ISC Bulletin 22

17 April 2008

Content

Chairman's Letter
Dame Judith Mayhew Jonas

Thanks to the earliest Easter in living memory and the late publication of new public benefit guidance by the Charity Commission, this issue of The Bulletin arrives in the Summer rather than Spring term.

Starting with the Charity Commission, ISC's general counsel Matthew Burgess analyses the latest draft guidance. It seems that the Commission has now overstepped the line between providing guidance and rewriting the law.

With The Conservatives leading in the polls, the opportunity seemed right to enter a debate about what the main political parties could do for and with our sector if there is a change of government. Lord Adonis, Conservative education shadow secretary Michael Gove and LibDem education front-bencher David Laws exclusively put forward their views on pages.

Last Autumn, Sutton Trust published research that claimed independent sector pupils receive an unfair advantage in university admissions: a case of who you know rather than what you know. Despite briefing the press to the contrary based on our own research, newspapers ran the Sutton Trust line strongly. ISC head of research Pru Jones runs through the results of our research and survey which goes someway to proving that universities select students primarily on academic merit and that's why independent sector pupils do so well.

Elsewhere, the House of Commons education select committee is looking at the successes and failures of the National Curriculum. ISC's research team has submitted evidence. Pru Jones summarises.

ISC senior researcher Corinna Elsenbroich unveils new research and survey results on post-16 maths uptake and why the independent sector seems to do so well in comparison with maintained schools. And after an intriguing visit to Wellington College, Corinna investigates the current vogue for teaching happiness.

ISCtip director Judith Fenn presents the sometimes startling findings of a survey of independent sector NQTs, while ISC head of press Alex Caish looks at the way the media landscape is changing.

Our regular legal update section is supplemented this issue by a focus on SEN. ISC education counsel Sarah McKimm, a widely recognized expert in SEN matters, interprets the latest cases and guidance.

Dame Judith Mayhew Jonas

Interview with Dame Judith Mayhew Jonas
Andy Cook

In December 2007, Dame Judith Mayhew Jonas succeeded Dame Angela Rumbold as chairman of the Independent Schools Council. Her first interview in the new role reveals a passion for education and independence

Economic and regulatory conditions for independent schools are the worst for more than a decade.

The credit crunch is affecting the City of London and its high-flier parents. The property market is cooling quickly reducing the amount of equity that can be released to help fund education. And steep inflation in energy and food prices are making higher demands on salaries as well as stoking operating costs and therefore fees.

A change in government from Blair to Brown has brought a change in regulatory tone. The freedoms once afforded to academies are being nibbled away as these schools are brought closer to the bosom of the state. Duties on parents, teachers and children are increasing rapidly.

If all this was not enough, Dame Judith, who was elected in December 2007, faced the loss of chief executive Jonathan Shephard to the Periodical Publishers Association almost as soon as she took up her post.

Q: What are the opportunities and challenges of the current education sector?
A: What strikes me is that there has been a huge change in the range of schools available for parents to choose from with the growth of academies and specialist schools. This has increased the complexity of choice.

Of course, the independent sector is very diverse, ranging from small prep schools for local communities to the very biggest of boarding schools. We have schools which specialise in catering for special educational needs and we have ballet, dance, drama and sport schools. The sector has always been diverse - it is always responding to parents' needs.

The maintained sector has recognised that choice is important. And now it is providing more choice. It reinforces

In December 2007, Dame Judith Mayhew Jonas succeeded Dame Angela Rumbold as chairman of the Independent Schools Council. Her first interview in the new role reveals a passion for education and independence

the independent model and it should be taken as a compliment.

Q: How do you see ISC developing in response to the challenge?
A: ISC is very important in the sector because it provides the ability to speak with one voice, both to the media and through the media to the public, and to government and other public sector agencies.

Of course, ISC is a complex organisation because it is made up of seven representative bodies plus other associated organisations. It is an umbrella body and that means that it is representative and has to speak with an authoritative voice even if there are contradictions between the separate representative organisations.

Having come in as the first independently elected chairman, I arrived at a time when a review of governance was already underway - being very well run by the new chair of AGBIS, Sam Alder, who has great experience in corporate governance. We have met and he is working with Matthew Burgess, ISC's new general counsel. Between us we will find an appropriate 21st Century governance structure. The initial findings will be presented to the representative organisations and no doubt something very strong will emerge from it.

The aim is to strike a balance between the satisfying the needs of our stakeholders and providing continuity to ISC as an organisation.

My experience as a lawyer and a City of London politician, and I want to be careful not to predetermine the governance review, is that a structure similar to the German dual board system could work, comprising a management and a supervisory board.

Q: What has impressed you about ISC so far?
A: I think it has built up a great reputation. I have been impressed in the way that ISC is the first port of call for information on the sector. It has a reputation for quality of information. Because of the integrity of its data, information and research, ISC is able to speak with an authoritative voice.

ISC speaks to the public through its excellent connections with the national media and increasingly directly to parents through websites and its ISCias helpline. It has also developed excellent contacts with the key players both in Westminster, Whitehall and in non-governmental organizations.

But it is not only the external communications that are important, we can't lose sight of the fact that many of our key internal stakeholders are incredibly busy and we need to be able to communicate with them in quick and efficient manner. It is vital that the associations know what the centre is doing and vice versa.

It is also important to recognise that this is a two-way process. The more feedback we receive from heads and associations, the better able we are to make informed judgments about what is important to the sector.

The first thing I learnt about ISC was just how important the service is to parents. Especially parents who are coming into the country or who are moving within the country. I was approached by a parent in the City and a glowing testimonial followed. Desperate after relocation back into the UK, the ISC service to parents had come up trumps. Being able to provide grass roots services for parents, schools and for the sector shows how flexible the institution is.

One of the areas I'd like to see developed is trying to encourage schools who are not members to join one of the constituent organisations so that we can offer the widest and most comprehensive service to parents.

Q: As a City expert, what effect do you think the credit crunch will have on our sector?
A: The current credit crunch is unprecedented. It is different from the technology bubble of 2000 and the bigger recession of the early 90s. There is a degree of uncertainty about how far it reaches beyond the City and how it will affect the overseas constituency.

There is a feeling that we are going into an economic downturn and that it will last one to two years rather than merely months. It will have an impact on those making a marginal decision. And it may mean parents might be more selective about when to use the state service and when to take advantage of independent schools.

Q: As a former Provost of King's College Cambridge, how do you view the debate on bias in university admissions?
A: I am aware that many parents, quite understandably, take their children out of independent schools after GCSEs because they fear that universities will be biased against them. But all vice chancellors would say admission is on merit and it is the only justifiable reason for admission. Universities should not be a means of social engineering.

A bias in favour of the state ignores the fact that many children in the independent sector come from families of very modest means. Some are on full bursaries for instance. And students from the immigrant community are being supported by many families - just because that child is seen as being the most able of his or her generation and will achieve on behalf of the whole family.

It is interesting to note that the cost of the outreach programmes developed to help maintained sector students be better prepared for university admissions is enormous and has not produced value for money.

Q: The independent sector is often criticised for creaming off the best students. Is this fair?
A: It is not just independent schools that select students. Grammar schools and faith schools are selective and academies can also be selective.

It is very unfair that independent schools are branded as elitist. And that elite has acquired a derogatory meaning. We strive to achieve the best and in our sector we have a range of schools who would be regarded as the best and we should celebrate that. Dumbing down doesn't serve any purpose.

The independent sector is not just for children with high academic ability. Far from it, some schools proudly specialise in serving the needs of children with special educational needs.

In addition selection doesn't just apply to academic subjects. Selection should be available to schools that specialise in specialist areas: sport, ballet, drama etc. These schools are centres of excellence and require specialist facilities and teachers. It makes sense that children who wish to specialise in these subjects are grouped.

All parents want the most nurturing environment for their children and in some cases that is highly academic.

Q: The government has pledged that state schools should have the same per capita funding as independent schools. Is this a threat?
A: It is admirable that government sees education as vital to the future of the country and I hope that more money is put into the maintained sector. With a strong maintained sector you achieve social cohesion and eliminate lots of other social problems. It's not a competitive threat to our sector - it enhances our reputation because we show leadership.

In addition, one thing that money can't buy easily is the pastoral care offered by our schools. It takes years, if not decades, to develop a culture that educates and develops the whole child.

Q: Is creeping regulation a threat to independent schools?
A: There is a tendency for people to be so risk averse that they create lots of regulations to protect themselves. And while fear of litigation is one driver, regulations do also promote accountability. But sometimes regulation reaches a level where it is so intrusive that it stifles creativity. It would be sad if it happened to our sector so we must be ever vigilant.

One area where ISC has fought effectively on behalf of the sector is on public benefit. It is an accolade that ISC has been at the very centre of negotiations on the development of the Charities Act. We worked very hard and the right amendments were cast. ISC has been ever vigilant in negotiating with the Charity Commission working quietly behind the scenes. There may well be a time to make our disagreements public, but it will be a considered and rational decision.

It is very unfair that independent schools are branded as elitist. And that elite has acquired a derogatory meaning

Dame Judith Mayhew Jonas in brief
Dame Judith was born in New Zealand. A solicitor by training, she holds honorary doctorates in law from three universities and is currently chairman of The Royal Opera House and a non-executive director of Merrill Lynch Inc.

Previously Dame Judith was political leader of the City of London and chairman of its Local Education Authority. She was also Provost of King's College Cambridge and chairman of Birkbeck College, University of London. She has been a governor of several schools and universities.

