05 and the 29 October DfES announcement on measures relating to LEA and school funding for the next two financial years. Attachments: NUT Briefing on rules governing the revised education funding system from 2003-4; NUT Briefing on package of transitional protection measures for 2004-5 and 2005-6 including the "minimum funding guarantee" for schools, and and NUT questionnaire to divisions re. anticipated problems for 2004-5, plus involvement in Schools Forums.
    LEA Funding Allocations for 2004-05
    · LEAs have been allocated funding under the following headings used under the revised system introduced in April 2003: - overall LEA education spending (Formula Spending Share or FSS); - spending on LEA responsibilities (LEA Formula Spending Share or LEA FSS); and - spending on schools (Schools Formula Spending Share or SFSS).
    · The total increase in LEA FSS for all authorities is 3.4 per cent and the total increase in Schools FSS for all authorities is 5.8 per cent.
    · The minimum increase in each LEA's Schools FSS allocation for 2004-05 will be 5 per cent per pupil. The increase in total Schools FSS of 5.8 per cent means that most LEAs will receive increases above 5 per cent, but the maximum "ceiling increase" for individual LEAs will be 6.8 per cent per pupil.
    · Central Government grant support will be at least equal to the increase in Schools FSS in order to limit the likelihood of "excessive" council tax rises (some LEAs faced difficulties this year when grant support increases did not match Schools FSS increases).
    · The DfES states that the minimum increase in each LEA's Schools FSS allocation for 2005-06 is expected to be again around 5 per cent per pupil. Passporting
    · LEAs must passport their increases in Schools FSS in full into matching increases in their Schools Budgets and must set their proposed Schools Budgets by 31 December 2003.
    The Government has "a clear expectation that every LEA will do this, barring wholly exceptional circumstances" and has stated it will use its power to set a minimum Schools Budget where any LEA fails to set an adequate budget.
    · The DfES estimates that schools face average budget increases of 3.4% as a result of unavoidable cost pressures from teachers' pay increases (based on the 2.5% pay increase for 2004, overhang from the 2002 pay award and incremental progression), support staff pay increases and various increased non-pay costs. Schools will receive a minimum increase of 4% in funding per pupil and 4% in their fixed costs budgets.
  11. 03-175-O&A - ELECTION FOR NATIONAL EXECUTIVE MEMBERS - 2004-2006
  12. dot03-174-SALS - STRB REPORT 2004-2006; Summary; NUT Press Release, pay scales 2004-2005
    1. Salary Increases: The STRB has supported the Government's call for a long-term pay award and has recommended salary increase for the period 1 April 2004 to 31 August 2006 together with a revised pay date of September in place of April as at present. The STRB recommended increases in the pay scales of 2.5 per cent from 1 April 2004 and 3.25 per cent from 1 April 2005 to apply until 31 August 2006. The Secretary of State has accepted the recommendations for 2004 but has worsened the recommendations for 2005 and substituted an increase of 2.5 per cent from 1 April 2005 to 31 August 2005 with a further 0.75 per cent from 1 September 2005, to apply to 31 August 2006. The change in the pay year has also been accepted by the Secretary of State. The STRB recommended a re-opening clause under which any of the parties could ask the STRB for a review of the foregoing percentage increases if the average rate of headline inflation for the respective preceding twelve months exceeds 3.25 percent or falls below 1.75 per cent, i.e. provision for an increase or decrease in the proposed salaries. The Secretary of State has added additional conditions to that recommendation and has said any recommendations would need to be considered carefully by the Government on merit and with due regard to affordability and would need to take account not just of the headline rate of inflation but also the underlying rate of inflation, which excludes mortgage costs.
    2. The Upper Pay Scale The STRB has effectively accepted the Government's proposals to limit and to reduce teachers' ability to progress on the Upper Pay scale. It has recommended urgent consultation on a new framework to be completed by 5 January 2004 for operation from September 2004, and these recommendations have been accepted by the Secretary of State. The new framework is to include:
    · rigorous criteria which enable schools to identify those teachers who are performing at the highest levels;
    · a grading system which enables schools to rank the performance of teachers in their school in relation to those criteria; and
    · a system of external assessment, using the threshold model.
    The STRB's intentions are clearly summarised in the following extract from their Report: "We believe this should result in a tapering pattern of progression in which teachers will have the opportunity, on performance grounds, to move up the scale, but progressively fewer of them will do so."
