Not replacing class teacher

[PiggyInTheMiddle2]

Hi. I am a teacher working in a Reception Unit of two classes (40 children in total); the other class teacher is the EYFS manager. We are in an area of high need. I am getting married at Easter and so will be moving to a new school. The commute makes it impossible for me to stay. I handed in my notice in October half term.
The school have just decided that they are not going to replace me, but will put my Level 2 TA in charge, supported by two other unqualified TAs. An HLTA will support as available and the other class teacher will teach Phonics at least twice a week. I am so upset for my class. Does anyone know if this is actually legal? What, if anything, would you do? Thanks in advance.

If you are a state maintained school then it's illegal!

Thanks for replying: we are a C of E school.

www.gov.uk/government/uploads/system/uploads/attachment_data/file/335504/EYFS_framework_from_1_September_2014__with_clarification_note.pdf page 24 3.38

That is incredibly helpful. According to that document it IS illegal. Given that, may I ask what you would do?!

Tell the governors it's illegal.

That is incredibly helpful. Thank you. So according to that document it IS illegal. May I ask what you would now do?!

Oops- sorry, don't know what happened there.
Yes I guess I should. Looks like I'm in for a very tough remaining three weeks.

As a parent, if something not right is going on in school, I would like to know......

Is this allowed if it is an academy?

www.yorkshireeveningpost.co.uk/news/latest-news/top-stories/failing-leeds-school-advertises-for-unqualified-maths-teachers-1-6261730

www.mirror.co.uk/news/uk-news/tory-donors-academy-school-advertises-5639137

I wondered whether they might be coming up with a stop-gap class system until the new academic year, with a view to appointing a teacher in the Summer term to start September but this does not seem to fit with your other comments about not replacing you.
If they are running a class of 20 with the other teacher, that is perfectly legal. If the other class has 20 infants in it, then it is not breaking the infant class size regs. If however they are running the two classes as a 40 pupil unit then that is illegal under the infant class size regs, as there are more than 30 in the class with one school teacher.
In terms of the class of 20 with a TA who is not a qualified teacher, that is really up to the head teacher to decide whether the person is appropriate to run the class. Not sure there is anything illegal about it, but pretty sure that parents will get fairly upset quite quickly at this arrangement. The cost also of 3 TAs must be more than an NQT, so the financial arrangements do not look to have been well thought out.

Can they find a replacement? There's a retention and recruitment crisis. When I moved house my school couldn't replace me, despite a lot of advertising. I think they had to draft in a variety of short term supply teachers.

It's illegal if they don't advertise, but several schools where I am can't even get long term supply at the moment.

Piggy as disappointing as this is, please let your administration deal with this.
You can chat with friends and say how this seems wrong etc. but complaining to admin yourself may interfere with other job opportunities and be viewed as insubordination.
making changes is difficult on everyone. I doubt anyone is trilled to not having a qualified person to fill your position.

If they are running two classes with 20 pupils the class with a teacher is legal the class without a teacher is illegal.
If they are running it as a class of 40 with a single teacher that is also illegal.

I am meeting the EYFS manager today and will show her the information mrz. linked to. Maybe she will do the right thing and go back to the SMT herself

Just to update, the EYFS manager isn't prepared to rock the boat, so it looks like it will go ahead as planned. However today, some of my parents have asked what is going to happen after Easter. I suggested they contact the Head for details. I suspect they won't be happy.