Politician's view of the independent sector  
David Laws

Political Party Comment: David Laws

Ronald Reagan, once said that for a small businessman the most feared words are: "I'm from the government, and I'm here to help you." LibDem shadow schools secretary David Laws cannot help but feel that it may be the same for independent schools

I was educated at a state primary school in Farnham in Surrey, and then at an independent school in Weybridge - St George's College. While I was at St George's, I was wonderfully unaware of any impact at all that government policies were having on my school or on my education.

When I now go around maintained schools in my constituency, and indeed across the country, I cannot help but feel that the extent of micromanagement and meddling in the maintained system is damaging, and indeed counterproductive. So, to the independent sector I would say: "Hang on to the freedoms which you have, and don't be suffocated by central government directives."

The challenge which I want to address is to how to provide a strong framework of accountability and transparency, with proper means of driving standards higher. If we succeed in creating such a devolved system, this can only help to attract more top quality graduates into teaching - potentially in both state and private sectors.

As a liberal, I believe in people's freedom and rights to educate their children outside of the state funded system. I am aware that many parents who send their children to independent schools are in no sense rich, and often make extraordinary sacrifices to educate their children in this way.

I am conscious of how much the maintained sector has to learn from many parts of the independent sector, with its commitment to sport, to a balanced curriculum, to high standards and aspirations, and to well-funded facilities. The job of politicians is not to obsess about what already generally works, but to make sure that we address the deficiencies in parts of our own state funded sector. This will in turn put competitive pressure on the independent sector to continue to up its game.

I know that there has been a long-running debate about charitable status. I have to say that I am not attracted to a process of bullying the independent sector into co-operation. I know that this is difficult for many schools, and frankly parents of private pupils are already paying twice for education - once through taxes, and once through fees. Co-operation will work best on a voluntary basis.

I cannot help but say that I hope many independent schools will want to do more in partnership with the state sector. I know many already do. Many independent schools, indeed, started life with an ambition to serve the needy.

There is a responsibility on all of us to help those who are less advantaged. And our unequal society is to some extent only made tolerable through our mutual recognition of this responsibility. I also know that many independent schools have a strong religious ethos, and already believe in reaching out to help others. Sharing games facilities, offering access to high quality teaching and resources, and working together on shared interests are all approaches which I would like to encourage.

Finally, I want to see a curriculum and a qualifications system which inspires confidence, which offers pupils a wide range of choices, and which stretches those of all abilities. I want a more integrated and broader qualifications framework. And I want exams which really stretch top performers.

I suspect that the latter is a real concern for the independent sector. An exam system accessible for all must not mean a system which accepts mediocrity, rather than providing stretch. I would consider a return to S level qualifications to assess the best A-level candidates and to help universities to recognise real ability. There must also be fairness for pupils from the independent sector when it comes to university entry - it is right to seek to spot talent, but not at the price of tilting the playing field against those of genuine ability.

Politician's view of the independent sector
Michael Gove

Political Party Comment: Michael Gove

The principal task for politicians when it comes to education is not to penalise the best but to elevate the rest, says The Conservatives' shadow schools secretary, Michael Gove

What marks out the best state schools is also what distinguishes the best independent schools - visionary leadership, teachers who love their subjects and wish to inspire their students with the same love, high standards of discipline and behaviour, a willingness to innovate and a commitment to passing on the best of what has been thought and written to the next generation.

In making sure we offer all children, especially those from the most disadvantaged circumstances, the best chance in life, I'm determined to learn from the very best schools and give all parents the information, and tools, necessary to secure excellence for their children. One area in which the independent sector sets a high benchmark is in the quality of the qualifications its students achieve. Independent schools continue to offer the core subjects which universities and employers value most highly.

One of my principal tasks is to give children in the state sector greater opportunities after they leave school and that means learning from the independent sector that helping children secure these core GCSEs gives them a crucial advantage in the jobs market and in the university admissions race. Rigorous qualifications such as the IGCSE, the IB and the Pre-U provide an alternative measurement of excellence and, at a time when Britain is plummeting down international league tables for literacy, numeracy and science, we need to apply every lever we can to push standards up. That is why I'd like to see qualifications like the IGCSE recognised by the QCA, so that schools which are trying to do their best by their pupils are not penalised.

We have already seen some independent schools demonstrate their willingness to establish and sponsor academies. This has been encouraged by Lord Adonis, who has stated that he wishes to tap into independent schools' ‘educational DNA'. Lord Adonis's instincts are right, but we wish to go further.

We want to see independent schools free to enter the state sector and expand provision even more. The present government wishes to place a cap on the academies programme, has restricted academy freedoms and is limiting the capacity of new entrants to come into the state system. The proposals outlined in our recent Green Paper, Raising the Bar, Closing the Gap, that allow education providers such as charities and independent schools to establish new Academies will provide greater resources, both recurrent and capital funding, to go directly to these new schools. And we will provide enough capital funding to allow 230,000 good new school places to be created over the next nine years.

We will also break down the barriers of supply that prevent good new schools, including independent schools, from being created. Currently, education providers are allowed to establish new schools only on land categorised as ‘D1', which is land specifically reserved for community use. Such land is in increasingly short supply.

National figures for change of use over recent years show that between 1995 and 2004 over 2,500 hectares of D1 public amenity land has been converted to private use - enough land to provide schools for around 2,500,000 pupils across England. Playing fields are protected by separate guidance and receive detailed protection from disposal. But there is no similar protection for land formerly or currently occupied by schools or education establishments. We therefore propose to consult on an alternative route, so that local authorities are required to offer D1 land to educational organisations before it could then be sold to any other bidder. We also propose that new schools, if they so wish, should be able to build or operate upon any land zoned for development outside of the D1 category.

We believe that each new generation has a right to be introduced to the best our civilisation has produced, to encounter the best which has been thought and written, to be given equal access to the knowledge which liberates. We reject the principle that academic excellence should be rationed to a few and embrace the challenge of spreading knowledge more widely than ever before. Our independent schools will rise to this challenge.

Politician's view of the independent sector
Lord Adonis

Political Party Comment: Lord Adonis

State and independent school collaboration is a fantastic opportunity for both sectors and for English education as a whole, says Labour's schools under secretary, Lord Andrew Adonis.

I believe in the ability of independent schools to play a part alongside state schools in our national mission to give every child the world class education they need and deserve. Many independent schools provide an excellent education to the pupils they serve. But they are dependent on parents for their funding, so can only serve a small number of children - 7% of the pupil population in England.

My department's Children's Plan recently set out our vision for the future of education and children's services in this country. In it, we recognised the potential of partnerships to help all our schools become world class and we are committed to promoting them. That includes partnerships between state and private schools. We know that excellent independent schools have great educational expertise, and we want as many pupils as possible to benefit from that expertise, regardless of their parents' ability to pay.

The numbers of these partnerships are already growing around the country. So how could your school get involved? You could develop informal links with a local state school. You may be involved in the Independent/State Schools Partnerships Scheme. Over the past ten years, it has supported more than 330 partnerships involving more than 140,000 children. And there are more to come - I recently announced a further £4 million of funding for partnerships over the next three years. Science teaching in York is one beneficiary. Three independents, ten state schools and York College are pooling specialist expertise and resources to offer "master classes" for gifted pupils, covering topics such as the links between anatomy and life drawing, the history of medicine, and the science of vocal composition.

You could become a partner of a trust that runs a maintained school, helping to strengthen governance and increase innovation. Or you could join over 20 private schools already engaged in the academies programme. That could mean acting as lead sponsor for a new academy, as Dulwich College is doing with the Sheppey Academy. It could mean supporting an existing academy, without becoming lead sponsor. Marlborough College is taking this route with the United Learning Trust academy in Swindon, by leading on the academy's new sixth form, and forming partnerships in sport and the arts. Or it could mean becoming an academy yourself. The Girl's Day School Trust for example now has two of its schools involved in the academies programme, the Belvedere School in Liverpool and Birkenhead High School.

The options are set out in more detail in the prospectus available from my department, but I would stress three defining features of state and independent school partnerships. They are sustainable, mutually beneficial and consistent with our shared educational ideals.

Sustainable, because they do not require financial contributions - we fund the partnership scheme and we have removed the requirement for educational institutions to pledge £2 million before they can sponsor academies.

Mutually beneficial, because pupils, teachers and school leaders on both sides gain from all these partnerships. Specialisms and facilities can be shared. Both sets of staff can provide external challenge. And as Marlborough Old Boy and former governor Sir Anthony Greener has pointed out, there are areas - such as diversity - where state schools' expertise consistently surpasses that of private schools.

Consistent with our shared ideals because partnerships with state schools, particularly those in disadvantaged communities, can be an ideal way of translating the social and educational values on which many independent schools are founded into the 21st century education system. Deputy chairman of dulwich's governing body, Lord Andrew Turnbull, echoes the sentiments of many when he speaks of Sheppey Academy as bringing the college back closer to its original mission of ‘developing the talents of all children, regardless of their background'. That's a mission which educationalists in the state and independent sector share. Let's help each other to complete that mission.

