Further Education
The Further Education (Northern Ireland) Order 1997 makes provision for institutions of further education recognised by the Department of Education.
Further education covers full-time and part-time education suitable to the requirements of persons over compulsory age, including vocational training and organised leisure time occupation. It does not include higher education, full-time education suitable for senior people over compulsory age, provided at a school.
Higher education includes courses provided by degree courses, postgraduate courses, courses providing education at a higher level, courses in preparation for professional examinations at a higher level, further training of teachers, higher national diploma, higher national certificate of the Business and Technology Education Council, diploma of higher education, and courses for a certificate in education.
The Department has powers to make loans, grants, and payments to governing bodies of institutions of further education. It may establish new institutions of further education, amalgamate institutions, and recognize educational institutions as institutions of further education.
The Department may make loans and grants to the governing bodies of institutions of further education in respect of expenditure incurred or to be incurred by them. They may be made subject to such conditions as the Department thinks appropriate, with provisions for the repayment of sums paid if conditions are not complied with.
The Department may establish new institutions of further education. It must first consult Boards for the areas in which the institutions are situated, governing bodies of such institutions of further education, and other persons as appear appropriate.
When the Department establishes an institution of further education, it shall ensure the Instrument of Government and Articles of Government are made for the new institution and that a Governing Body is established.
The Department may direct the amalgamation of two or more institutions of further education. Before doing so, it shall consult the governing bodies of the institutions, Boards for the areas in which the institutions are situated, and the governing bodies of such institutions of further education or other persons as appear appropriate.
The Department may recognize an educational establishment as an institution of further education under the Order. The consent of the management body is required. The Department is to consult with the Board of the area, the body responsible for the management of the establishment, governing bodies of other institutions of further education, and persons as the Department considers appropriate.
On recognition, the Department is to ensure that there is an Instrument of Government and Articles of Government and that there is a Governing Body for the institution. An institution of further education may be discontinued, with procedures for recognition and consequential provisions.
The 1997 Order made provisions for the transfer of institutions for further education from Boards to incorporate governing bodies, including provisions for the transfer of property rights, liabilities, and staff from the Boards to the governing bodies.
Institutions of further education are to have an Instrument providing for the constitution of their Governing Body, and an Instrument of Government and Articles of Government by which the Governing Body and institution are to be conducted. The initial Instrument of the Government and Articles of Government are to be made by the Order of the Department after consultation with such persons as appear appropriate. The Department may, if the Governing Body submits a draft Instrument, make a new Instrument of Government or Articles of Government as it sees fit. Similarly, if amendments are submitted, they may be adopted.
The Department may not make a new Instrument of Government or Articles of Government or amendment unless it has consulted the Governing Body. The Department may direct all governing bodies to submit a draft making provision for amendment as specified in the direction.
It is the duty of a governing body of an institution of further education to secure the efficient and effective management of the institution and to ensure that the institution provides or secures suitable and further, efficient further education to students of the institution. In doing so, the governing body is to have regard to the requirements of persons over compulsory school age or with learning difficulties.
In particular, governing bodies and institutions of further education are to have the power to provide or secure higher education, provide secondary education, charge fees in connection with any form of further or higher education, provide students with financial or other assistance, manage the institution, provide institutions or facilities of any description appearing necessary or expedient, provide meals and refreshments, supply goods or services in connection with the provision of education, acquire and dispose of property, enter into collaborative arrangements with other institutions and bodies and community groups.
The power to charge fees, form companies, invest, and undertake collaborative arrangements may only be exercised with the approval of the Department.
Powers in relation to providing meals and refreshments are to be exercised in accordance with arrangements approved and determined by the Department for the remission of the whole or part of the charges which would otherwise be made in respect of meals and refreshments.
Institutions of further education must not borrow, provide guarantees, or make material changes in the character of an institution or enter into externally financed development agreements without the consent of the Department.
The Department may make regulations in relation to the carrying on of institutes of further education. Regulations may include provision regarding the use of premises, keeping, disclosure, and transfer of records, supply of records.
Regulations may authorize persons who, in pursuance of regulations, apply copies of records, charge fees prescribed, not exceeding the cost of supplies.
The Department may make regulations requiring governing bodies to make available generally or to prescribed persons information in relation to external qualifications for which courses of study are to be provided by or on behalf of the institution to persons under 19, courses of study leading to such qualifications, and specifications which are to be provided and determined for the purpose of those courses, as well as the results of assessment of such students for the purpose of qualifications as may be prescribed.
The Department may make regulations for making available, generally or to prescribed persons, information in relation to results of assessments of pupils for whom secondary education is provided at the institution.
Regulations shall not require information as to the results of an assessment of a student or pupil to be made available to persons other than the student or pupil concerned and their parents, the Governing Body of the institution or school attended, or bodies of persons prescribed. They shall not require such information to be made available to any body or persons except where necessary for the performance of their functions under educational legislation.
The Department may arrange to carry out efficiency reviews. These reviews may cover the economy, efficiency, and effectiveness of the management and operation of an institution of further education.
Governing bodies must keep accounts and prepare statements of accounts. The format and record information are prescribed by the Department. The accounts are to be sent to the Department and the Comptroller and Auditor General annually.
Each governing body must, not later than each financial year, submit to the Department a development plan. This plan is to apply to the following financial year and the succeeding two financial years. It shall contain the numbers of persons who will be students, the courses of further and higher education which the body proposes to secure, capital expenditure proposed, and such other matters as may be determined as regards each financial year.
The development plan is to take account of the guidance issued by the Department. Governing bodies are to make arrangements to monitor the implementation of their development plans.
The Governing Body is to make, and it may be obliged to make, returns to a Board, as the Board may require for the purpose of its functions.
The Department may, by regulations, require governing bodies of an institution to publish information as may be prescribed in respect of educational provision by the institutions to students of the institution, educational achievements of students on entry and during the course of attendance at the institution, financial and other resources, and effectiveness of the use of resources, careers of students after completion of the course, and other prescribed matters.
Where a Board is under a duty to provide benefits or services for pupils, and the duty is to be performed or the power exercised both in relation to pupils and institutions of further education and in grant-aided schools, the Board in performing the duty and exercising the powers will treat pupils in institutions of further education no less favorably than pupils at grant-aided schools.
The Board may, with the approval of the Department, give financial and other assistance to provide services to the Governing Body of an institution of further education on such terms and conditions as may be arranged between the Board and the Governing Body.
The further education colleges maintain over 40 campuses in 400 outreach community locations. They offer a range of courses in partnership with post-primary schools; deliver a range of technical and professional courses, including national and first diplomas. Colleges work in partnership with a large number of local schools in the delivery of the framework.
Provision ranges from GCSE A Levels, BTECs, HNCs, foundation degrees, apprenticeship degrees, and other specific training programs