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Flexi-schooling Guidance for schools 1
September 2017
Flexi-schooling Guidance for schools
September 2017 Children, Families and Adults Directorate
Flexi-schooling Guidance for schools 2
September 2017
Contents
1. Introduction __________________________________________________3
2. Basis for requests for flexi-schooling _______________________________3
3. Decision-making _______________________________________________4
The decision-maker _____________________________________________________ 4
Role of the governing body _______________________________________________ 4
Right of appeal _________________________________________________________ 4
4. Formulating a flexi-schooling agreement ____________________________5
5. Children with a Statement of SEN or EHC Plan ________________________5
6. Monitoring ____________________________________________________5
7. Other considerations ____________________________________________6
National Curriculum and Assessment ________________________________________ 6
Funding and pupil counts _________________________________________________ 6
Insurance _____________________________________________________________ 7
Education Transport _____________________________________________________ 7
Marking the attendance register ____________________________________________ 7
8. Reporting ____________________________________________________8
Appendix A: Flexi-schooling checklist & agreement _______________________9
Appendix B: Model secondary school flexi-schooling agreement ____________12
Current Document Status
Version 2.0 Approving body
Date 01/09/17 Date of formal approval (if applicable)
Responsible officer Sharon Hindley Head of Education Access and Sufficiency
Review date As required or when legislation changes
Location: Education and Early Years Children, Families and Adults
Version History Date Version Author/Editor Comments
01/09/17 2.0 Sara Griffiths, Senior EWO
Flexi-schooling Guidance for schools 3
September 2017
1. Introduction
This document is intended to help schools discuss and agree with parents1 how to implement flexi-schooling.
Flexi-schooling is an arrangement where, following a formal request from parents and with the approval of the school, a child spends some part of the week attending school and the
rest of it being educated at home.
Combining schooling and non-schooling education in any ratio is perfectly legal, provided
that the outcome is the provision of suitable full-time education for the child, and the Local Authority must satisfy itself that this is so.
In Cornwall, the Local Authority believes that full-time education within a school
environment is usually the best option for all children and young people to achieve and
attain to their full potential – this is also the option most parents choose. The Local Authority recognises, however, that parents may choose other ways for their child to engage in effective, full-time and suitable education. One way could be for them to
request for a school to agree a flexi-schooling arrangement. This request must emanate from the parent, it is not for a Headteacher, a member of school staff or
an officer of the Local Authority to suggest or encourage a family to undertake flexi-schooling.
Flexi-schooling should not be confused with access to a reduced timetable or elective home
education (EHE). In the case of a reduced timetable the school remains responsible for the educational provision and may propose a reduced timetable for a limited period of time,
with the agreement of the parent. Guidance on reduced (part-time) timetable arrangements is available via School Messenger
(www.cornwall.gov.uk/reducedtimetables). Reduced timetables are school-led rather than parent-led. In the case of EHE, parents have a legal right to choose to home educate their child and the school removes the child from the school roll.
2. Basis for requests for flexi-schooling
The responsibility for a child receiving full-time education rests with the parents. In
England, education is compulsory but schooling is not. Where a parent elects to educate a child partly at school and partly at home or elsewhere as an expression of parental preference, this is called flexi-schooling. Where a parent favours this form of educational
approach s/he may request flexi-schooling on a short-term or long-term basis.
Flexi-schooling can apply to any pupil – there are no specific criteria. Examples of where
requests might be made include:
for talented young sportspersons so they can benefit from elite coaching and training; or
for children who are gifted in other areas so that they can benefit from expert tuition; or
where parents feel that there are areas of their child’s education (which may also
1 Any reference to ‘parent’ in this document includes ‘carer’
Flexi-schooling Guidance for schools 4
September 2017
be in relation to the child’s faith and culture) which they wish to provide.
Flexi-schooling should not be seen as applying only to gifted and talented children and
every request should be judged on its merits.