University admissions myth and reality
Pru Jones

Do independent school pupils gain places at top universities because of where they went to school, not what they know? Or, are these pupils discriminated against as universities aim to meet government's participation targets? These are the questions that get asked most frequently in the press about the link between independent schools and higher education. Some research findings on admissions and the performance of independent school pupils at university have taken hold as ‘universal truths' acknowledged without challenge. ISC head of research, Pru Jones, says it is time to set the record straight

Myth1: Pupils from independent schools get into top universities regardless of academic achievement
The Sutton Trust report published in September 2007, "University Admissions to Individual Schools", claimed that independent school pupils were more likely to gain places at ‘highly selective universities'. Its regression model found that the higher admission rates of independent school pupils could not be completely explained by academic performance. The report therefore suggested that the type of school a pupil attended had a significant part to play. 1

Sutton Trust's modelling predicted that the admission rate of independent school pupils to the set of selective universities they had chosen should be 33%. The actual admission rate was 16.3 percentage points higher, at 49.3%.

The findings were taken up by the media as evidence of an undeserved bias towards independent school pupils within the university admissions system.

But the results and the media's conclusions should be challenged. The model predicts university admission rates using average A-level point scores at individual schools. This ignores the fact that university admissions tutors are often interested in quality not quantity. For example, they are likely to prefer 360 A-level points derived from three A grades, not one A grade and three C grades.

There are many ways of assessing pre-university performance. Sutton Trust acknowledged caveats to its model:

• it is a measure of a range of qualifications taken by 17 and 18-year-olds, including A-levels, vocational qualifications and the International Baccalaureate;
• it does not take account of the different subjects taken by pupils;
• it could conceal different distributions of A-level results among pupils.

This final point is crucial. Running a regression model which used the percentage of pupils gaining three A-levels at grades A or B, ISC found very different results. 2

The ISC model seemed more powerful. The proportion of pupils gaining three A-levels at grades A or B explained around 70% of the variation in university admission rates between schools. This compares to 45% that could be explained by average A-level points scores at a school. The link between university admission rates and the proportion of students gaining 3 A-levels at grades A or B is clear (see chart 1).

The higher admission rate of independent school pupils to the group of selective universities chosen by the Sutton Trust can be largely explained by the high proportion of pupils gaining three A-levels at grades A or B (see chart 2).

While the ISC model still suggests that independent school pupil admission rates to universities were higher than merely A-level performance would predict, this ‘over-performance' was less than half the level suggested by the Sutton Trust.3 This is an important finding. It recognises that university places are awarded largely on academic merit. The over-performance that remains could be attributed to the hard work that independent school pupils and staff undertake on personal development and interview preparation. It is also likely to reflect personal development due to involvement in extra-curricular activities. This encourages pupils to develop confidence, individual thinking and leadership.

Can the ISC universities survey reveal more?

Each year ISC collects information on ISC pupils' university applications and offers. The data on offers cannot be directly compared to UCAS data on acceptance: students may receive offers from several universities, but they will only accept one place. ISC survey data therefore cannot reveal whether there is any bias towards or against independent school pupils. Nonetheless, it is useful to monitor the number and requirements of offers over time. Any significant shift in survey trends would alert us to possible changes in admissions policy.

While direct comparisons between offer rates and UCAS acceptance rates cannot easily be made, it is useful to look at the relationship of these two variables between institutions and subject choices.

A close look at the proportion of ISC pupils receiving offers from universities and the proportion of all applicants accepting offers at those universities suggests that some universities are perhaps wrongly accused of bias. For instance, the proportion of ISC pupils gaining offers from Oxford is only one-and-a-half times the percentage of all applicants who accept places at Oxford. There is comparatively little difference between ISC offer rates and overall acceptance rates at Oxford.

Taking a closer look at the three universities with the lowest ratio: Durham, Cambridge and Oxford (see Table 1). These are the institutions that are probably most associated in the media as being biased towards independent school pupils. But what we see here is actually something quite different. The difference between the proportion of ISC applicants receiving offers and the proportion of all candidates accepting places is lowest, suggesting little preference for independent school pupils. This may be because applicants to these universities will be very strong, regardless of their background.

Looking at the ratio of ISC offer rates and UCAS acceptance rates by subject provides another useful insight (Table 2). Perhaps unsurprisingly, the top five subjects, where the ratios are greatest, are all science related, indicating the independent sector's strengths in encouraging the uptake of sciences post GCSE and achieving excellent results. It is not surprising that subjects where the difference between acceptance rates of ISC pupils and all pupils are smallest include medicine & dentistry and veterinary sciences. These subjects tend to be self-selecting and the high demands of the long training programmes are well known.

Myth 2: The introduction of A* will favour independent school pupils
While debate rages over the percentage of independent school pupils that will be awarded A*s at A-level, little is being said about the potential problems of introducing this grade. Initial ISC research findings show worrying variations between exam boards and across subjects regarding the proportion of students that will be awarded A*s. ISC will discuss these findings with other teaching organisations with the aim of raising these issues with exam boards.

Myth 3: Independent school pupils under perform at university
In 2003, Warwick University released research claiming that independent school pupils underperform at university.4 This seems to have seeped into the national conscience as a fact. Again, it is time to set the record straight.

15 years on - a different world
The Warwick research was based on undergraduates who left university in 1992/93. The landscape of higher education has changed dramatically since then. Access to higher education has increased rapidly. In 1992 around 28% of the under 21 population were in higher education. In 2005 this proportion had grown to 34%.5

The independent school sector has also changed. The proportion of Year 13 leavers who went to university in 1988 was 54.2%.6 This proportion has risen steadily since then, reaching 92.4% in 2007. And the independent school sector has continued to raise its game in A-level performance. Striding ahead, the independent school sector has achieved the greatest gain in the proportion of students achieving A grades at A-level (50% in 2007, compared to 33% in 1988, while the overall proportion of A grades rose from 17% to 25% over the same period). Indeed the Warwick report states that A-level performance is positively correlated with degree performance, so surely these results should not have held then and would be even less valid now.

The overall widening of participation in higher education has meant that independent school pupils accounted for 8% of degree applicants in 2007, compared to 10% in 1996. Yet the overall acceptance rate of independent school degree applicants rose from 83% to 86% over the same period. The independent school acceptance rate remains higher than the 70% which applies to all other education sectors.

Assumptions made for 1992 graduates can no longer hold
The Warwick research found that students who studied science at A-level tended to perform better at degree level. But the authors claimed that independent school pupils were less likely than maintained school pupils to take science A-levels. This would have contributed to the supposed underperformance of independent school pupils at degree level. However, this is simply no longer the case. Not only do independent school pupils have a higher participation rate in science (see Table 3) than the maintained sector, they also achieve better grades. 53% of independent school science entries were awarded an A grade, more than double the proportion of A grades achieved in comprehensives. The Warwick model also excluded students from overseas. The representation of overseas pupils at independent schools has risen from 2.6% in 1988 to 4.1% in 2007.

Finally the Warwick research reported that girls from independent schools tended to do better at university than girls from maintained schools. Again, the make-up of the independent sector has changed since 1988. Girls accounted for 44.7% then, compared to 48.9% in 2007.

Misrepresentative
The Warwick model only included universities that pre-dated the abolition of the divide between universities and polytechnics. As a result the sample of maintained school pupils may not have been representative - failing to account for perhaps the higher proportions of these pupils continuing education in polytechnics.

Medical students were also excluded from the sample. But a disproportionate amount of medics come from independent schools. While independent school pupils account for only 8% of all higher education applications made, they account for 13% of all medic applications.

The sample only included students aged 23 or less when leaving university. It therefore excluded students who did a combination of: taking more than one gap year, studying four-year MSc courses, studying courses with a year abroad or an exchange scheme or those at Scottish universities. Students who stayed on to do postgraduate qualifications were also excluded from the sample.

The sample size was also relatively small. It considered 48,281 students, around one fifth of the graduating population. When the sample is broken down to look at the impact of school type, only 113 schools are considered. Once this analysis is disaggregated further to look at gender differences the school sample size shrank further. No information is provided on these schools. Without this we cannot be sure they fairly represented the variety within the independent school sector or the maintained sector.

A result with no explanation?
Smith and Naylor's Warwick work suggested that a £2000 increase in school fees led to a one percentage point drop in the probability of males gaining a 2:1 or a 1st. But no explanation is given for this. A regression without an explanation is surely spurious. They even found that there was no evidence to suggest that independent school pupils put less effort in at university because their old school network would help provide them with better paid jobs. But oddly, Green et al (2007) clearly indicate that independent school pupils tend to earn more due to higher qualifications!7 Their use of fees also fails to consider the difference between boarding and day schools.

Finally the Warwick researchers claim the effect of school type is so strong that it remains once the student's own prior academic achievement is controlled for by the inclusion of degree class and A-level results - but surely these are at least partly due to the independent school education received, so what remains cannot be a school effect.

Retention
If university admission tutors really believed that independent school pupils were likely to underperform or drop out of university, the acceptance rate of independent school pupils would surely have fallen or at least remained stable over the past 10 years. In fact, it has increased, as previously explained.

Independent school pupils have good retention rates at university. There is a positive correlation (0.6) between the percentage of students who continue from their first year of undergraduate study in the same institution against the percentage of each universities' student population that come from non-maintained schools (see Chart 3).

The National Audit Office's 2007 report into higher education retention rates found that among full-time students, the greatest influence on retention was pre-entry qualifications. Higher entry qualifications equate to a higher probability of retention.8 As we have seen independent school pupil A-level results lead the board.

The National Audit Office found the common explanations for non-completion were personal reasons, lack of integration, dissatisfaction with course/institution, lack of preparation and the wrong choice of course. It could be reasonably argued that the quality of information and careers guidance at independent schools make some of these reasons less likely to afflict independent school pupils.

So, far from filling the university system with unmotivated drop outs, the independent schools sector provides highly motivated and qualified students.

