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Chapter 19 school fees, charges and remissions of guide for school governors

This chapter provides information about the law governing the fees and charges that can and cannot be levied by the Board of Governors in respect of registered pupils at a grant-aided school and about requests for voluntary contributions to support the school and school activities.

In this chapter:

Role of the Board of Governors
The role of the Board of Governors is to ensure compliance with the statutory requirements relating to school fees, charges and remissions and requests for voluntary contributions.

For ease of reference, the table below sets out the paragraphs in this chapter that apply to different types of schools.

Paragraph(s)

Application

1-23

all grant-aided schools but not

  • Group B voluntary grammar schools;
  • excepted pupils in grammar schools; and
  • schools in hospitals.

24-26

 Group A voluntary grammar schools (in other words schools eligible for capital grants)

27

 Group B voluntary grammar schools (in other words schools not eligible for capital grants)

28-30

 excepted pupils in all grammar schools

31-32

 schools with boarding departments

33-35

 all grant-aided schools

36

 schools in hospitals

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General

19.1. With certain specific exceptions in relation to grammar schools, the law described here

  • maintains the right to free education for registered pupils at grant-aided schools;
  • establishes that activities organised wholly or mainly during the normal teaching time should be made available to registered pupils, regardless of the ability or willingness of their parents to meet the cost;
  • subject to specific remission arrangements, require parents to pay charges for board and lodging for their children at school or on residential trips;
  • maintains the right of a Board of Governors to invite voluntary contributions for the benefit of the school; and
  • makes it clear that there is no statutory obligation on the Board of Governors to make any charge for any form of education or related activity in grant-aided schools.

Prohibited fees and charges

19.2. No fees or charges can be levied in respect of

  • the admission of a pupil to school;
  • education during school hours (excluding the lunch break) for registered pupils at school (excluding individual tuition in the playing of a musical instrument);
  • education wholly or mainly outside school hours required as part of any syllabus for a public examination for which the pupil is being prepared by the school or provided to comply with the statutory requirement to deliver religious education or the curriculum;
  • the entry of a registered pupil for any public examination in any syllabus, for that examination for which the pupil is being prepared by the school;
  • materials, books, instruments or other equipment for use in connection with the education described above (paragraphs 20-23 also refer);
  • transport incidental to education that must be provided free of charge. This means transport for pupils to or from any part of the school premises. It also means transport provided to and from a place outside the school premises, for education arranged by or on behalf of the Board of Governors, and from and to the school premises or any other such place; and
  • transport to enable the pupil to meet any examination requirement for any syllabus for a public examination, which is a syllabus for which the pupil has been prepared by the school.

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Educational activities partly during and partly outside school hours

19.3. Non residential educational activities provided partly during and partly outside school hours is Education During School Hours, if 50 percent or more of the time together with any travelling time falls during school hours.

19.4. Education on a residential trip provided partly during and partly outside school hours is Education During School Hours, if the number of morning and afternoon sessions the pupils would have attended at school is 50 percent or more of the number of half days, including travel time spent on the trip. Half or more of a morning or afternoon session at school counts as a full session. A half day spent on the trip means any period of 12 hours ending at noon or midnight on any day; 6 or more hours of a half day on the trip, counts as a full half day.

19.5. In both situations travelling time means any time spent by pupils on travel to or from the venue of the educational activity during school hours (excluding the lunch break).

19.6. In any other case, the education is treated as being outside school hours.

Permitted charges

Optional Extras

19.7. A charge may be made in respect of

  • any optional extra education or transport provided by the Board of Governors wholly or mainly outside school hours for a registered pupil, with the agreement of his/her parents;
  • an optional extra entry of a registered pupil for any public examination in any syllabus for that examination with the agreement of his/her parents; and
  • board and lodging on a residential trip.

19.8. With the exception of individual tuition in the playing of a musical instrument, this excludes education, transport or examination fees described in paragraph 2 and home to school transport which is subject to separate arrangements.

19.9. The parent must indicate his or her wishes with regard to the provision or the optional extra and his/her willingness to pay the charge before the optional extra is provided.

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Individual tuition in the playing of a musical instrument

19.10. Individual tuition in the playing of a musical instrument provided for a registered pupil by the school, either during or outside school hours, is to be treated as an optional extra if it is not required as part of a syllabus for a public examination for which the pupil is being prepared by the school or specifically to fulfil the teaching of music as part of the statutory curriculum. As music tuition is normally provided by a school in a class or group setting, it is expected that individual tuition in playing a musical instrument would be provided, either as part of the preparation for an A level public examination course or as an optional extra.

Optional extra examination entries

19.11. This applies to public examinations for which the pupil has not been prepared by the school. The pupil may have received private tuition or be resitting an examination for which the school had earlier prepared him but no additional preparation had been given since the previous examination entry. A school may also pass on to the parent, any charge which may arise as the result of a parent’s request to have a pupil’s examinations results scrutinised.