    3. Management Allowances The STRB recommended a similar increase in Management allowances from 1 April 2004 and that they be frozen at that level pending the introduction of new arrangements to take effect from April 2005 which would "make payment for specific, additional, weighty responsibilities targeted on teaching and learning", with a maximum level of payment of £11,000. The criteria for the recommended review include consideration of greater flexibility to schools over the value of such payments within the new arrangements. The STRB's recommendations are also based on a reduction in the number of allowances and a reduction in the number of teachers receiving management allowances. The Secretary of State has decided that management allowances should be frozen with immediate effect and that any new arrangements should operate from 1 April 2004 or as soon as possible thereafter, but has accepted the overall approach of the STRB.
  13. 03-173-O&A - EXTENSION OF BALLOTING PERIOD - ELECTIONS FOR OFFICERS OF THE UNION (SENIOR & JUNIOR VICE PRESIDENT, TREASURER AND EXAMINERS OF ACCOUNTS): 2004-2006
  14. *03-172-EE0 - STANDARDS FUND 2004-2005: ETHNIC MINORITY ACHIEVEMENT (EMAG) AND VULNERABLE CHILDREN (VCG) GRANTS. Suffolk once again has its grant frozen=another cut in provision (now happened two years running). Suffolk EMAG staff contacted. Secretary intends to inform local MPs.
  15. *03-171-H&S - HEATING IN SCHOOLS: copy of latest guidance.
  16. *03-170-EEO - NATIONAL CURRICULUM TESTS CAMPAIGN: EC to ask Associations to report on local activity (under Local Association Reports).
  17. 03-169-EEO - BILL TO BAN JUNK FOOD ADVERTISING TO PRE-SCHOOL CHILDREN. Copy of Debra Shipley's speech.
  18. 03-168-EEO - GENERAL TEACHING COUNCIL (ENGLAND) ELECTIONS 2004
  19. 03-167-M&C - DATE OF DIVISION SECRETARIES' BRIEFING 2004: Wednesday, 13 to Friday, 15 October 2004.
  20. 03-166-EEO - NUT SEMINAR FOR EDUCATIONAL PSYCHOLOGISTS: 6 FEBRUARY 2004
  21. 03-165-M&C - A GUIDE TO SABBATICALS IN EDUCATION: current edition of the VSO guide to education opportunities with Voluntary Service Overseas. VSO website details added to our links page.
  22. 03-164-M&C - THE SCHOOL WORKFORCE AGREEMENT: WORKING AT DIVISION LEVEL: SUMMARY FROM DIVISION SECRETARIES' BRIEFING 2003
  23. 0dot3-163-EEO - SECRETARY OF STATE'S STATEMENT ON SCHOOL FUNDING-2004-06: 29 OCTOBER 2003 and NUT Press release.
  24. 03-162-M&C - JUST BECAUSE YOU CAN TEACH, DOESN'T MEAN YOU CAN TRAIN!
  25. 03-161-O&A - SUBMISSION OF 2004 CONFERENCE MOTIONS
  26. dot03-160-SALS - PROGRESSION TO UPPER PAY SCALE POINT 3: Secretary of State has asked the Review Body to make further recommendations in November 2003 on progress to UPS3 among other issues. The Secretary of State may then publish proposals for statutory consultation with the Union and other parties. The Union's position is clear. LEAs should not issue guidance regarding teachers' progress to UPS3 which conflicts with or anticipates changes to the provisions of the School Teachers' Pay and Conditions Document. Where LEAs propose to issue any such guidance, divisions should seek to secure their LEA's agreement that such guidance will not be issued.
  27. dot03-159-CCU - A BAN ON JUNK FOOD ADVERTISING TO CHILDREN: Secretary e-mailed all Suffolk MPs requesting they support a 10-minute rule bill on 4th Nov. Bob Blizzard, Chris Mole and David Ruffley all replied saying they were supporting. DRuffley included details of previous exchanges on this issue. Also press release from HQ:
    NUT welcomes Debra Shipley¹s Bill to ban fast food advertising from children's television Commenting on the Bill, Doug McAvoy said: "This is a welcome initiative by Debra Shipley. There has been a major increase in promotions by fast food manufacturers targeted directly at children. It is an issue which directly concerns schools. Poor diet and poor health are two sides of the same coin. The fact that the Bill is being introduced brings a welcome and wider focus on the way schools are being targeted by fast food companies. The NUT's own guidance on using commercial materials in schools emphasises the need for caution about the educational value of commercially sponsored materials and the importance of weighing the potential impact of such materials on children's health."
  28. 03-155-EEO - THE INDUCTION SUPPORT PROGRAMME FOR NEWLY QUALIFIED TEACHERS IN ENGLAND, NUT Briefing. Although separate funding for NQT induction has ended, the DfES claims that it is now incorporated in the main local government finance system. DfES guidance tells heads that £1000 per NQT per term is an appropriate level of funding for induction purposes. Guidance document DfES/0458/2003 available from www.teachernet.gov.uk/nqtinductionguidance .