Protecting the ‘crunchy' subjects
The independent education sector has an important role to play in upholding higher education participation in difficult, yet essential subjects. We have already seen that independent school pupils have a significantly higher participation rate in science A-levels (Table 3). This also extends to modern foreign languages. Both these areas have been identified by government as academic areas that are in danger of decline.

The independent sector's importance in ‘feeding' through to degree level studies in these subjects can be seen in the dramatically different distributions of subject applications for undergraduate courses from the independent schools sector compared to all UCAS applications (see Chart 4).

A significant economic impact
ISC estimates that UK and non-UK domiciled ISC pupils at universities have a positive economic impact on the UK economy of £442.6m. This figure is derived by estimating pupil numbers and fees and using the University of Strathclyde's model of the knock-on economic effects of students at university. ISC undergraduate students account for around 12% of the overall impact of HEIs on the UK economy. This is a significant proportion, considering that no postgraduate study is included here. It equates to around 0.04% of total UK GDP.

Broken down into UK and non-UK domiciled students the contribution of each respectively is £290.4m and £152.2m. The universities survey, conducted in November 2007, found that 82% of non-UK domiciled students at ISC schools stayed on for higher education in the UK.

Keeping an eye on the challenges
Universities have a difficult remit from government: to widen participation, to maintain degree standards and to increase the student retention rate. Often widening participation does not easily sit with the other two objectives. The appeal of independent school students against this background is understandable. Independent school pupils are ahead on A-level performance. There is no evidence to suggest they underperform at university. Moreover they often have some of the characteristics that make them more likely to complete university courses.

Universities also face the challenge of incorporating the new A* at A-level and diplomas into their offer policies. And we must not forget the increasing competition from higher education establishments abroad. 49% of schools who took part in the ISC university survey had at least one pupil who went to university overseas. The most common destination was the US, accounting for 50% of these A-level leavers. It is important for the sector to keep an eye on this trend.

Forewarned is forearmed....
While this article has aimed to dismiss the myths that have poisoned the debate about discrimination of university admissions, they should not have been allowed to take hold.

It is vital that the sector has good data on this subject to be able to build sound research that can tell the truth and allow our pupils the merit they deserve. It is also important that schools have good information on university choices and acceptance rates. By adapting the data that is collected in the universities survey we hope to build a new tool set for schools which will allow them to search by course and/or university to see both UCAS and ISC acceptance rates and offer levels.

To build this we need the participation of schools and we strongly hope that you will welcome efforts to collect this vital information.

If you are interested in finding out more about our research in this area, detailed papers in on the ISC universities survey can be found at: http://www.isc.co.uk//.

Table 1 Oxford, Cambridge and Durham are the least likley to be accused of being bias to independent school pupils

Table 2: The relationship between offersd made to ISC pupils and overall acceptance rates by subject

Table 3: Independent school have the highest participation rates in A-level sciences and maths

Chart 1 - The link between University admission rates and the percentage of candidates gaining three A-levels at grades A or B

Chart 2 - Pupils from independent schools achieve better grades

Chart 3 - The percentage of pupils completing higher education courses at their institution is proportional to the number of students from the independent sector

National curriculum: lessons from the independent sector
Pru Jones

The House of Commons education select committee is scrutinising the national curriculum. ISC has submitted its views in order to join a crucial national debate. ISC head of research Pru Jones summarises

ISC investigated the experience of countries across the world, focusing on England and Wales and how the independent schools sector can contribute to the debate. We concluded that there was nothing intrinsically good or bad about a national curriculum (NC): the variables were in its content, administration and assessment. We drew up a list of characteristics that might make a NC best fit for purpose. This is of course, based on the assumption that there has to be one - something we questioned.

Should there be a NC?
The starting point was the premise that if the benefits of a NC outweigh the disadvantages, a NC should be considered. We developed a framework that would identify, quantify and compare these impacts across several countries. Japan, France, the US and England & Wales were assessed - all being at similar stages of economic development.1 Numerous studies have developed methods to assess outcomes of education policy. It seemed obvious to use these. However, several problems were apparent.

Few studies have isolated the impact of NC from the wider outcomes of education policy. There is also surprisingly little consensus on what these impacts are and how they can be measured. We therefore needed to consider the wider impact of education policy and identify effects that were specific to the use of a NC (Table 1).

Whether these impacts are seen as advantages or disadvantages is subjective. There is also considerable debate over establishing causality between outcomes and education policy. Coulson (1999) was pessimistic: where education systems have been successful he claimed, ‘it is not as a result of real choice or research ... it is often just down to luck'. Establishing causality becomes even more complex when we try and assess specific curricula outcomes. It became clear from initial investigation that the impacts of NC are the result of a complex interplay between the content and the systems of accountability and assessment that accompany it. Behind this sits the specific cultural and identity values of an individual nation (see Figure 1).

Using the framework we could capture the most important factors that determine the impact of a NC. Relatively good data was also available, allowing comparison of government involvement in each category across countries. Several aspects of content, assessment and accountability were considered (Table 2).

Country case studies
International Review of Curriculum and Assessment (INCA) tables suggest little difference in curriculum content between countries. 2

Japan
Since the end of the Second World War, Japan's Ministry of Education, Culture, Sports and Technology (MEXT) has kept central control of education and a focus on egalitarianism.

The state funds compulsory schooling (ages 6-15). It subsidises schooling between ages 15 and 18 and staff salaries and fees at private schools. MEXT sets precise curriculum content and how it is to be taught from ages 6-18. All textbooks and teacher manuals are MEXT approved. Government testing is limited. At 15 students sit entrance exams for senior high schools, set by schools themselves. From 15-18 pupils work towards the Certificate of Upper Secondary Education. This is earned by credits from attending courses. The final grade awarded is based on teacher assessment, with no external moderation. To enter university most pupils sit the test set by the National Centre for University Entrance, under MEXT's jurisdiction. The lack of national testing means that MEXT does not control schools through assessment. Instead, it uses nationwide scholastic achievement surveys to inform policy. These are conducted by the National Institute for Educational Research (under MEXT's jurisdiction). Teacher training syllabuses are approved by MEXT. After one year's probation newly qualified teachers gain teacher status if approved by a local authority. CPD is compulsory for all teachers.

Education outcomes and the NC's role
Japan's education system is lauded for its successes in international comparisons such as PISA, TIMSS (Trends in International Mathematics & Science Study) and PIRLS (Progress in International Reading Literacy Study). The 2000 PISA survey of 41 OECD countries ranked Japan first in mathematics, second in science and eighth in reading. Subsequent PISA results have shown a fall in ranking. The percentage of pupils graduating from secondary school was 93% in 2005, well above the OECD average of 82%, and up on 89% in 1995.

By these measures, Japanese education and its NC seem quite successful. However, calls for education reform have gained pace since the 1980s. Worry has grown that the education system fails to produce enough creative people. Problems were also reported in schools with rises in bullying, violence and adolescent suicides - perhaps likely indicators of disengaged and demotivated pupils. Concern was also expressed over the system's emphasis on preparation for university entrance. Education consequently focuses on imparting knowledge, rather than the encouragement of self-motivated enquiry and creative thought.

Discontent in a NC may be shown by parents withdrawing their pupils from the system or seeking to supplement it. This is evident in Japan. A large proportion of children attend juku or ‘crammers'. These are privately run ‘schools' held outside of school time. The proportion of elementary school children in juku more than trebled from 1976 to 2002, catapulting from 12% to 39%. Among middle school children there was a near doubling over the same period (38% to 75%). The percentage of parents who think that school study is serviceable for increasing scholastic ability of children decreased from 71.7% in 1976 to 23.3% in 1996.

The prevalence of juku may also have negative impacts on equality of opportunity and social mobility. Juku provision is greater in urban areas and among higher social economic groups. OECD 2006 findings on variance in school performance support this.

In 1989, MEXT set out a new view of academic achievement. Emphasis shifted to include students' interests and motivation, alongside knowledge and understanding. In 1999 changes were made to curriculum content. "Integrated learning" was introduced as a new cross-disciplinary subject. This aimed to foster children's ability to independently explore, learn, create and problem solve. Teachers were given relative freedom over how this was taught. But critics argue that it has had little difference. Teaching in junior high schools is still dominated by a teacher-centred lecture format. Perhaps the limited impact of this change reflects the stagnation that can set in after years of an inflexible curriculum.

The limited system of assessment makes it easy to identify the impacts of having a NC. However, many of the disadvantages identified in Table 1 have emerged. Perhaps, more importantly, many would argue that the positive education outcomes in Japan are due to cultural and pedagogical ideas rather than the use of a NC.

The emphasis in Japan is on the group and group success. Parents are also often heavily involved in their children's education. The influence of Buddhist and Confucian religions should also be considered. They are founded on respect for learning and benevolent hierarchical relationships. Coulson (1999) attributes much of Japan's success to the pedagogical methods used. Topics are looked at once, but covered thoroughly. This differs from the preferred use of spiral curricula in the US.

France
In France the education system is highly centralised. It is built on a republican ideological tradition with a strong notion of equality and commonality. Schools are expected to provide the same curriculum and pedagogy to all pupils regardless of who they are, where they live or even within limits of their ability level.

The government finances state sector schools (ages 6-16). The Ministry of Education determines subjects taught and the number of hours dedicated to each subject. Central government pays all staff salaries. In the private sector, nearly all schools have entered into a contract with the State, where the government has responsibility for teacher remuneration. The Ministry of Education controls examinations, diplomas and university degrees. Since 1985 assessment has been obligatory during compulsory education. Aggregate national and regional results of the Brevet (taken at age 15) and the Bac (taken at age 18) are published. Bac results are also published by school. However, these results are not used to allocate school funding. Results are used to identify problems that all schools should address.

