The Law on Unqualified teachers changed in 2007
The Education Act 2002 stated that teachers without QTS could not teach in England unless they fell within one of the limited exceptions. One of these was "trainee teachers who have yet to pass their skills tests". Between May 2001 and August 2008, trainee teachers who would have gained QTS, but for the fact they had not passed all the skills tests by the end of training, were allowed to teach for up to five years (the five year grace period).
During this period, these individuals could only be employed as unqualified teachers; they were not newly qualified teachers (NQTs) and could not begin induction. On 1 September 2007, the regulations changed to remove the five year grace period. The Department for Children, Schools and Families has provided guidance on the amended regulations.
What the change meant
To continue to teach after 31 August 2008, any unqualified teacher who had not passed the tests must pass the tests and be awarded QTS. If you did not pass your tests by the deadline, you cannot teach in a maintained school or non-maintained special school. Your employer must secure termination of your employment 'as soon as practicable'. There can be no extensions or exceptions to the deadline.
You can continue to take the tests and, if you pass, you will be eligible for recommendation for the award of QTS, to teach, and to begin your induction.
The changes may have slightly different implications depending on when you began your final year of training.
Find out how the changes affect you
Employment
If have not passed the skills tests and thus do not have QTS, you cannot take unqualified or qualified teacher employment but can work as an instructor or in a support staff capacity. This includes work as a teaching assistant or higher level teaching assistant.
Surely it is wrong for higher level teaching assistants to take whole classes?
A: HLTAs are trained to lead classes and only do so under the direction and supervision of a teacher ? Teachers remain the leaders and the experts in the classroom and HLTAs are there to support them, not replace them. This is in accordance with legal regulations and guidance which specifies the teaching activities staff without qualified teacher status may undertake [see footnote 1 re. section 133 regulations if further clarification is needed)
. Section 133 regulations 2002:
(1) Regulations may provide that specified work may not be carried out by a person in a school unless he-
(a) is a qualified teacher, or
(b) satisfies specified requirements.
(2) Regulations specifying work for the purpose of this section may make
provision by reference to-
(a) one or more specified activities, or
(b) the circumstances in which activities are carried out.
(3) Provision by virtue of subsection (2) may, in particular, be made by reference
to an activity specified in a document of the kind mentioned in section 124(3).
(a) the possession of a specified qualification or experience of a specified kind;
(b) participation in or completion of a specified programme or course of training;
(c) compliance with a specified condition;
(d) an exercise of discretion by the Secretary of State, the National Assembly for Wales, another specified person or another person of a specified description.
(4) Regulations may limit the period of time during which work may be
carried out by a person in reliance on subsection (1)(b).
(5) In this section "school" means-
(a) a school maintained by a local education authority, or
(b) a special school not so maintained.