If a parent is interested in making a request for a flexi-schooling arrangement contact
should be made directly with the headteacher of the child’s current or prospective school so that the proposal may be considered.
3. Decision-making
The decision-maker
Whilst a parent may request that their child is flexi-schooled it is entirely at the headteacher’s discretion, acting with the authority of the governing body, as to whether or not the school is prepared to agree to a flexi-schooling arrangement. Parents do not have
a legal right to insist on a flexi-schooling arrangement being agreed by any school.
In deciding whether to agree to a request for a flexi-schooling arrangement, a headteacher
may consider such issues as:
Safeguarding: no agreement should be reached where a headteacher has concerns that it would put the child at risk of harm while not attending his or her school.
Continuity of teaching and learning between home and school The effect on school organisation and funding The effect on school resources The effect on school discipline and the morale and motivation of other children
Peer relationships/support
Flexi-schooling should not be agreed where it becomes evident that the arrangements
being sought can be made outside of normal school hours or are more to do with accommodating the needs of the parents (e.g. where they might have unusual working
patterns) rather than those of the child.
Role of the governing body
The governing body may wish to agree a general approach to requests for flexi-schooling but this does not exempt the headteacher from the need to consider each request individually and on its own merits (see Appendix A). The whole governing body should not
become involved in individual cases, as some governors may have a more formal role if a dispute arises and/or a complaint is issued. It is good practice to report any confirmed
flexi-schooling arrangements to governors on a regular basis.
Governors should satisfy themselves that the headteacher has fully considered the points
in this guidance and are fully conversant with the school attendance statutory guidance when reaching a decision.
Right of appeal
There is no appeal against the decision of a Headteacher not to agree to a flexi-schooling request or if a Headteacher decides to cease an individual child’s flexi-schooling
arrangement.
Flexi-schooling Guidance for schools 5
September 2017
4. Formulating a flexi-schooling agreement
A written and signed agreement must be formulated between the school and parent, in
order to make expectations clear for all concerned (see Appendix A for an example agreement). The agreement should include:
the length of time the agreement is to run and the periods by which the arrangements will be reviewed;
the days/times when the child will attend school and the times when flexi-schooling will apply;
what flexibility there will be regarding special events which fall outside the normal
arrangement, e.g. assemblies, trips, productions or performances, sports events, visitors to the school, etc.
how the register will be marked; agreed times when the parent is responsible for the child’s safety to ensure clear
safeguarding duties are met, for example, explicit travel arrangements should be
agreed; circumstances in which the parents must contact the school if the pupil is absent from
a school session that they would normally attend or at an approved educational activity;
confirmation that the school will follow up on any unexpected or unexplained absence
in the same way as it does for other pupils; contact and liaison arrangements between home and school;
entrance for public examinations by agreement; the provision the parent will put in place during flexi-schooling and the arrangements
for the school to monitor them;
if a parent chooses to employ other people to educate their child at home, they will be responsible for making sure that they are suitable to have access to children and do
not need to be included on the school’s Single Central Record; access by parents to school resources;
access to records; any perceived special educational needs and associated provision; conditions for ending the arrangements on either side, including an exit strategy where
appropriate; dispute resolution (i.e. normal processes are for disputes to be resolved at the most
informal level possible but ultimately any complaints have to be considered by the headteacher first and then the governing body under the school’s complaints procedure).
5. Children with a Statement of SEN or EHC Plan
Contact should be made with the Statutory Special Educational Needs Team about any potential flexi-schooling arrangement for children with an EHC plan or a statement of SEN.
You can contact the team at [email protected] or phone on 01872 324242.
A review of the EHC plan (or Statement of Special Educational Needs) must be undertaken so that clear information on needs, proposed adjustments to provision and the anticipated
benefits of flexi-schooling arrangements can be set out and considered by the Local Authority. When Flexi-schooling is agreed the statement or plan will be amended. The duty
Flexi-schooling Guidance for schools 6
September 2017
to review a child’s statement of Special Educational Needs or Education, Health and Care
plan on an annual basis, or sooner if appropriate, still applies.