Education outcomes and the NC's role
France sat broadly in the middle of PISA's 2006 tables of OECD performance in mathematics, science and reading. However, its rankings were significantly down on 2000. Downward trends were also apparent in other variables used to measure achievement. In 2005 France's tertiary education enrollment rate was 13% up on 1995, below the average OECD increase of 49%. Recent figures show two fifths of pupils leave primary school with "serious learning gaps" in basic reading, writing and arithmetic. One fifth finishes secondary school with no qualification at all. The Bac is also under fire. Jean-Robert Pitte, president of the University of Paris-Sorbonne (Paris IV) claimed: "The Bac is worth absolutely nothing."

A potential advantage of using a NC cited above was increased equity among pupils. Despite the government's emphasis on egalitarianism through the NC, there is large disparity in pupil performance. PISA 2006 found that half of 15-year-olds match the standard in writing, mathematics and science of the very best performers in the OECD. However, the bottom 15% of 15-year-olds rank among the OECD's worst. This could be an indication of where a NC might fail to help the less able.

In France it seems that the education system as a whole has not produced good outcomes. But it is hard to ‘unwrap' the impact of the curriculum from assessment, accountability and France's cultural context of egalitarianism. The apparent discontent among pupils is likely to be a reflection of how relevant they perceive the curriculum to be. The government has indicated desires for wide-ranging curriculum changes, including increases in art, sport, civic education, comparative religion and general culture.

United States of America
In 2000 central government passed the No Child Left Behind (NCLB) Education Act. NCLB applies to all states. It represents a commitment to outcomes based education policy. Such policies are based on the idea that targeting high expectations and standards will benefit all students. The US government was particularly concerned with tackling poor achievement among minorities and lower socio-economic groups. NCLB provides a basic core curriculum focusing on science, mathematics, English, social science and physical education. And an elective part, which may include modern foreign languages, visual and performing arts and more vocational subjects. Schools are funded by their state.3 However, federal funds are provided if NCLB is adhered to, creating a strong incentive for schools to comply.

Compulsory testing was introduced for the first time with NCLB. Mathematics, reading and/or languages and arts are tested once during each of the age groups: 8-11, 11-14 and 14-18. In 2005, testing in mathematics and reading became annual between ages 8-14, and since 2007 schools have also assessed science once in each of the three age bands. NCLB tests are not used to determine individual pupil progress. They are used to assess overall state and national targets. States administer tests, setting standards and education targets year-on-year. They need to show annual improvement in test scores to ensure federal funding and accreditation.

The impact of the NC
It will be several years before the wider impact of NCLB will be observable. It seems to have had positive impacts so far, particularly in raising the performance of groups that have under achieved in the past. National Assessment of Educational Progress (NAEP) looked at reading and mathematics results between 2000 and 2005. Scores for African-American and Hispanic nine-year-olds were at an all time high.

However, these initial findings on the first five years of NCLB are being questioned. A recent study found that school drop out rates in Texas were highest among ethnic minorities. A NC might lead to greater inequalities between students as teachers move quickly to cover content. PISA also found that within-school variations in pupil performance increased from 78% in 2003 to over 90% in 2006. This may indicate that NCLB is not helping all pupils.

Overall NAEP reported that the academic performance of nine-year-olds improved dramatically between 2000 and 2005. Gains in reading skills were more than the cumulative gains made in the 28 years to 2000. Mathematics results also rose sharply. Results for 13-year-olds were encouraging too. While reading skills only showed marginal improvement, mathematics skills were up dramatically. Seventeen-year-olds showed the least improvement. Their reading ability slipped back to 1971 standards and no improvement was evident in mathematics. The inequality of progress across age bands partly reflects the introduction of NCLB. It may also signal one of the criticisms levied at outcomes based education policy: in order to guarantee improvement, initial standards will be set very low.

The American public seems critical of NCLB. In the Centre for Public Education's (2007) survey of those that felt they knew something about the Act, 55% viewed it unfavourably, compared to 38% who viewed it favourably. Over a third felt NCLB actually hurt schools. In 2007, 43% felt there was too much testing, up from 31% in 2002.

Despite parental discontent there has been no significant change in the share of children enrolled at private schools. This may be due to tighter economic conditions and rising school fees. There has, however, been a strong rise in the number of home-educated children. Some estimates put the number of children educated at home as high as two million.

NCLB critics argue that teachers have become disempowered. They teach to the test and do no more. Pupils become disengaged and see schooling as the accumulation of facts. The Public Education Network's 2004 survey of children in eight states suggested that some disadvantages had emerged; for example, "rather than help to engage students in the goals of schools, the testing and narrowing of school offerings are further alienating them".

In July 2007 a poll of teachers found that 76% felt they had become the ‘scapegoats for all the problems facing education'. They argued that if scores are not high enough teachers are held responsible.

England and Wales
A NC for England and Wales was introduced as part of the 1988 Education Reform Act along with national testing. National tests were introduced for seven-year-olds (Key Stage 1), 11-year-olds (Key Stage 2) and 14-year-olds (Key Stage 3). These tests are written by the National Assessment Agency. Tests for 16-year-olds (Key Stage 4) and 18-year-olds (Key Stage 5) are written by exam boards that are accredited by QCA, a government funded body. Exam boards take the subject areas specified by government and create detailed syllabuses for examinations.

Assessment outcomes are the major informant for national government, local authority and school targets. School league tables are published in the national press. Schools do not receive additional funding for good test results. However, a high position in national league tables will encourage more applications and therefore more funding.

PISA results suggest a decline in educational achievement in the UK. In 2000 the UK sat in the top ten of OECD countries in mathematics, science and reading results. In 2006 the UK tumbled down the rankings. Other indicators, however, are more positive. From 1995 to 2003 participation in all levels of education rose. Increases in tertiary education enrollment rates also show enthusiasm for education.

Evidence of the NC's impact on the equity of pupil performance and opportunity is mixed. There is some evidence of frustration among teachers that they do not have the time to help the less able or challenge the more gifted. This is perhaps borne out in PISA's 2006 results on variation within and between school performance.

Rising truancy and school exclusion rates suggest that pupils are discontented and disengaged from the current system. Many would attribute this to the NC and its methods of assessment and accountability. Edward and Malcolm's (2002) review of the causes of truancy highlighted the role of ‘the content and delivery of curriculum, seen as lacking in stimulus and relevance'. MacDonald (2001) also pointed to the deteriorating relationship between teacher and pupil.

He found that workloads prevented teachers from providing what pupils wanted most: to be listened to and respected. Many observers have also reported that the curriculum is viewed by pupils and teachers as something to be ‘got through', with every target met or exceeded on the way.

Parental discontent is also evident, with the numbers of pupils in private and home schooling increasing. There has been a rapid growth in alternative qualifications such as IGCSEs. Cullingford (1999) summarised findings of parental surveys. He highlighted feedback on less inspired teaching, more stress on pupils and a greater feeling of parent alienation from their children's learning. However, more recent surveys show a mixed, and perhaps more positive picture. For example, Continental Research's 2003 study found that 82% of parents of primary school children rated primary education as ‘good' or ‘very good' and a third of parents felt that primary education had improved over the last few years.

Discontent extends beyond pupils, teachers and parents. The CBI (2003) reported that over a third of employers were not satisfied with the literacy and numeracy skills of school leavers. Public belief in the system also seems low. In the Continental survey, satisfaction of primary and secondary schooling was much lower among the whole public. Only 60% and 49% rated education as ‘good' or ‘very good' in the primary and secondary sectors, respectively. But here we should exercise caution. An OECD (2006) report warned that, ‘different individuals and groups have demanding, not necessarily compatible expectations'. First, they observed that the more involved a group was with education the more likely they were to be satisfied. Second, they found that dissatisfaction with education systems is voiced more by those with higher educational attainment and by urban dwellers, compared to rural dwellers. Nor can we ignore the powerful influence of media in shaping opinion. The OECD noted that ‘negative stories about violence or underachievement can predominate, generating a sense of crisis about the state schools are now in.

It seems that many of the negative impacts discussed above stem from the systems of assessment and accountability that accompany the curriculum, rather than the fact that there is a curriculum per se. The NC only outlines the subjects to be covered. It is the exam boards that interpret these and write detailed programmes of study. It is also odd that lessons were not taken from the introduction of the ‘Revised Code' in England in 1862. One of its aims was to ensure all pupils were covering basic subjects adequately. Schools were awarded funding based on pupil test scores. It became known as ‘Payment by Results'. As Coulson (1999) described, ‘the results were tragic...students were simply being made to memorise words without understanding their meaning' to ensure the school achieved good results and consequently more funding. Although today's schools do not receive funding in the same way, the obsession with results and target delivery is perhaps having the same sad consequences - narrowing children's learning and ultimately teaching progress.

Initial findings from a study in Wales are particularly illuminating. Educational standards seem to be rising where schools are not obliged to submit their exam results to league tables. The removal of this pressure seems to be allowing teachers more freedom to respond to pupils' issues and needs when they arise.

What is worrying, and what can be perhaps directly linked to having a NC, is the government's consequent involvement in pedagogy. Coulson (1999) warned ‘a single pedagogical vision is being imposed by central government', meaning that pedagogical ideas cannot be tested and progressed.

