Commentary Part 7: Discipline, Behaviour and Exclusion Section 89: Determination by head teacher of behaviour policy
439.Section 89 defines the responsibilities of the head teacher for establishing and maintaining a behaviour policy for the school that promotes self-discipline, respect for others and proper regard for authority.
440.This section re-enacts with amendments subsections (4) to (7) of section 61 of the 1998 Act. The section includes provision that the head teacher, when determining the behaviour policy, must do so with a view to “securing that pupils complete any tasks reasonably assigned to them in connection with their education” in addition to the other considerations laid out in subsection (4) of 61 of the 1998 Act. The section also enables the head teacher to include in the behaviour policy reasonable measures to regulate the behaviour of pupils when they are off the school site or when they are not under the control or charge of a member of the school staff.
441.Subsection (1) requires the head teacher to determine measures that promote self-discipline and a proper regard for authority, encourage good behaviour and respect for others, prevent bullying, secure that tasks are completed, and generally secure an acceptable standard of behaviour by pupils. These measures constitute the school’s behaviour policy.
442.Subsection (2) requires the head teacher to follow the governing body’s statement of principles and have regard to any notification or guidance given by the governing body (see the note on section 88(2)).
443.Subsection (3) requires the head teacher to determine what standard of behaviour should be regarded as acceptable in so far as it is not determined by the governing body. Subsection (4) provides that the measures determined by the head teacher must include the making of rules and provision for disciplinary penalties.
444.Subsection (5) enables the head teacher to determine (to such an extent as is reasonable) measures to regulate the behaviour of pupils when they are not on school premises or under the control or charge of a member of the school staff. This would, for example, allow rules governing behaviour on the journey to and from school and during work experience placements.
445.Subsection (6) requires the head teacher to set out the behaviour policy in a written document and publicise it by making it generally known to staff, pupils and parents, in particular, by bringing it to their attention at least once a year.