6. Monitoring
Neither the school nor the Local Authority has statutory duties in relation to monitoring the quality of education provided at home as part of a flexi-schooling arrangement. However, if it appears to the school that parents are not providing a suitable education it may ask
parents for further information about the education they are providing. If a parent declines to do so the school may withdraw its agreement to the flexi-schooling
arrangements and notify the Local Authority of its concerns. Where this is the case, this action would not necessarily be considered a precursor to any formal procedures; however, the following may occur:
The pupil would be required to attend school on a full-time basis and absences would
be marked and followed up by the school in the usual way. The parent may remove the child from the school roll.
In the event of the child being removed from the school roll the Local Authority may
consider further action under section 437 of the Education Act 1996.
7. Other considerations
National Curriculum and Assessment
There is no statutory curriculum for the home education part of a flexi-schooling arrangement.
On days the pupil is attending school as a registered pupil, he or she must follow the curriculum used in the school and cannot be disapplied from statutory curriculum or
assessment arrangements except in the following circumstances:
As part of a formal Statement of Special Educational Needs or Education, Health and Care Plan.
For a temporary period, in response to short term exceptional circumstances (i.e.
following a lengthy absence from school for health reasons or because of a family crisis).
For an agreed period and with the permission of the Secretary of State, to allow curriculum development and experiment to take place.
Funding and pupil counts
For the child attending part-time under current arrangements, the school receives full funding. Flexi-schooled children are included in count returns as for other children. As
such a flexi-school child takes up the place of a full-time pupil and counts as one student for pupil number on roll purposes.
Children who attend part-time under a flexi-schooling arrangement count for the purposes of the infant class size regulations, i.e. the limit of 30 children per teacher. They are not
allowable exceptions to the infant class size limit (although there may be allowable exceptions for different reasons).
Flexi-schooling Guidance for schools 7
September 2017
Insurance
There are no additional or exceptional insurance implications for the school for children who are on a school roll but who attend part-time under a flexi-schooling arrangement.
Education Transport
Where a child attends a school for which they have an entitlement to transport free of charge in accordance with Cornwall’s Home to School Transport Policy, this entitlement
will not be affected by the flexi-schooling arrangement. However, in line with the Council’s Policy transport will only be provided at the standard school start/end times on
those days the child attends under the flexi-schooling arrangement.
The parent should apply to the Pupil Transport Team via the normal transport application
form, indicating that a flexi-schooling arrangement is in place, the days on which transport is required and the duration of the agreement, if known.
Where an agreement ends earlier than planned and a child returns to full-time schooling, it will be the responsibility of the parent to request that full-time transport provision
recommences.
For all queries regarding transport, please contact the Pupil Transport Team on 0300 1234
101 or email [email protected].
Marking the attendance register
Schools should not mark a pupil as attending school using the attendance Code B for off-site education activity unless the school is responsible for supervising the off-site education and can ensure the safety and the welfare of the pupil.
Schools are ultimately responsible for the attainment of every child registered on their roll. Whilst being educated at home, parents are responsible for pupils, not schools.
Where parents have entered into flexi-schooling arrangements, schools may continue to offer those arrangements. Pupils should be marked absent (authorised) from
school during periods when they are receiving home education (code C).
On the days for which it has been agreed the pupil will attend school the Pupil Registration
Regulations appropriate codes for attendance will apply.
When a pupil either arrives part way through a session or leaves part way through a
session, with the agreement of the school and as part of the agreed and logged flexi-schooling arrangement, the pupil can only be marked present if actually present at
registration.
For a pupil who arrives part way through a session but is Late after registration closes
(e.g.at 10.30am): mark as C but add a comment to SIMS (or other registration system used) stating that this time of arrival is agreed as part of a flexi-schooling arrangement.
