Schools can also contract with each other to provide education hours (which are usually shorter for teachers than for college
in partnership. Section 166 of the Education and Inspections Act lecturers).
2006 provides a statutory basis for schools and further education Partners may also choose to establish joint student policies,
colleges to collaborate formally. T_h e Collaboration Arrangements which deal with disciplinary procedures and pastoral care to ensure
(Maintained Schools and Further Education Bodies) Regulations that all pupils within the collaboration have the same rules and
2007 allow schools and further education colleges to enter into receive the same level of support from teachers and other staff .
a legally binding agreement together, subject to their governance Where facilities such as a 6th form centre, classrooms or a sports
documents. T_h e regulations do not set out a prescriptive approach hall are to be shared, the partners will need to decide what rights
to collaborative working, but do provide a basic framework for each has to use the buildings. T_h is can be done by creating leases or
legal partnerships. If they wish, schools and further education licences over the property. It may be that one partner will own the
colleges can also establish a joint governance committee under the buildings, while another leases part of it to teach its pupils. Usually
regulations. the owner of the land will take out insurance to cover users and
T_h is model is already being used by some schools and colleges. bear responsibility for any liabilities or claims. T_h ere are also child
T_h e fi rst collaboration of this kind in the country is Macclesfi eld protection issues to consider where older pupils are sharing facilities
Learning Zone in Cheshire. Macclesfi eld College has joined forces with those who are much younger. In this case, areas could be
with Macclesfi eld High School to create a shared 6th form which separated for use by 6th form pupils and adult learners, while other
has a joint governance committee. T_h e school and college also parts of the building are dedicated to secondary pupils.
formally agreed to share teachers and facilities to give their students
the choice of the widest possible range of qualifi cations. Big changes for pupils and for schools
T_h e new Diplomas herald a new era of choice for pupils aged 14 to
Practical considerations 19. T_h e shift towards greater emphasis on work-related experience
Schools and colleges that want to establish a formal collaboration in addition to academic study will mean students will obtain
will have a wide range of issues to consider at the outset. To well-rounded qualifi cations that equip them for the world of work.
name but a few, they will need to agree rights over buildings But it is not only young people who will fi nd that the educational
and facilities, joint student and employment policies, and how landscape has opened up by 2013. T_h e new responsibility of local
liabilities are to be shared. T_h ere will need to be a contract between authorities to commission education and the forthcoming legal
the parties which sets out their rights and responsibilities and requirement for schools to collaborate will mean a step-change in
provides the detail of how the partnership is going to operate on a learning is provided locally.
day-to-day basis. Ultimately, however, the success of the new Diplomas will depend
If the partners choose to establish a joint governance committee, on the co-operation, innovation and determination of schools and
there will need to be representation from each institution so that colleges working together to provide young people
the responsibility for decisions and for liabilities are shared. In with greater educational choice. DD
practice, a joint committee is likely to include the headteachers of
schools, principals of colleges, and the chair of governors of both. • Rebecca Taylor-Onion is an education
Partners will also need to decide how to deal with funding. specialist at education law fi rm
Funding will follow the learner under the “machinery of Browne Jacobson. Visit www.
government” changes, so where schools and colleges share brownejacobson.com
educational provision, a formula will be required
for exchanging funding for pupils who are
taught by diff erent institutions within a
partnership.
Joint employment policies are also
likely to be necessary where teaching
is shared by schools and colleges.
T_h ese policies will need
to address issues such as
disciplinary procedures
and working
20 Delivering Diplomas • Volume 1 No 1 Autumn 2009
19-20 legal.indd 8 17/9/09 18:27:00
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