Independent sector lessons
Independent schools in England and Wales are engaged in an unintentional but parallel exercise in testing the government's NC against a proxy system based on public examinations and university entrance requirements. Given the generally very good results of independent schools it is hard to argue that the proxy system is worse than the NC system. OECD PISA research shows that results in the UK independent sector are - arguably - the best in the world, and that the gap in achievement between the independent and state sectors is wider in the UK than in other countries. The implication is that the independent sector style of teaching is more effective. It is difficult to be more certain however due to differing pupil characteristics. It seems that there is no discernible advantage of the NC system as compared with the proxy system.

The independent sector is responsible to its (mostly) fee-paying parents for delivering good academic results, and for developing the potential of the children it educates. The NC arguably plays a small part in these objectives. Notably, the independent sector goes considerably beyond the NC in its emphasis on verbal articulacy and on extra-curricular activities.

Many independent schools are moving to IGCSE examinations, which do not conform to the NC, and which are not counted in the published league tables. As with the study in Wales, cited above, this may have a positive impact on performance. League table placings are of less importance to many independent schools than to state schools. This distinction is important. League table placings are of prime importance to many state schools. A poor result can affect the freedom of the school to govern itself. These placings are related to the requirements of the NC, and are in turn related to government targets for improvements in measurable results against the NC.

How the NC could be improved
We identified features of curriculum content, assessment and accountability that can make a curriculum best fit-for-purpose. It is important to note, however, that this list is compiled on the basis that there ‘has' to be a NC. In particular, the evidence from independent schools in the UK would query this. There is also significant evidence arguing that parents make good decisions for their children, society and the economy, regardless of their socio-economic circumstances and the presence or extent of government intervention.

NC should be:

• NC content must be flexible and responsive to developments in pedagogy and national needs. If not, educational thought can stagnate and the curriculum can quickly become irrelevant.
• NC content should be broad. Subject details should not be heavily prescribed either by government or exam boards. Doing so reduces teacher autonomy and job satisfaction and narrows the learning experience of the child.
• NC content, accountability and assessment should allow teachers freedom and time to stretch bright students, help the less able and investigate subject areas where pupils are interested in understanding more.

NC content should not be:

• NC assessment should not entail excessive testing. Universally, a focus on testing was found to narrow children's learning, teacher's autonomy and children's engagement in learning.
• NC accountability should not be dependent on test performance. This can lead to the same negative results as above.
• NC assessments should not be high stakes. High stake assessments increase pressure on students and can instil a sense of failure, particularly among the less able.
• A NC framework should not penalise parents who choose alternative forms of education for their children.

In summary
The concept of a NC is neither good nor bad in itself. The UK model is a particularly "high stakes" model. The curriculum is prescribed; performance against the curriculum is measured; the results are published; schools are ranked against their results; and a school's freedom of action can depend on the published performance. The independent sector provides an example of greater flexibility which seems to have some strengths. The sector can make a significant contribution to this debate and will stay involved.

Table 1 - Advantages and disadvantages of a national curriculum

Table 2 - Evaluation framework for comparing national curricula

Post-16 maths survey
Corinna Elsenbroich

One in four A-level maths entries are from independent schools. ISC surveyed schools to find out why our sector's maths uptake is so good. Senior researcher Corinna Elsenbroich unveils the results.

The uptake of post-16 maths and science in the UK is lamentable. The Smith Inquiry into the state of mathematics in Britain highlighted the problem of teacher recruitment and quantified post-16 mathematics uptake. Between 1996 and 2003, the number of candidates at A-level dropped from 67,000 to around 56,000. That is a 16% drop in only seven years. Although numbers are recovering, the recovery is slow and in the last two years has stagnated.

The shortage of A-level candidates translates directly into a shortage of mathematics undergraduates which in turn exacerbates the shortage of mathematics teachers. This low uptake is also a considerable threat to the continued success of British business and research, both of which are facing a shortage of maths-able candidates.

The problem has been analysed from many angles. The consensus is that finding adequately qualified teachers is the main cause of the situation. But the problem of finding qualified teachers is because there are too few students enrolling for mathematics at college. And the number of students enrolling in college is determined by the uptake of mathematics A-level. Clearly, the problem of post-16 uptake of mathematics in the UK is a vicious circle.

Independent schools, it can be argued, are the only reason why the Britain's maths shortage is not yet a huge national crisis. The independent sector has seen an increase in post-16 mathematics uptake and a relatively stable uptake or slight upturn for the sciences. The independent sector has a 15% share of overall A-level exam entries but it accounts for 25% of all mathematics entries.

Why is the rate of maths uptake at A-level on the rise in the independent sector? And can anything be learned that could help the maintained sector's rate of uptake?

To find out, the ISC conducted a survey of Year 11 students in ISC schools capturing attitudes towards mathematics. The survey is modelled on surveys conducted in the maintained sector by the Mathematics and Identity Group at London University.

In October 2007 an email was sent out to all ISC secondary schools to participate in the online survey: 2,566 pupils from 76 schools responded, 81% in Year 11 and 19% in Year 10. The sample wasn't quite representative of the sector. A large response rate from girls' schools meant that only 34% of respondents were male.

The sample is split between those who will definitely take mathematics (31%), those who will perhaps take mathematics (30%) and those who will not take mathematics (39%).

What are the differences between the maintained and independent sectors that could make a difference? Curriculum matters: many schools in the independent sector now shun GCSE mathematics assessment in favour of the IGCSE which is regarded as more stretching. Recent reports also show that the independent sector is attracting more academically qualified teachers. In addition, independent schools have much higher levels of A* and A at GCSE than the maintained sector. All these factors play a role in determining whether a student will take mathematics or not.

Many researchers say that the greatest predictor of A-level uptake is the predicted or actual GCSE grade (Figure 1). In the maintained sector, between 70% and 80% of A* students continue with mathematics at A-level. Around 60% of those attaining an A grade continue, but for B grades uptake slumps to 17%. Clearly mathematics A-level only attracts the top set of students, which is partly the reason for the low uptake in the maintained sector as only around 11% obtain an A* or A in their mathematics GCSE. In comparison, 47% obtain an A* or A in their mathematics GCSE in the independent sector. These numbers alone are often seen as the reason for higher uptake levels of mathematics at A-level in the independent sector.

But is it right to link GCSE attainment and A-level uptake in this way? Predicted grades only tell part of the story. If attainment is the reason for students to take a subject at A-level, then this should hold equally for other subjects, not just mathematics. When comparing GCSE attainment in other subjects, no such strong relationship can be found. Statistics from the maintained sector (Figure 2) show that more than three times as many students obtain an A* or A at GCSE in biology compared with mathematics, but only 16% of candidates take it up at A-level. In English on the other hand, only 15% of students in the maintained sector obtain an A* or A grade, but 29% of candidates take it at A-level. Comparing mathematics to other subjects, namely English and biology, the former with similar grades, the latter with similar uptake, sheds doubt on the strong link often made between prior attainment and uptake. The question of why the independent sector has higher uptake for mathematics at A-level remains unanswered by just looking at grades.

Rather than saying that GCSE attainment is the cause of further uptake, high attainment and continuation have a common cause that is more qualitative. It consists of a mixture of enjoyment, confidence and valuing the subject highly, whether in its own right or for a future career. The survey probed qualitative judgements about mathematics ranging from enjoyment to panic (see Figure 3). Each student ticked one answer for each attribute.

In our sample, 51% strongly agree or agree with either of the statements ‘I feel confident about mathematics' and ‘I enjoy mathematics'. Around 80% agree maths is an important subject and around 50% agree that it is important for their intended career. There are several important findings in here and we will try to sketch the importance of them for mathematics uptake and how these finding can be translated into policy to improve uptake of mathematics in both sectors.

Brown et al report enjoyment of mathematics as the foremost reason for uptake. It comes as little surprise then that only

23% of students in the independent sector do not actively enjoy mathematics. Enjoyment can be linked to good teaching and generally good resources available in the independent sector. Enjoyment levels are very high for students who continue mathematics post-16 (Figure 4).

Career choice is a key influence in choice of A-levels, according to a recent survey by Cambridge Assessment. ISC research confirms these findings with many students citing career or university entrance considerations as main reasons for their choice of A-level. Around 50% of respondents strongly agreed or agreed that mathematics will be important for their career. The survey said 31% will definitely take mathematics at A-level and another 30% are considering uptake. Uptake in the independent sector is generally in the mid to high thirties per cent. Some students in our survey said that they would take physics or economics as alternative numerate subjects.

But Cambridge Assessment found that many students in the maintained sector do not have sufficient information and career advice to make the right choices about choosing A-levels. In particular, mathematics does not seem to be promoted as it should be, considering how important it is for a variety of careers. Contrast this with the attitudes of students in the ISC survey who seem to be very aware of the value of mathematics for their future.

Confidence in mathematics is also important. The survey reveals high levels of confidence for students in the independent sector: 50% agree that they feel confident about mathematics. It has been shown that attainment in mathematics is influenced, much more than in other subjects, by confidence. Maths anxiety is highly detrimental to attainment and confidence highly beneficial. Around 80% of those students taking mathematics in the independent sector feel confident about it (Figure 5).

Mathematics uptake post-16 is considerably higher in the independent sector than in the maintained sector. Often this is laid at the feet of higher attainment using GCSE grades as reliable predictors of uptake. This cannot be the whole story, though, as other subjects including biology and English show different uptake patterns altogether.

