Education Act, 1902 (partial text).a AN ACT to make further provision with respect to education in England and Wales. Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the lord's spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: PART I.-Local education authority. 1. For the purposes of this act the council of every county and of every county borough shall be the local education authority: Provided, That the council of a borough with a population of over 10,000, or of an urban district with a population of over 20,000, shall, as respects that borough or district, be the local education authority for the purpose of Part III of this act, and for that purpose as respects that borough or district the expression local education authority" means the council of that borough or district. PART II.-Higher education. 2. (1) The local education authority shall consider the educational needs of their area and take such steps as seem to them desirable, after consultation with the board of education, to supply or aid the supply of education other than elementary, and to promote the general coordination of all forms of education, and for that purpose shall apply all or so much as they deem necessary of the residue under section 1 of the local taxation (customs and excise) act, 1890, and shall carry forward for the like purpose any balance thereof which may remain unexpended, and may spend such further sums as they think fit: Provided, That the amount raised by the council of a county for the purpose in any year out of rates under this act shall not exceed the amount which would be produced by a rate of 2 pence in the pound, or such higher rate as the county council, with the consent of the local government board, may fix. (2) A council in exercising their powers under this part of this act shall have regard to any existing supply of efficient schools or colleges, and to any steps already taken for the purposes of higher education under the technical instruction acts, 1889 and 1891. 3. The council of any noncounty borough or urban district shall have power as well as the county council to spend such sums as they think fit for the purpose of supplying or aiding the supply of education other than elementary: Provided, That the amount raised by the council of a noncounty borough or urban district for the purpose in any year out of rates under this act shall not exceed the amount which would be produced by a rate of one penny in the pound. 4. (1) A council in the application of money under this part of this act shall not require that any particular form of religious instruction or worship or any religious catechism or formulary which is distinctive of any particular denomination shall or shall not be taught, used, or practiced in any school, college, or hostel aided but not provided by the council, and no pupil shall, on the ground of religious belief, be excluded from or placed in an inferior position in any school, college, or hostel, provided by the council, and no catechism or formulary distinctive of any particular religious denomination shall be taught in any school, college, or hostel so provided, except in cases where the council, at the request of parents of scholars, at such times and under such conditions as the council think desirable, allow any religious instruction to be given in the school, college, or hostel otherwise than at the cost of the council: Provided, That in the exercise of this power no unfair preference shall be shown to any religious denomination. (2) In a school or college receiving a grant from or maintained by a council under this part of this act: (a) A scholar attending as a day or evening scholar shall not be required as a condition of being admitted into or remaining in the school or college to attend or abstain from attending any Sunday school, place of religious worship, religious observance, or instruction in religious subjects in the school or college or elsewhere; and (b) The times for religious worship or for any lesson on a religious subject shall be conveniently arranged for the purpose of allowing the withdrawal of any such scholar therefrom. PART III.-Elementary education. 5. The local education authority shall throughout their area have the powers and duties of a school board and school attendance committee under the elementary education acts, 1870 to 1900, and any other acts, including local acts, and shall also be responsible for and have the control of all secular instruction in public elementary schools not provided by them, and school boards and school attendance committees shall be abolished. 6. (1) All public elementary schools provided by the local education authority shall, where the local education authority are the council of a county, have a body of managers consisting of a number of managers not exceeding four, appointed by that council, together with a number not exceeding two appointed by the minor local authority. Where the local education authority are the council of a borough or urban district they may, if they think fit, appoint for any school provided by them a body of managers consisting of such number of managers as they may determine. Here a The full text of the act was given in the Commissioner's Report for 1902, vol. 1, pp. 1018-1026. are repeated only parts referred to in the discussion of the new bill. The sections omitted are Part III, clauses 8-16, relating to the carrying out of the new requirements; Part IV, clauses 18-27, relating to powers of county and county borough councils not affected by the new bill and defining terms. (2) All public elementary schools not provided by the local education authority shall, in place of the existing managers, have a body of managers consisting of a number of foundation managers not exceeding four, appointed as provided by this act, together with a number of managers not exceeding two appointed (a) Where the local education authority are the council of a county, one by that council and one by the minor local authority; and (b) Where the local education authority are the council of a borough or urban district, both by that authority. (3) Notwithstanding anything in this section (a) Schools may be grouped under one body of managers in manner provided by this act; and (b) Where the local education authority consider that the circumstances of any school require a larger body of managers than that provided under this section, that authority may increase the total number of managers, so, however, that the number of each class of managers is proportionately increased. 