The latest and definitive statement from the DfES regarding the employment of Overseas Trained Teachers

The statutory provisions relating to the employment of overseas trained teachers (OTT) as contained in The Education (Specified Work and Registration) (England) Regulations 2003 (SI 2003/No.1663):

An overseas trained teacher may work as a teacher in a maintained school in England (other than a pupil referral unit) for a period of up to four years if he/she has successfully completed a programme of professional training for teachers in any country outside the UK which is recognised by the competent authority in that country. The four year period commences on the day the teacher first worked as a teacher in England and expires four years later, regardless of any breaks in teaching and irrespective of his/her immigration status.

In order to continue teaching after this four year period has expired, the overseas trained teacher should have obtained Qualified Teacher Status (QTS). For the moment those engaged on an employment based route into teaching such as the overseas trained teacher programme can teach in schools for time additional to the 4 years permitted under the regulations, but just for as long as they are on an employment based programme. This may be helpful to OTTs without residency restrictions who have not gained QTS within 4 years.

Therefore, it is recommended that arrangements are made at the beginning of employment for OTTs to undertake the programme to obtain qualified teacher status. Further information on the OTT Programme can be obtained by contacting the OTT helpline on 01245 454321.

Instructors:

Until such time as the Regulations are amended in 2007, an Overseas Trained Teacher (OTT) who has not obtained QTS may be appointed as an "instructor" after his/her four year period has expired if (and only if) all of the requirements specified in paragraph 4 (Instructors with special qualifications or experience) of Schedule 2 to The Education (Specified Work and Registration) (England) Regulations 2003 are satisfied.

In summary, he/she can be employed:

• to give instruction in any art or skill or in any subject or group of subjects (including any form of vocational training), where special qualifications or experience or both are required, in order to give such instruction



• if the LA/school is satisfied that he/she has the necessary special qualifications or experience or both to do the job



• if there is no suitable qualified teacher, graduate teacher, registered teacher or teacher on the employment-based teacher training scheme available for such appointment or to give such instruction



• only for such period of time as no such person is available.

I would like to emphasise that the purpose of this provision is to enable schools to employ persons who are not qualified teachers but who have special qualifications or experience to give instruction in any art or skill or in any subject or group of subjects, where no suitable qualified teacher etc. is available. It is not to enable schools to employ OTTs whose four year periods have expired to teach generally.

For example, this provision would enable a school to employ:

• a linguist or an interpreter as an instructor to teach one or more foreign languages



• an artist to teach art



• a musician to teach music



• a carpenter to teach woodwork



• an actor to teach drama

To conclude, unless the OTT in question is employed to give instruction in any art or skill or subject or group of subjects in relation to which he/she has special qualifications or experience or both, he/she may not be employed as an instructor.