Encyclopaedia Britannica, 11th Edition, "Echinoderma" to "Edward, prince of Wales" / Volume 8, Slice 10

by Various

(b) For schools not provided by the L.E.A. (voluntary schools) the act directs that there shall be a body of six managers, of whom four are to be “foundation managers,” and two are to be appointed as follows: in counties, one by the L.E.A. and one by the minor local authority, and in autonomous boroughs or urban districts both by the borough or urban district council (§ 6 [2]). Directions for the appointment of foundation managers are given by § 11, which in effect declares that, unless the trust deed of the school provides for the appointment of the required number, the foundation managers must be appointed under an order of the Board of Education, in making which the board are to have regard to the ownership of the school building and to the principles on which the education given in the school had been conducted in the past. It was found necessary for the board to make over 11,000 of these orders, a heavy task which was rendered the more formidable by the controversial character of the questions arising upon trust deeds as to the mode of appointment and the qualifications of managers.

(3) Maintenance of schools (§ 7). (a) Powers. The L.E.A. are required to maintain and keep efficient all public elementary schools which were necessary (i.e. which, as defined by § 9, have an average attendance of not less than thirty), under certain specified conditions, of which the most material are as follows. The managers must carry out the directions of the L.E.A. 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, and for the dismissal of any teacher on educational grounds (§ 7 [1] [a]). The consent of the L.E.A. is required to the appointment of teachers, but that consent may not be withheld except on educational grounds; and the consent of the authority is also required to the dismissal of a teacher unless the dismissal is on grounds connected with the giving of religious instruction (§7 [1] [c]).

(b) Liabilities. The managers are required to provide the school premises to the L.E.A. for use as a public elementary school free of charge, except that a rent is payable for the teacher’s residence where one exists; and the managers are further required out of funds provided by them to keep the school premises in good repair and to make such alterations and improvements in the buildings as might reasonably be required by the L.E.A. On the other hand, the L.E.A. are required to make good such damage as they consider to be due to fair wear and tear of rooms used by them (§ 7 [1] [d]). Thus, by virtue of the teacher’s house rent and the wear-and-tear allowance the voluntary managers secured a valuable set-off against the cost of ordinary repairs.

Any question arising under this section (§ 7) between the L.E.A. and the managers of a voluntary school is to be determined by the Board of Education (§ 7 [3]).

It is further provided with respect to teachers in voluntary schools that 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 is to be made by the L.E.A. (§ 7. [5]).

A provision, § 7 (6), known from the name of its author (d. 1908), Colonel Kenyon Slaney, M.P., as the Kenyon-Slaney clause, attracted considerable attention and formed the subject of much ecclesiastical controversy during the passage of the bill through parliament. The Kenyon-Slaney clause requires the religious instruction in voluntary schools to be in accordance with the provisions (if any) of the trust deed, but also to be under the control of the managers as a whole, whereas the common form of trust deed of the National Society reserves the control of religious instruction to the clergyman, whilst the clause was equally in conflict with the well-known sacerdotal principles of the Roman Catholic Church. Thus the clause represented a revival, as did the questions with respect to foundation managers, of the early controversy over the management clauses of the Committee of Council on Education. Its special interest lies, not so much in its intrinsic importance, as in the precedent it affords, specially notable as emanating from a Conservative source, for the overruling of trust deeds upon grounds of public policy. By way of saving another familiar provision of the trust deeds, a proviso to the Kenyon-Slaney clause reserves the existing trust-deed rights of appeal to the bishop or other denominational authority as to the character of the religious instruction.

Provision of New Schools.—New schools may be provided either by the L.E.A. or any other persons, subject to the issue of three months’ public notice, and to a right of appeal on the part of the managers of any existing school, the L.E.A. (in the case of proposed voluntary schools) or any ten ratepayers of the district, to the Board of Education on the ground that the proposed school is not required, or that a school provided by the L.E.A., or not so provided, as the case might be, is better suited to meet the wants of the district than the proposed school. Any enlargement of a public elementary school which in the opinion of the Board of Education is such as to amount to the provision of a new school is to be so treated for the purposes of the section, and any transfer of a school to or from the L.E.A. must be treated as the provision of a new school. In deciding appeals as to new schools and in determining a case of dispute whether a school was necessary or not, the board are directed to have regard to the interest of secular instruction, the wishes of parents as to the education of children, and the economy of the rates, but existing schools are not to be considered unnecessary if the average attendance is not less than thirty (§§ 8-9). The last-mentioned canons have played a prominent part in subsequent discussions. Experience of these sections has shown that though it is extremely difficult to set up new voluntary schools in face of opposition from the L.E.A., such opposition is rarely offered or pressed where any really strong local demand is shown to exist.

Aid Grant.—Section 10 provides a new aid grant payable to the L.E.A. in respect of the number of scholars in average attendance in schools maintained by them. This new grant, calculated by an elaborate method which need not here be set out, took the place of the grants under the Voluntary Schools Act 1897, and § 97 of the act of 1870 as amended by the Elementary Education Act 1897.

Education Committees.—The constitution of education committees is dealt with by § 17. All councils having powers under the act, except those having concurrent powers as to higher education only, must establish education committees in accordance with schemes made by the councils and approved by the Board of Education (§ 17 [1]). A scheme may provide for more than one education committee under a single council, but before approving such a scheme the board must satisfy themselves that due regard is paid to the importance of the general co-ordination of all forms of education (§ 17 [6]). All matters relating to the exercise by a council of their powers under the act, except the power of raising a rate or borrowing money, stand referred to the education committee; the council may also delegate to the education committee any of their powers other than financial powers as above (§ 17 [2]). Every scheme must provide (a) for the appointment of a majority of the committee by the council, the persons so appointed to be persons who are members of the council unless in the case of a county the council otherwise determine; (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 of the council; (c) for the inclusion of women. Provision was also made (d) for the representation in the first instance of members of existing school boards (§ 17 [3]).

Expenses.—All parliamentary grants are made payable to the L.E.A. instead of as previously to the managers (§ 18 [2]). The county council must charge a proportion of all capital expenditure and liabilities, including rent, on account of the provision or improvement of any public elementary school on the parish or parishes which in the opinion of the council are served by the school, such proportion to be not less than one-half or more than three-fourths as the council think fit (§ 18 [1] [c] [d]). The county council may also if they think fit charge on the parishes benefited any expenses incurred with respect to education other than elementary (§ 18 [1] [a]).