7. (1) The local education authority shall maintain and keep efficient all public elementary schools within their area which are necessary, and have the control of all expenditure required for that purpose, other than expenditure for which, under this act, provision is to be made by the managers; but, in the case of a school not provided by them, only so long as the following conditions and provisions are complied with: (a) The managers of the school shall carry out any directions of the local education authority as to the secular instruction to be given in the school, including any directions with respect to the number and educational qualifications of the teachers to be employed for such instruction, and for the dismissal of any teacher on educational grounds, and if the managers fail to carry out any such direction the local education authority shall, in addition to their other powers, have the power themselves to carry out the direction in question as if they were the managers; but no direction given under this provision shall be such as to interfere with reasonable facilities for religious instruction during school hours; (b) The local education authority shall have power to inspect the school; (c) The consent of the local education authority shall be required to the appointment of teachers, but that consent shall not be withheld except on educational grounds; and the consent of the authority shall also be required to the dismissal of a teacher unless the dismissal be on grounds connected with the giving of religious instruction in the school; (d) The managers of the school shall provide the schoolhouse free of any charge, except for the teacher's dwelling house (if any), to the local education authority for use as a public elementary school, and shall, out of funds provided by them, keep the schoolhouse in good repair, and make such alterations and improvements in the buildings as may be reasonably required by the local education authority: Provided, That such damage as the local authority consider to be due to fair wear and tear in the use of any room in the schoolhouse for the purpose of a public elementary school shall be made good by the local education authority. (e) The managers of the school shall if the local education authority have no suitable accommodation in schools provided by them, allow that authority to use any room in the schoolhouse out of school hours free of charge for any educational purpose, but this obligation shall not extend to more than three days in the week. (2) The managers of a school maintained but not provided by the local education authority, in respect of the use by them of the school furniture out of school hours, and the local education authority in respect of the use by tnem of any room in the schoolhouse out of school hours, shall be liable to make good any damage caused to the furniture or the room, as the case may be, by reason of that use (other than damage arising from fair wear and tear), and the managers shall take care that, after the use of a room in the schoolhouse by them, the room is left in a proper condition for school purposes. (3) If any question arises under this section between the local education authority and the managers of a school not provided by the authority, that question shall be determined by the board of education. (4) One of the conditions required to be fulfilled by an elementary school in order to obtain a parliamentary grant shall be that it is maintained under and complies with the provisions of this section. (5) In public elementary schools maintained but not provided by the local education authority, assistant teachers and pupil teachers may be appointed, if it is thought fit, without reference to religious creed and denomination, and, in any case in which there are more candidates for the post of pupil teacher than there are places to be filled, the appointment shall be made by the local education authority, and they shall determine the respective qualifications of the candidates by examination or other wise. (6) Religious instruction given in a public elementary school not provided by the local education authority shall, as regards its character, be in accordance with the provisions (if any) of the trust deed relating thereco, and shall be under the control of the managers: Provided, That nothing in this subsection shall affect any provision in a trust deed for reference to the bishop or superio ecclesiastical or other denominational authority, so far as such provision gives to the bishop or authority the power of deciding whether the character of the religious instruction is or is not in accordance with the provisions of the trust deed. (7) The managers of a school maintained but not provided by the local education authority shall have all powers of management required for the purpose of carrying out this act, and shall (subject to the powers of the local education authority under this section) have the exclusive power of appointing and dismissing teachers. * PART IV.-General. 17. (1) Any council having powers under this act shall establish an education committee or education committees, constituted in accordance with a scheme made by the council and approved by the board of education: Provided, That if a council having powers under Part II only of this act determine that an education committee is unnecessary in their case, it shall not be obligatory on them to establish such a committee. (2) All matters relating to the exercise by the council of their powers under this act, except the power of raising a rate or borrowing money, shall stand referred to the education committee, and the council, before exercising such powers, shall, unless in their opinion the matter is urgent, receive and consider the report of the education committee with respect to the matter in question. The council may also delegate to the education committee, with or without any restrictions or conditions, as they think fit, any of their powers under this act, except the power of raising a rate or borrowing money. (3) Every such scheme shall provide (a) for the appointment by the council of at least a majority of the committee, and the persons so appointed shall be persons who are members of the council, unless, in the case of a county, the council (b) for the appointment by the council, on the nomination or recommendation, where it appears desirable, of other bodies (including associations of voluntary schools), of persons of experience in education, and of persons acquainted with the needs of the