Education Law outlines what parents and children can expect of an Education system, including what students are entitled to and what Education settings are responsible for.
Guernsey’s current Education Law was agreed in the 1970s but based on UK legislation from the 1940s and some elements of educational practice date as far back as the turn of the century. An urgent review of the current Education Law was recommended as part of the 2012 Mulkerrin review of education in Guernsey.
At the 21 June States meeting, Deputies will be asked to approve an Education Law Review. Assuming the propositions are passed, the Law Officers will then draft a new Education Law based on the policy letter. The Committee for Education, Sport and Culture anticipates that the new law will go in effect in September 2025.
Quick digest
To understand the new law quickly, watch the videos and read the FAQs on the gov.gg/educationlaw page.
Amendments
Burford/Oliver
Amendment 1 – clarifies that parents may decide to home school their child at any point.
Burford/Oliver
Amendment 2 – removes means-testing for the cost of exams for students who are home-schooled.
Burford/Oliver
Amendment 3 – promotes a collaborative approach with home-schooling families when the Committee decides on the frequency and extent of monitoring and support visits.
St Pier/Bury
Amendment 4 – ensures that age-appropriate sexual health and relationship education is included in the law.
St Pier/Soulsby
Amendment 5 – adds term limits for school governors.
Soulsby/Le Tocq
Amendment 6 – repeals the Ladies College (Guernsey) Law 1962, particularly the requirement for LC governors to be approved by the States.
Matthews/De Lisle
Amendment 7 – removes fixed penalty fines for non-school attendance
Trott/Fairclough
Amendment 8 – complex amendment that seeks to push back on ESC control of the colleges.
Trott/Fairclough
Amendment 9 – further pushback on ESC control of the colleges.
St Pier/Trott
Amendment 10 (not yet published on gov.gg) – remove remuneration for Chairs of Boards of Governors.
Looking in more depth
1. In March 2023, ESC ran a consultation survey for parents, teachers and the wider public on various aspects of the new law. The results of that consultation are in the appendices to the policy paper. You can read them HERE.
2. One fundamental change in the new law is the introduction of Governance Boards for each school (school governors). This shifts responsibility for 20 education settings, and 7,000 students, away from the political committee. The details of how the Governance Boards will be organised are in an annex to the policy paper HERE.
3. Read the full policy document. The table of contents is on page 12, with Additional Learning Needs (SEND) on page 38 and Home Education on page 45.
4. Compare with the current Guernsey Education Law from 1970.
Media
“Education Law proposals were virtually ready – where are they?” (15 Jan 2021, Bailiwick Express)
FOCUS: The arguments for reforming the Education Law (24 Feb 2021, Bailiwick Express)
Education Law has not been scrapped, says ESC president (27 Feb 2021, Guernsey Press)
New plans for school governors secure support at meeting (19 Jan 2023, Guernsey Press)
New Education Law has been finalised (5 May 2023, Guernsey Press)
New proposals made for ‘outdated’ Guernsey Education Law (5 May 2023, BBC Guernsey)
Other useful information
Guernsey and Alderney SEND Review 2021 (SEND = special educational needs and/or disabilities)