  29. dot03-154-EEO - LAPTOPS FOR TEACHERS. The scheme was introduced in January 2002, and further plans are now in place for the scheme to continue until 2006. The scheme provides for school ownership of the laptops and does not require any financial contribution from teachers. The DfES and Becta have recently launched a Laptops for Teachers website (www.lft.ngfl.gov.uk) which provides information on the initiative, including guidance on funding and eligibility.
  30. *03-153-O&A - UNION DEMOCRACY WORKING PARTY ELECTIONS
  31. *From Derbyshire NUT: expressing concern over Dave Harvey's "personal and insulting attach" on Derbyshire Nat Exec member Bill Greenshields, re. article in newspaper on re-modelling. Letter seeks to "set the record straight" re. Bill's intentions and what he actually wrote, and has said in Executive.
  32. From Disability Rights Commission: New publication Eight Point Six, Issue 1.
    Section B: Regional: John Dixon/Hilary Bucky to Report
    Section C: Division / Executive Committee:Division Secretary, Martin Goold, to report, including items from the preceding Executive Committee meeting.
  33. dotAutumn Briefing Nov 2003sent to LA Secs 10/11/03: Headings: SATs boycott; Workload Issues, Going part-time, Pension worries, Heating in schools.
  34. Future of Primary Education: Division's response to consultation paper "Meeting New Challenges" was forwarded to LEA (JSc) on October 22nd. It addressed proposals both for "Federated schools" and for "Extended schools".
  35. dotAutumn Briefing 2003 forwarded to LA Secs November 1st for distribution to all members. Contents: SATs Ballot, "Forbidden" 24 tasks; Time for management and leadership; NQT remission of teaching time; Work/life balance; Planning, Report writing; Not facilitating the employment of unqualified staff taking the place of qualified teachers; Performance management of support staff; Pension contributions for part-time teachers; Proposed pension changes; Heating in Schools. Published on website.
  36. dotAdmissions Policy 2005 onwards: Suffolk NUT responded by reminding the LEA of the duty of care that schools must exercise when considering admitting a pupil who has a proven record of violence towards other pupils or staff. The draft policy sought to force schools to take any pupil, regardless of any risk assessment (which they omitted from the procedure!). We reminded LEA that admitting a child known to have caused injuries, without a proper risk assessment and precautionary measures, would be in contravention of the Health and Safety at Work, etc., Act 1974. We also renewed our call for a transfer protocol to be produced for use by schools when receiving a new pupil, where that pupil is transferring from another school. No response from LEA, as yet!
  37. Staffing Regulations: County Secretaries met with TS and AA on 20th November to discuss LEA's view and advice to schools re. new regulations in place already (from Sept 1st 2003):
    dotDelegation to headteacher of staff appointments and dismissals LEA to urge caution and to point out the exceptions, which could in fact be the norm as they include "where the headteacher has been directly involved in disciplinary procedures leading to dismissal, has instigated a proposal to dismiss, or is a witness of particular conduct giving grounds for the dismissal in question."
    Disciplinary and Capability Procedures These will have to be amended to take account of the new regulations, but there is no urgency and the option to continue to work through governing bodies will be highlighted.
    LEA role in headteacher appointments We pressed the LEA to ensure that they exercise their legal right (duty?) to raise concerns, in writing, about the suitability of candidates for headteacher posts, before shortlisting, and after. There are a number of "legitimate reasons" for the LEA to object to a candidate for headship, listed in para. 3.2 (f) of the guidance to Sections 25(8) and 36(8) of the Education Act 2002.
    dotLEA role in support staff appointments (Community, VC and maintained nurseries) - important for future appointments of HLTA, cover supervisors, etc. Section 5 of the guidance insists that the LEA remains the legal employer and has responsibility for "ensuring that the requirements of equal pay legislation are complied with. For this reason it is important that the LEA is consulted about issues of pay and grading".
    Para 5.6 says that schools must inform LEAs of appointments and include a job specification "sufficiently detailed to enable the LEA to come to a view about the appropriateness of the recommended grade. No offer of employment should be made until this recommendation has gone forward and the LEA has had an opportunity to make representations.
    The LEA can refuse to confirm an appointment if the person's qualifications are not met (regulation 3.3 of the staffing regulations).
    The LEA will also point out to Governing Bodies that it will be necessary for them to decide formally to delegate powers of dismissal, etc. before they can be exercised by the Headteacher. Some (Secondary) headteachers seem very anxious to use their new powers.