The school’s usual signing in policy should be followed to ensure that Health and Safety protocols are followed and that if there is a fire alarm, it is clear that the pupil is in school
For a pupil who leaves the premises prior to the end of a session (e.g. 2.30pm) , the
school would mark the pupil as present and signing out procedures would be followed in
the same way as if a pupil went home ill.
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September 2017
Evidence may be needed if any case progresses to Court and it would be expected that a
pupil’s recorded authorised/unauthorised absences would be cross-referenced against any flexi-schooling arrangement and this arrangement be clearly explained as part of the
witness statement of the school.
8. Reporting
Schools must report any flexi-schooling arrangements to the Local Authority using the Reduced Timetable notification form in School Messenger
(www.cornwall.gov.uk/reducedtimetables) and complete a review form at regular intervals while the flexi-schooling arrangement remains in place.
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September 2017
Appendix A: Flexi-schooling checklist & agreement
This document to be retained by the school and parent
FLEXI-SCHOOLING REQUEST: Checklist and agreement
Name of Child
Date of birth
Academic Year
Parent/carer name
Date when request was first made by
parents
Have the parents fully explained the
exact details of the flexi-schooling arrangements they have in mind and the reasons behind their request? Are these
reasons appropriate?
Record details Yes/No
Has the request been confirmed by the
parents in writing and request stored on the child’s file?
Yes/No
Is the school able to accommodate any
concerns expressed by the parents within the parameters of full-time schooling?
Record details
Yes/No
If the pupil has a Statement or EHC Plan
has the parent’s request been referred to the Statutory SEN Team?
Yes/No/n/a
Does it appear likely that the request, if
approved, would impose an additional workload on members of staff? What is
the nature of this additional workload?
Record details
Yes/No
Is the programme/activity proposed by the parents educational and
appropriate? Have the parents produced any documentary evidence to
support this? eg letters from other educational institutions, sporting academies, etc.
Record details
Yes/No
Flexi-schooling Guidance for schools 10
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Have the parents been made fully aware of their child’s current and anticipated
level of educational attainment and the potential impact which their request for
flexi- schooling might have on this?
Record any issues specifically discussed
Yes/No
Have the parents been made fully aware of any critical aspects of the
curriculum/assessment /teaching in school which their child will miss if s/he is flexi-schooled?
Record details
Yes/No
Should the school agree to the parents’
request, have arrangements for monitoring and review been discussed
and agreed? What timescales have been set? Has an initial review date
been agreed?
Record details including date of initial review and proposed days of attendance
Yes/No
Have the parents been made aware that the school has the right to withdraw any
agreement it might make to flexi-schooling arrangements if it considers that the original intentions and
expectations are not being met?
Yes/No
Should the school be unable to agree to the parent’s request, have the reasons
for this been fully explained and confirmed in writing and saved on child’s
file?
Record details
Yes/No
Have the parents been informed that their child will accrue absences
(authorised for the periods of time they are flexi-schooled?)
Yes/No
DECISION
Approved/Not Approved (delete as appropriate)
Reason/Comment
Signed : Headteacher
Date
Flexi-schooling Guidance for schools 11
September 2017
If the arrangement is approved:
This attendance pattern will only be changed by agreement with both the parents and the headteacher.
The school will allow the child to attend special events which take place on the agreed non –school days/times in consultation with the child’s class teacher or other relevant people
Parents will have the same access to records, reports and opportunities to meet with teachers as young people who attend school on a full time basis eg: parents’ evenings, school reports.
This arrangement may be terminated by the parent during the academic year. However, the date for this must be agreed with the headteacher in advance.
The headteacher retains the right to inform parents if s/he believes that the arrangement
is detrimental to the progress of the child and, if necessary, stop the flexi-schooling arrangement
DECLARATION – FLEXI-SCHOOLING AGREEMENT
Name of Child
Date of birth
Parent/carer name
The days chosen for my/our
child to attend school are:
This agreement will
commence:
And will run (term-time only):
From:
To:
The date of the first formal review will be:
I/We fully understand the contract into which I/we have entered into with the school
and agree to uphold the criteria which are outlined.