various kinds of schools in the area for which the council acts; (c) for the inclusion of women as well as men among the members of the committee; (d) for the appointment, if desirable, of members of school boards existing at the time of the passing of this act as members of the first committee. (4) Any person shall be disqualified for being a member of an education committee, who, by reason of holding an office or place of profit, or having any share or interest in a contract or employment, is disqualified for being a member of the council appointing the education committee, but no such disqualification shall apply to a person by reason only of his holding office in a school or college, aided, provided, or maintained by the council. (5) Any such scheme may, for all or any purposes of this act, provide for the constitution of a separate education committee for any area within a county, or for a joint education committee for any area formed by a combination of counties, boroughs, or urban districts, or of parts thereof. In the case of any such joint committee, it shall suffice that a majority of the members are appointed by the councils of any of the counties, boroughs, or districts out of which or parts of which the area is formed. (6) Before approving a scheme, the board of education shall take such measures as may appear expedient for the purpose of giving publicity to the provisions of the proposed scheme, and, before approving any scheme which provides for the appointment of more than one education committee, shall satisfy themselves that due regard is paid to the importance of the general coordination of all forms of education. (7) If a scheme under this section has not been made by a council and approved by the board of education within twelve months after the passing of this act, that board may, subject to the provisions of this act, make a provisional order for the purposes for which a scheme might have been made. (8) Any scheme for establishing an education committee of the council of any county or county borough in Wales or of the county of Monmouth or county borough of Newport shall provide that the county governing body constituted under the Welsh intermediate education act, 1889, for any such county or county borough shall cease to exist, and shall make such provision as appears necessary or expedient for the transfer of the powers, duties, property, and liabilities of any such body to the local education authority under this act, and for making the provisions of this section applicable to the exercise by the local education authority of the powers so transferred. INDEX. Act, board of education, 1899, 10; elementary education, 1876, 9, 15; 1880, 9; 1891, 9; municipal corpora- Administration, government: of parliamentary grant, 1839, 8, 9; of education, 8, 9, 10; independent, local: confusion of, 11; reforms in, 11. - local education: bill proposes to modify, 7; powers of school boards in respect to, 9; units of, Amendments, 17, 22, 25, 28. Appeal to board of education, 17, 33, 37, 39, 40, 41. Asquith, Rt. Hon. H. H., chancellor of the exchequer, importance of clauses 15 and 24 (education bill), Authorities, local education, elected school boards as, 9; county and borough councils made, 11; powers Balfour, Rt. Hon. A. J., on the education act of 1902, 10, 20; criticism of facilities for denominational Biblical. See Religious Instruction. Bill. See Education Bill. Birrell, Rt. Hon. A., president board of education, introduces education (England and Wales) bill Board of education, act creating and duties of, 10; minute, respecting limit of age for attendance upon Boards. See School Boards. Boroughs. See Authorities, Cities, and County Boroughs. British and foreign school society, schools established by, 8; requirements as to religious instruction, Brougham, Lord, fosters popular education, 8. Bryce, Rt. Hon. J., chief secretary for Ireland, on influence of school boards, 12. Campbell-Bannerman, Rt. Hon. Sir H., first lord of the treasury, on the main points of education Chamberlain, Rt. Hon. J., plan of "inside facilities" for all denominations in transferred schools, 17; Children, neglect of, in England, 1870, 8; solicitude for, 1906, 28. Church of England, National Society of, 8; schools of, 13, 14, 15, 22; service used at Eton, 19; teachers' Cities, dearth of schools in, 8; effect of school boards in, 9; administration unified, 11; autonomy with Clause, Cowper-Temple, 9, 20, 21; conscience, 9, 22, 33; Kenyon-Slaney, 11. Clauses, principal, of the education bill, 1906. See Education Bill and Birrell. Clifford, Dr. John, opposition to extended facilities for denominational instruction, 24. Cockerton judgment, 10. Coleridge, Samuel Taylor, on religious influence, 16. Conference, Bangor, on the bill, 24; Cardiff v. Council for Wales, 28. Commission, Royal, 19, 26. Committee, consultative to advise board of education, 10; proposed for Wales, 28. See also Education Compulsion v. Local Authorities, 11, 17, 23. Compulsory education, absence of, 8; provision for, 9, 15. Conscience clause. See Clause. Conservative ministry resigns, 7; opposition to education bill, 17-19, 21, 29. Contracting-out, clause respecting, 25, 33 (clause 5); opinions of, 25-26. Council, for Wales, 28-29, 39; London County, made authority for education, 12. Councils, Welsh, oppose education act of 1902, 11. Counties, number of administrative, England and Wales, 11; councils of, 11, 12, 36, 42. County boroughs, number of, 11; councils of, 11, 12, 42. Court decision, affecting school boards, 10; relative to pay of teachers for religious instruction (foot- Cowper-Temple clause. See Clause. Cowper-Temple teaching, 7, 30. Dates, principal, in history of popular education in England, 6. Delegation of powers respecting education, to education committees, 12, 43; to minor authorities, 27, 37. 24. Deputation from National Council of Evangelical Free Churches to protest against education bill, partial text of, 42-44: Councils of counties and county boroughs as education authorities, 42; Education (England and Wales) bill (1906): Introduced into House of Commons, 7; rapid progress of, Complete text: Part I, Provisions regarding elementary schools, 32-36; what elementary schools Part II, miscellaneous provisions, 37-39: Schemes with reference to delegation of educa- Part III, Council for Wales: Power to establish, 39-40. Part IV, supplementary provisions, 40-41: Allowance to teachers losing employment in Education, higher (i. e., secondary and technical), provisions as to, 10, 11, 28, 38, 42. |