Other qualitative measures have to be taken into account to explain the difference in uptake. Enjoyment, career plans and confidence are three important determinants of uptake. For each factor, the uptake group shows significantly higher levels of them than the group not choosing mathematics. Any policy targeting students to take mathematics post-16 has to consider these qualitative findings, even if they are so much harder to measure.

Figure 1 - Overall Mathematics A-level uptake by predicted grade 

Figure 3 - independent schools students' attitudes to mathematics

Figure 4 - Enjoyment is closely linked to continuation of study

Figure 5 - Confidence is a good predictor for A-level uptake

ISCias explained
Hannah Trussell

The ISC information & advice service (ISCias) was launched in January 2008offer impartial advice to parents on ISC schools. Hannah Trussell, ISC head of operations, explains.

The ISC information & advice service (ISCias), was officially launched on January 18th. The launch included a series of regional press releases and the distribution of launch material such as the promotional ISCias leaflet, a copy of which can be downloaded at: www.isc.co.uk/uploads/documents/ISCias%20Introductory%20Leaflet.pdf. A number of publications picked up on the press releases that were sent out including, among others, the "SFS Group" website, the "This is Nottingham" website, "The Association of Relocation Professionals" website, and the "DirectGov" website. Coverage also extended to a dedication on Classic FM to one our Regional Advisors, Rachel Hicks.

The national advertising campaign both in Yellow Pages books across the country and on Yell.com has increased awareness of the service, and we have subsequently seen a sharp rise in enquiries. Calls to the 9-5 helpline (0845 SCHOOLS) now average at around 20 calls per day, with an average of 40 emails per day coming into our dedicated email address: information@isc.co.uk. In the first few weeks of the new service, our central information team has input over 600 enquiries into the central database that ISC commissioned as part of the ISCias division. This database, as it grows, will become invaluable for schools and the sector as ISCias staff will be able to interrogate it for information both on specific parental enquiries, and on sector trend data. It is now vital that our advisors get out to visit your school if they haven't done so already, so that they can build up detailed knowledge of the intricacies of what your school can offer a child. As we all know, every school is different, so please invite your advisor out to see you to give them the opportunity to learn about your school! We are also hoping that those of you involved in regional groups of schools and associations, will feel it appropriate to invite your advisor along to one of your meetings, a chance to meet a group of heads will certainly be warmly received by our advisors.

The History
There were a number of factors behind the launch of ISCias, but most importantly it started with the simple fact that parents supply 100% of the market. Because of this, and because of the huge investment parents are willing to make for their child's future, we believed that they deserved a professional, friendly and accessible service. Bringing ISCias into ISC's central operation ensures that information is accurate and up-to-date, and that parents are guaranteed a response from the ISCias team within two working days. At ISC, we were also acutely aware that schools needed a direct line of communication to us, and also to know that ISC is directly accountable to its schools. Through close, face-to-face and telephone contact with regional representatives of ISCias, we hope that you will feel closer to the operation of ISC, and be far more aware of what we can offer your school.

The Future
As we move through the early stages of the division's development, we hope that the service will also begin to reach out more widely, and that advisors will soon provide the link between independent schools and local authorities for example; acting as an information stream for all ISC schools and heads' associations. Looking ahead, we have organised exhibition attendance at a number of the major county shows this summer, at which all ISC schools will have the opportunity to display information and will be professionally presented by ISCias staff.

ISCias will report back on its activities in a variety of ways including reports to the ISC board, and articles like this one in future Bulletins. We know that it will only be through constant contact with you that we are able to ensure that the service evolves into something that is useful to all. Thank you for your continued support.

Legal update
Matthew Burgess and Sarah McKimm

October's High Court decision in R(Dimmock) v Secretary of State for Education demonstrates the care required in teaching political material

The case concerned Nobel prize-winner Al Gore's film called "An Inconvenient Truth". Sections 406 and 407 of the Education Act 1996 effectively prohibit partisan political indoctrination in state-maintained schools. Where political issues are brought to the attention of pupils while in school or taking part in school extra-curricular activities, the school must "take such steps as are reasonably practicable" to ensure that pupils are "offered a balanced presentation of opposing views".

"An Inconvenient Truth" was distributed, according to the wishes of the Secretary of State for Education, to every state secondary school in England. It was not directly accompanied by any guidance but cross-referenced to a Guidance Note on Teachernet.

A parent objected to the distribution and sought a declaration of the court that the decision by the Secretary of State to do so was unlawful, contravening Sections 406 and 407.

The court identified nine errors in the film and noted that while it was not party-political, it was nonetheless "partisan", meaning "one-sided". The following points (among others) were found by Mr Justice Burton as indicating partisan promotion of views:

• Superficial treatment of the subject matter typified by portraying factual or philosophical premises as being self-evident or trite with insufficient justification and without any indication that they may be the subject of legitimate controversy;
• The misleading use of scientific data;
• Misrepresentations, half-truths and one-sidedness;
• Deployment of material so as to prevent pupils meaningfully testing its veracity and forming an independent understanding as to its reliability;
• The exaltation of protagonists and their motives coupled with the demonisation of opponents and their motives; and
• Imposition of a moral overlay requiring the viewer to adopt a particular view and course of action to do "right" rather than "wrong".

The judge was clear that partisan political material can be shown to pupils in the context of proper tuition and debate:

"If a teacher uses the platform of a classroom to promote partisan political views in the teaching of any subject, then that would offend against statute. If, on the other hand, a teacher, in the course of a school day, and as part of the syllabus, presents to his pupils, no doubt with the appropriate setting and with proper tuition and debate, a film or document which itself promotes in a partisan way some political view, that cannot possibly in my judgment be the mischief against which the statute was intended to protect pupils."

The Secretary of State agreed to publish and has since published a new Guidance Note to put the film in context to facilitate balanced analysis and debate.

The claimant was awarded two-thirds of his costs of over £200,000.

The case will make useful reading for anyone considering how to introduce contentious issues into the classroom, whether academic or in relation to social and personal issues. "Balance requires that opposing views are expressly referred to, that they are properly and fairly explained and that people know how to find out more about them. It does not require that they are given equal weight with mainstream opinions. It is perfectly acceptable for an education system to leave a child understanding that certain views are commonly held by those who have considered matters in detail or that certain views are considered to represent the respectable moral ground."

Schools will have read of the press-dubbed "Lotto rapist" case in January. Sarah McKimm looks at the implications.

The six cases, of which the Lotto rapist one hit the headlines, were referred to the House of Lords on a preliminary issue: what is the time limit ("limitation period") within which cases of this type must be brought? The Lords, the UK supreme court, ruled that courts will now have discretion in this type of case to extend the usual limitation period when it appears equitable to do so. The cases were then referred back to the lower courts for the judges to decide how to exercise their discretion.

Ascertaining the usual limitation period is often complex even before questions of discretionary extension of time are considered. Psychological injury cases are grouped with personal injury claims. The limitation period for personal injury claims is three years from: the date when the cause of action accrued (eg in the case of injuries sustained in a car accident this would probably be the date of the accident); or the date when the injured party reaches majority(18); or the "date of knowledge". This was intended to cover, for example, industrial injuries causing insidious disease such as asbestosis.

Additionally, section 33 of the Limitation Act 1975 gives the court discretion to extend the period when it appears that it would be equitable to do so, in cases of "negligence, nuisance or breach of duty".

Previously, the Lords held that deliberate sexual assault did not fall within the words "negligence, nuisance or breach of duty" so there could be no extension of time for psychological injury sustained through sexual abuse in the absence of negligence. This meant that for a number of years, late cases could not be brought against the perpetrators themselves but had to be framed in terms of negligence against non-perpetrators. This time though, the court decided that sexual assault does fall within the wording. So courts will now have discretion to allow cases to be brought "late".

The Lords noted that psychological injury is most analogous to the insidious disease category, but the date of knowledge is particularly difficult to ascertain. The added complication is that psychological injury prevents a potential claimant from having the capacity to sue and sexual abuse may not be something that they are able to speak about for many years. Baroness Hale also recognised that "perpetrators of abuse have many ways, some subtle and some not so subtle, of making their victims keep quiet about what they have suffered.

ISC comment:
None of the six claims has yet been "won" as such (with the exception of one where the judge in the lower court had already spelled out what he would have decided, if he was permitted). The Lords' ruling simply permits the lower courts discretion to allow them to be brought. In exercising their discretion, courts will have to weigh the injustice to a claimant who may be deprived of his claim, perhaps by the very nature of the injuries which gave rise to it, against the injustice to a defendant who may be called to defend himself a long time after an event when important evidence may no longer be available. The reasons for the delay will be highly relevant to that exercise, as of course, will be the prospects of a fair trial.

Boarding school bursars should check with insurers that cover is in place for long-tail claims. Heads scanning the horizon for "unknown unknowns" may take some comfort from the comments of Lord Brown. While "a substantially greater number of allegations (not all of which will be true) are now likely to be made many years after the abuse complained of," in the exercise of their discretion the courts would look at when the complaint was first made and with what effect. If the accused has been convicted that will be one thing. If, however, the complaint comes out of the blue and is unsupported (other than perhaps that the alleged abuser has been accused or even convicted of similar abuse in the past) that would be quite another thing. "By no means everyone who brings a late claim for damages for sexual abuse, however genuine his complaint may in fact be, can reasonably expect the court to exercise the section 33 discretion in his favour. On the contrary a fair trial (which must surely include a fair opportunity for the defendant to investigate the allegations...) is in many cases likely to be found simply impossible after a long delay."

