§ Mr. David Porter
To ask the Secretary of State for Education if he will make a statement on the respective duties and responsibilities of(a) teachers, (b) heads, 412W (c) governors and (d) local education authorities to ensure testing of the national curriculum at key stage 3 in the current year; and what are the penalties in each case for failure to comply.
§ Mr. Robin Squire
It is the duty of local education authorities and governing bodies to exercise their functions with a view to securing, and the duty of the head teacher to secure, the implementation of all aspects of the national curriculum including the key stage 3 tests. Under their contracts of employment, classroom teachers are required to carry out duties under the direction of the head teacher. Head teachers are also under a contractual duty to carry out their statutory obligations.
If a teacher or head teacher is in breach of contract of employment it falls to his or her employer to consider what action to take. The employer would decide what, if any, disciplinary action is called for, except in an LEA-maintained school with a delegated budget, where it would be the responsibility of the governing body. If an LEA or governing body acts unreasonably or fails to carry out one of its duties then the Secretary of State has the power to issue a direction to that governing body or LEA.