  38. dotWorkforce Reform: Meeting of the Workforce Group took place on 21st November.
    Organisation Janet Wellings has been appointed "Champion". Joint Norfolk & Suffolk Steering group set up. The current TU Workforce Group is one of 3 groups being consulted by the Suffolk County Steering Group (JW, S Boardman, A Aldred, J Lee, L Wragge and Mick Meadows (training) from Suffolk LEA): other groups are SCC Educ Manage Board, and the National agencies (DfES, WAMG, NRT, NCSL, TTA, OFSTED.) Secondary Project Leader has been appointed (D Whittaker) and starts on Jan 1st based at Shire Hall. Primary PL to be appointed (20th Nov?) and will be based in Norwich. Interviews for Project assistants set in December.
    Unqualified Staff LEA will be expected to advise schools and exercise its powers for Community, etc, schools under the Staffing Regs to check "innovative interpretations" (SHA expression). SHA concerned about use of "gained time". SHA said that their policy was to appoint unqualified staff on a rate similar to unqualified teacher rates. NUT suggested that, if Heads used the existing regulations re. employment of unqualified staff, there would be no objection from NUT members. The essential difference would be that such appointments would not be permanent, as they would be pending the appointment of a suitably qualified teacher. TTA has issued standards for Higher Level Teaching Assistants and NEOST has a proposed job description, but there has been no agreement as yet with UNISON on a rate of pay under Single Status. Under new Staffing Regs, LEA would have to establish a Single Status evaluation before confirming an appointment!
    Survey of Suffolk Schools LEA surveyed schools re. removal of the 24 tasks. 230 responses. All commented on lack of finance. High Schools in best position, then MS, but Primaries in difficulties. Many SMT staff taking on extra tasks to compensate. Primaries not sure whether "invigilation" should apply to their SATs, which are mostly taken in class. Many teachers want to retain the task of putting up their own displays.
    NRT website Each LEA has a (password accessed) web page on which they MUST (??!) post for every school (??!) a report re. progress on workforce reform. Suffolk had not started this (and had not even been informed of its existence!). The pages can be read by others.
    LEA role LEA will be working via link adviser visits to promote (Autumn 03) Target Setting; (Spring 04) School improvement plan/budget support for remodelling and (Summer 04) S4 self-evaluation.
    Communications LEA has published its first newsletter to schools, with a request to copy to ALL STAFF. DfES proposes to conduct a campaign amongst the public / parents.
    Training LEA lead officers have been trained; Advisers next in line. Governor training also started (NRT has done a governors' pack). There are 6 schools in Suffolk which are "Pilots", "Self-nominators" or "Early adopters" and are to be trained Jan-Feb 04. Headteacher +1 to be trained in all schools by end of Summer Term. Costs of school training to be met from the school's CPD budget. Various organisations are offering training, including NCSL (consultants).
    School Level Schools are being advised to establish a remodelling team, to include support and teaching staff, NQTs as well as organisers (SMT/Middle Managers).
    Future The National Bodies have started talking about Phase 2 of workforce reform (i.e. beyond 2006)
  39. dotSevere Weather Procedures: JNC has been pressing the LEA to inform schools that the requirement for teachers unable to get to their work through snow, etc., to report to their nearest school, has been discontinued. DJET wrote to all schools on 20th November stating; "All staff have a duty to attend their place of work if they can, and if the Headteacher has decided to close the school to pupils for the day, this should not in itself prevent staff from reporting for work. Staff should decide for themselves their proper course of action, bearing in mind that they are not expected to put themselves at risk by travelling in severe weather conditions. It is expected that all Headteachers will discuss in advance with their staff arrangements appropriate to their school." Secretary will send out to Reps. a note containing this advice a.s.a.p. DJET's note came too late for the Autumn Briefing.
  40. "Progress" on outstanding issues:
    dotReview of operation of the General Complaints Procedure Secretary met with Tom Scherb on 20th October to seek improvements to the procedure used in Suffolk. Area Offices had useful internal guidelines for investigations/handling of complaints. TS agreed to look a ways of imparting this good practice to schools undertaking their own enquiries (i.e. most complaints do not go beyond the school gates.)