Schools will have read of the press-dubbed "Lotto rapist" case in January. Sarah McKimm looks at the implications

Failure to educate
The unsuccessful case of Kendall v Southwark Borough Council demonstrated once more the practical difficulties on many levels of bringing a claim for educational negligence.

Ms Kendall, then 24, suffers from severe dyslexia and has a reading age of seven. She sued Southwark in negligence for the failings of the educational psychologist they employed to assess her needs and whose advice formed the basis of her Statement of SEN as a pupil. As a result of not receiving adequate support in school, she claimed for pain and suffering, pecuniary damage for loss of opportunity and the costs of remedial educational support.

The claim failed to highlight the problems inherent in such litigation. Key witnesses may no longer be employed or available. Their recollections may be hazy. The claimant's own recollections may be impaired by time, by their own learning difficulties and by the fact that their perceptions at the time of relevant events were those of a child. Documentary evidence may also be difficult to locate. In the Southwark case some had been destroyed by fire in the intervening years. Others were found in dribs and drabs, necessitating repeated updates of expert witness reports, adding to legal costs.

The standard of care in negligence is that of the ordinary competent professional (in this case an educational psychologist). It is enough for the defendant to show that in acting as they did, they were acting in accordance with a body of competent respected professional opinion at the relevant time. A professional is not negligent, if he/she acted in accordance with such a practice, merely because there is (or was) a body of opinion who would take a contrary view.

Although these claims are not ruled out as a matter of principle, in practice, the claimant may struggle to prove what qualifications or job they would have attained without the negligence or to quantify the loss thereby suffered. Issues of, say, the pupil's own behaviour and receptiveness to help, and later, the state of the job market may be intervening factors which break the chain of causation. While the courts are capable of taking a pragmatic approach and forming a viewon the balance of probabilities, the judge in Kendall v Southwark LBC was not persuaded.

The use of force to control or restrain pupils
New guidance was issued by the DCSFin October 2007 to take into account provisions in the Education and Inspections Act 2006. It is available on Teachernet and replaces Circular10/98 which should no longer be used: http://www.teachernet.gov.uk/_doc/12187/ACFD89B.pdf.

The guidance applies to all schools and is non-statutory but schools are "strongly advised", within the document, to follow it.

The law says that school staff can use such force as if reasonable in the circumstances to prevent a pupil from:

• committing an offence;
• causing personal injury to, or damage to the property of any person, including the person himself;
• prejudicing the maintenance of good order and discipline at the school.

Staff to which this power applies include:

• any teacher who works at the school, and
• any other person whom the head has authorised to have control or charge of the pupils. This includes:support staff whose job normally includes supervising pupils, such as learning mentors; lunchtime supervisors; people with temporary authorisation from the head, whose job does not normally entail supervising pupils, e.g. volunteers. Prefects are excluded.

To be lawful, the force used would need to be in proportion to the consequences it is intended to prevent. It is always unlawful to use force as a punishment.

Reasonable force may also be used in exercising the statutory power under Section 45 of the Violent Crime Reduction Act 2006, to search pupils without their consent for weapons.

It is good practice for schools to have an explicit policy in this regard. The new guidance takes schools through the issues to be covered in an effective policy eg pupils with SEN, recording and reporting of incidents, risk assessments, staff training, post-incident support, dealing with complaints and allegations.

The new exclusions code does not have direct application to the independent sector. However it might provide a starting point, or indications of principle, as to what is required from an independent school head teacher in deciding how and whether to exercise a contractual power of exclusion

The document "Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units" came into force in September 2007 and is available on Teachernet. Part 1 focuses on promoting positive behaviour and early intervention. New materials have been developed by the Department for Children, Schools and Families, and are now available. For secondary behaviour management strategies, see the National Strategy for School Improvement: Behaviour and Attendance Strand Toolkit at: www.standards.dcsf.gov.uk/keystage3/respub/ba_toolu

Suggested alternatives to exclusion in response to a serious breach of the behaviour policy will be familiar to independent schools: working to engage parents, restorative justice, mediation (possibly using the services of an external trained mediator), internal exclusion and "managed moves" to another school, with the consent of all the parties.

The most startling changes are:

• schools' duty to educate remains for up to five days after a child is permanently excluded. Work must be sent home with the pupil for each day they are excluded up to a maximum of five days. Thereafter, from day six, the child must be returned to suitable full-time education. In the case of fixed-term exclusions this will be the responsibility of the excluding state school. Many schools are arranging reciprocal cluster groups to discharge this obligation. In the case of permanent exclusions, it will be the responsibility of the child's home local authority;
• it is now a criminal offence, punishable by fixed penalty fine or prosecution of the parents, if a child is seen in a public place during normal schools hours without reasonable justification, during the first five days of exclusion from a state school.

ISC comment
Although independent schools are obliged by Regulation 12 of the Education (Pupil Registration) (England) Regulations 2006 to inform the home authority of an excluded pupil of their exclusion at once, local authorities' duties to arrange alternative full-time provision for excluded pupils by day six, does not apply to pupils excluded from independent schools. This may be preferable for those parents and pupils who manage to arrange a seamless transition to a new school. The worry is, however, as to the rights of those who wish or need to re-enter the state system, or who have difficulty finding a new independent placement. Those with a Statement of SEN would have a right to "express a preference" for their next state school.

The more problematic group is those with SEN but without a Statement. National statistics (across sectors) indicate that the incidence of exclusion is much higher in this group. Independent schools have the added problem that they have extra hurdles to access Statements of SEN. These pupils, or ex-pupils, are likely to be put to the bottom of their local authority's waiting list. In the absence of a duty on the local authority to act promptly, this could mean a long spell out of school. Meanwhile, the parents' legal duty to cause their child of compulsory school age to receive full-time education remains, (section 7 Education Act 1996), no doubt causing stress to the family and putting the parents at risk of prosecution.

Returning to the implications for independent schools, governing bodies may wish to consider updating their practices in relation to fixed term or permanent exclusions, to match (if they do not already do so) the commitment in the state sector, to send home work with pupils for a reasonable period. As mentioned, however, there is no obligation to do so.

Disability Discrimination Act- duties extended to general Qualification Bodies

With effect from September 2007, the Disability Discrimination Act 1995 (DDA) was extended to cover awarding bodies which offer general qualifications, such as A-levels and GCSEs.

Accordingly, it is now a legal requirement for awarding bodies to allow "reasonable adjustments" for disabled candidates taking general qualifications. Readers will know that awarding bodies offering general qualifications had, in fact, been including arrangements for disabled candidates in their regulations for many years. But the Joint Council for Qualifications (JCQ) has now reviewed their practices in conjunction with disability organisations and published new Regulations & Guidance for 2007/8, which includes detailed guidance concerning reasonable adjustments.

The regulations are contained in the Disability Discrimination (General Qualification Bodies) (Relevant Qualifications, reasonable Steps and Physical features) Regulations 2007 (Statutory Instrument 2007 No 1764) and accessible on-line at : http://www.qca.org.uk/qca_15470.aspx. These need to be read in conjunction with section 31AB(9) (Definition of a competence standard), and section 31AD(2)(a) (Exception for competence standards) of the Disability Discrimination Act 1995 as amended. At the time of going to print, there is a link to a copy of the act highlighted to show amendments at : http://www.dwp.gov.uk/aboutus/consolidated_dda_equality_act.pdf.

The new law states that for general qualifications where a disabled candidate is placed at a significant disadvantage compared to non-disabled candidates, and no other reasonable step can be taken, an exemption from a component can be offered, its purpose being to ensure that the disabled candidate is not disadvantaged. Disabled candidates must not be disadvantaged by the use of an exemption. The DDA applies to all general qualifications, including GCSEs, ‘A' Levels and International Baccalaureate and general qualification awarding bodies.

The duty to make reasonable adjustments does not apply to "competence standards". Clearly, the standards themselves are not to be compromised.

ISC Legal department
From 1 January, a new team took over the ISC legal department. Matthew Burgess joined as general counsel and Sarah McKimm joined as education counsel.

Matthew has overall responsibility for setting and delivering the legal agenda for ISC which is primarily to ensure that ISC schools' views are represented at the highest level on legal and regulatory issues affecting the sector, and that ISC schools are equipped to deal with all legal and regulatory challenges they face.

Sarah joined from her own education law practice and has great experience in child welfare issues, as a member of her local authority's Independent Appeal Panel for exclusions and also (formerly) its Community Panel for sentencing young offenders. Carl Swift makes up the team, focusing primarily on public benefit issues.

Legal online
The legal department is developing an online service for schools. Matthew Burgess explains some of the thinking that is shaping the service:

The website and e-newsletter, rather than the Bulletin, should become the primary method of alerting schools to legal and regulatory changes - providing more timely legal briefings. We will have a "Latest News" section where we will post items of interest in real time.

Over time, we will build up a cyber library of guidance, documents and answers to FAQs. We will work with associations to ensure that existing material of general application is available to all. We do not want to produce material that duplicates existing resources. Producing a complete set of model policies for schools, for example, will be of little practical assistance when schools already have these in place. So we will focus our limited resources on, for instance, highlighting new developments in law or practice which may impact existing policies.

We will always try to help schools with legal questions but with 1,300 ISC member schools, we are not going to be able to advise on individual issues. Where particular issues appear to us to have widespread application, we will seek to ensure that these are communicated to the sector and, where appropriate, develop guidance, policies or practices to address those issues.

Teaching happiness
Corinna Elsenbroich

Schools have always been concerned with the education of character a