What does new Fitness to Teach guidance mean for teachers? Diane Hofkins finds out.
After consultation, the Government has revised its new ‘Fitness to Teach’ guidance, following concerns raised by the GTC and others that they could discourage job applicants with disabilities.
The updated guidance is intended to bring practice into line with the new disability equality duty, requiring public sector organisations to promote opportunities for people with disabilities. “Now there’s a positive duty,” explains GTC policy adviser Sarah Jennings. “Before, there was an obligation not to discriminate.”
The new ‘positive duties’ added to the 2005 Disability Discrimination Act are to:
- promote equality of opportunity between people with disabilities and those without
- promote positive attitudes towards disabled people
- encourage people with disabilities to play an active part in public life; and
- take account of the needs of those with disabilities, even if this demands their more favourable treatment.
Already in force, the new guidance says: 'People with disabilities and long-term health conditions can and do make an important contribution to the overall school curriculum, both as effective employees and in raising the aspirations of disabled pupils, and educating non-disabled people about the reality of having a disability.'
The GTC published its response to the Fitness to Teach consultation in May. The key points are these.
- The GTC recognises that the safeguarding of children is of concern in judging fitness to teach, as is an individual’s ability to meet the professional standards required for qualified teacher status and induction.
- However, the Fitness to Teach guidance must support the development of a climate conducive to disclosure of disability and, in turn, access to appropriate support and reasonable adjustment.
- Care must be taken to ensure that the content and application of the Fitness to Teach guidance is compliant with the letter and spirit of the disability equality duty.
The DCSF has taken on board many of the GTC’s concerns. For instance, in the section on teacher training, the statement: ‘The onus is on candidates to prove that their condition does not limit their capacity to teach’ has changed to: ‘Candidates should work with the provider to ensure that their condition does not limit their capacity to teach.’
The new guidance also needed to take account of the Every Child Matters legislation, a major concern, as it places a duty on local authorities and school governors to safeguard children.
Near the beginning, the guidance reads:
'Teachers and those training to become teachers need a sufficient standard of health and physical fitness to enter or remain in the teaching profession. Teaching is a demanding yet rewarding career and teachers have a duty of care for the pupils in their charge. The health, education, safety and welfare of pupils are an important factor in deciding on an individual’s health and physical capacity to train to and subsequently to teach. Applicants with a disability should not be deterred from considering teaching as a career. Initial Teacher Training providers and employers have a duty under the DDA Act to make reasonable adjustments.'
While the GTC welcomes the changes to the guidance that address the importance of promoting disability equality, concern remains that the message is not positive enough. As Sarah comments: 'We still feel the guidance may deter people with a disability from applying to teach, particularly as it’s often seen as a fitness standard that
those in teaching must meet.'
Download the guidance at: www.teachernet.gov.uk
Read the GTC’s response at: www.gtce.org.uk