    *Industrial Injury: determination that an absence is due to industrial injury (non-physical) Secretary and ATL Secretary Ann Boxall took up remaining issues with AA on 5th November. Agreed: (1) Early identification of potential cases via payroll event and Area Office query; (2) initial triage by Area Education Personnel who will make a recommendation re. acceptance of absence as being due to an "industrial injury", (3) Occupational Health may be asked to give an opinion (i.e. no need to "attest" and (4) if the cause is disputed, an ad hoc panel (LEA/JNC/Co. Solicitor) would consider written submissions and pronounce. Such a determination would be without prejudice to normal rights to seek redress through legal channels. AA hoped to be able to have a detailed proposal ready for February JNC.
    LEA Guidance to schools on Absence Policies Secretary and Ann Boxall of ATL met AA on 5th November to discuss proposals of JNC panel on July 9th. Response from LEA was very positive and all points were accepted. AA undertook to make appropriate amendments to the SCC Personnel Manual. He asked for help in providing model absence policies. Suffolk NUT has already submitted suggested principles (based on HQ circular).
    Parental/adoptive leave, etc Still no information on procedures, payments and budgetary responsibilities, from LEA who are waiting for NEOST who are waiting for ACAS.
  41. *Salaries of Heads of PRU and Second in Unit. Meeting with Co. Secs fixed for 24th November was postponed by the LEA and re-arranged for 24/11/03. LEA sought to postpone that as well, but we insisted on presenting our case at that meeting.
    NUT Proposals for PRU pay
    Teacher in PRU Main Scale + 1 Management and 1 SEN point
    (or Main Scale + 1 SEN point and 2nd SEN point where qualify)
    Create new Deputy Head of Unit L6 - L12 (currently £34336 - £39838)
    Head of Unit L8 - L12 (currently £37344 - £43290)
    Response awaited at another meeting, on 17th December.
  42. Meeting with Learning and Skills Council, 21st November. Sec attended for NUT. Penny attended as JNC convenor. NATFHE are now attending.
    LSCs are being re-structured and will be slimmed down locally, but have more to do, including responding to the current 14-19 Area Inspection. College funding is already known (in first year of 3-year plan).
    School sixth-form funding will increase at 4% as per the SS's announcement, but funding will still be subject to clawback if schools over-estimate numbers. There are 8 6thforms in Suffolk with fewer than 150 students, and further 8 in the 150-200 range. This classifies half of our 6th forms as "small" or "smaller". There are implications for breadth, choice, opportunities, transport costs, etc. We tied this in to the discussion re. a University for Suffolk, and the need to retain advanced work within a school, to attract suitable applicants who also work in the main school.
    14-19 agenda: there was considerable discussion re. developments likely to follow the Tomlinson report. The L&SC was already undertaking a lot of the liaison / developmental work re. "alternative curriculum" arrangements. Kirkley and Chantry were mentioned as already in productive partnerships. There is going to be some cross-over and confusion, plus dangers of continuing a vocationa;/academic divide (where schools do the academic and colleges / employers do the vocational training). Colleges area already unable to provide proper facilities for vocational courses because of their budgetary constraints and uncertainties. Schools have not started looking at building engineering workshops, etc. and have dismantled woodwork / metalwork workshops if they were included in a truly comprehensive build in the 60s.
    Kathryn Bryant has now provided the Division with a copy of the details of 6th-form funding (2003-4). We also received a copy of "14-19 Entitlement", from the DfES which is their advance publicity, anticipating Tomlinson. Not generally seen in schools.
    Only 40% of Modern Apprenticeships are actually "completed", in the sense that all requirements are met and a qualification awarded. This is normally because of failing Key Skills Tests. However, the vast majority get a job with their training employer because the employer is satisfied with the work-based results of training.
  43. *Secretary has prepared a local briefing for Heads, Reps and LEA outlining policy on Part-Time contracts, in the absence of any up-date in the Suffolk Personnel Manual (and errors in the manual re. method of calculating part-time pay. Sent to RO for checking.
  44. Future Venues:
    November 12th 2003 Chantry High School, Ipswich
    *February 5th 2003 Ipswich TC and Stowmarket LLC not available. Penny researching commercially available options.
    *Correction: The date of the 2004 Membership Meeting is Thursday 1st July 2004, not as previously indicated in the plan of work. Please amend diaries (Local Association Treasurers, Secretaries, Membership Secretaries, and Division Officers).
  45. dotCourses and Conferences: Secretary and assistant secretary attended the 14-19 Conference at Hamilton House on 14th February.Report available separately.
  46. dotStudent Recruitment Secretary wrote to all Reps in High Schools receiving students from the Suffolk SCITTs. Sec intends to contact all Reps of Spring term receiving schools.
  47. dot Health & Safety: John Osborne to report on County Safety Committee meetings.
    Section E: Local Associations, etc
  48. Reports on SATs campaigning

Date of next meeting: February 5th 2004

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