I/We wish my/our child named above to attend the school named above in
accordance with the flexi-schooling agreement.
Headteacher signature
Date
Parent/carer signature/s
Date
Flexi-schooling Guidance for schools 12
September 2017
Appendix B: Model secondary school flexi-schooling agreement
NAME OF PUPIL Date of Birth
Curriculum and Timetable
PUPIL NAME will study (for example) GCSEs in English, Maths, Science, French and
Sociology at home, under the direction of PARENT/CARER’S NAME, who will use (for
example) ‘Oxford Home Learning’ service, to work towards AQA GCSE specifications in these subjects.
PUPIL NAME will study (for example) GCSE in History at school
Where they occur immediately before or after (for example) a History lesson, PUPIL NAME may incorporate attendance at (for example) Curriculum Support lessons into
the school-based part of the Flexi-Schooling arrangement. In these lessons she would work privately on (for example) History or any other National Curriculum subject.
PUPIL NAME will meet (for example) once per fortnight with STAFF NAME to discuss her ongoing home-study curriculum and progress. PARENT/CARER’S NAME may
attend these meetings as required PUPIL NAME’s school-based timetable will form a part of this agreement
Attendance For reasons of Health and Safety, arrangements will be put in place for PUPIL NAME
to sign in and sign out whenever she attends school. This will also form her school- based attendance record, although in-class records will be kept as well
PUPIL NAME will be marked present for any session during which she attends (for example) a History lesson at school
When attending school for (for example) History lessons, Curriculum Support
lessons or meeting with STAFF NAME, she must attend the class/meeting as set – no alternative arrangements will normally be made for her at these times
When (for example) her History lesson, Curriculum Support lesson or meeting with STAFF NAME occurs immediately before or after a break or lunch period, she may spend this informal time in school, under the same conditions as other students in
her year group PUPIL NAME will be marked absent for any session when she was scheduled to
attend (for example) a History lesson, Curriculum Support lesson or meeting with STAFF NAME but does not do so; PARENT/CARER’S NAME will provide the reason for the absence
PUPIL NAME will be marked present for any session during which she attends a pre- arranged activity in school
PUPIL NAME will be marked absent for any session during which she was scheduled to attend a pre-arranged activity in school but does not do so; PARENT/CARER’S NAME will provide the reason for the absence
When PUPIL NAME is not attending school under the flexi-schooling arrangements, s/he must be marked as ‘Authorised Absent’ (Code C).
Flexi-schooling Guidance for schools 13
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The school’s attendance policy will be applied as normal to those sessions when PUPIL NAME is required to attend school
Assessment
PUPIL NAME may be entered for public examinations as a private candidate via the
school examination office (note: if the school retains full funding for PUPIL NAME then these entries can be funded by the school; if proportionate funding is withdrawn then the private entries cannot be funded)
PUPIL NAME will be entered by the school for (for example) History GCSE provided
her attendance at lessons has been sufficient to enable her to sit the exams with some success
DECLARATION – FLEXI-SCHOOLING AGREEMENT
Name of Child
Date of birth
Parent/carer name
The days chosen for my/our
child to attend school are:
This agreement will commence:
And will run (term-time
only):
From:
To:
The date of the first formal
review will be:
I/We fully understand the contract into which I/we have entered into with the school
and agree to uphold the criteria which are outlined.
I/We wish my/our child named above to attend the school named above in
accordance with the flexi-schooling agreement.
Headteacher signature
Date
Parent/carer signature/s
Date
Flexi-schooling Guidance for schools 14
September 2017
Prepared by:
Sara Griffiths
Senior Education Welfare Officer
Children, Families and Adults Directorate
September 2017
If you would like this information in
another format please contact:
Cornwall Council County Hall
Treyew Road Truro TR1 3AY
Telephone: 0300 1234 100
Email: [email protected]
www.cornwall.gov.uk