Board and lodging on residential trips for day pupils

19.12. A charge may be made for board and lodging on a residential trip, irrespective of whether charges may be levied for the education provided through the school activity. The charge must not exceed the actual cost of board and lodging for the individual pupil.

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Optional extra charges

19.13. Where the Board of Governors funds the cost of the optional extra, it is responsible for determining whether a charge should be made and the amount of the charge. There is no obligation on the Board of Governors to provide optional extras or to charge for them.

19.14. When the Board of Governors decides to provide an optional extra, it must also decide whether to levy a charge on the parents. Any charge must not exceed the full per capita cost of provision for the individual pupil concerned. It can include an appropriate element for the pupil’s travel, materials, books, instruments, non teaching staff costs, entrance fees and insurance costs. It can include the costs of engaging a teacher under separate contract, specifically to provide the optional extra.

19.15. The Board of Governors must decide if the charge should equal the full per capita cost for the pupil or a lesser amount, which would be partly subsidised from school funds, in other words the school budget or private funds. Alternatively, the Board of Governors may decide to meet the full cost of the optional extra from school funds or from fund raising activities. Where fund raising is used, the criteria related to voluntary contributions applies.

19.16. Any charge levied is payable by the parent of the registered pupil to the Board of Governors. However, where the optional extra is being provided and funded by the education and library board and a charge is levied on the parent, the Board of Governors may subsidise or meet those charges from school funds on behalf of the parents of any registered pupil at the school.

19.17. No charge can be made unless the Board of Governors and the education and library board has in place a charges and remissions policy.

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Charges and remissions policies

19.18. The Board of Governors must have and must keep under review, a school charges and remissions policy which sets out clearly

  • the provision or cases of provision that it proposes to make charges for any optional extra or board and lodging for which charges are permitted;
  • the circumstances in which it proposes to remit in whole or in part, any charge payable to it in accordance with its own policy; and
  • the circumstances in which it proposes to remit in whole or in part, any charge payable to the education and library board in accordance with the latter’s charging policy for any optional extra or board and lodging provided for a registered pupil at the school.

19.19. The remissions policy of the Board of Governors (and the education and library board) must provide for the complete remission of any charges otherwise payable for the board and lodging of a pupil on a school residential trip, where

  • the education on the trip must be free of charge (paragraph 2 refers); and
  • the parents of the pupil are in receipt of income support or family credit in respect of the period wholly or partly comprised in the time spent on the trip.

Both conditions must be met to qualify for remission of these charges. The Board of Governors (and the ELB) may if it wishes, operate a more generous remissions policy.

Materials, books and instruments

19.20. A school is allowed to charge for, or require a parent to supply, any ingredients and materials to be used for the production in a course of education of an item which the parent wishes the pupil to own. Alternatively, the school may invite voluntary contributions towards the costs.

19.21. There is nothing to prevent the school from inviting parents to supply their children with certain items, such as pens and pencils and sports equipment, which will therefore remain the property of the pupil concerned. A parent may also wish to purchase a musical instrument for their child’s personal use, inside and outside school.

19.22. When inviting voluntary contributions, a pupil cannot be excluded from an activity because his/her parents have failed to contribute towards the cost (paragraph 35 refers).

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Breakages and fines

19.23. Although this is not covered by legislation, schools are not prevented from asking parents to pay for items lost, damaged or destroyed as the result of a pupil’s behaviour. Parents should be made aware of the school’s policy on such matters.

Group A voluntary grammar schools
(in other words schools eligible for grant-aid on capital development schemes approved by DE)

19.24. The Board of Governors of a voluntary grammar school which is eligible for 85 percent capital grants on an approved capital development scheme, may make a charge in respect of any registered post primary pupil to meet the 15 percent balance of expenditure incurred or to be incurred in relation to

  • the provision or alteration to school premises; and
  • the provision of equipment provided in connection with the provision or alteration of school premises.

other than premises used wholly or mainly for boarding purposes. The amount of the charge may not exceed £140.

19.25. The Board of Governors of a voluntary grammar school which is eligible for 100 percent capital grants on an approved capital development scheme, may make a charge in respect of a registered post primary pupil only to meet any outstanding deficit on a completed capital development scheme, which was 85 percent grant-aided by DE. The amount of this charge is set by DE.

19.26. The school's policy on charges and remissions should detail the circumstances in which this capital fee may be remitted in whole or in part. DE Circular 2008/19 PDF 64 KB offers guidance on this point.

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Group B voluntary grammar schools
(in other words schools not eligible for grant aid on capital development schemes)

19.27. The Boards of Governors of these two schools are entitled, subject to regulations to make a charge in respect of any registered post primary pupil - other than an excepted pupil - for the purpose of meeting expenditure required to carry on the secondary department of the school, other than expenditure which is grant-aided. In accordance with the Grammar Schools (Charges) Regulations (NI) 1992, the amount of any such charge must not be more than the amount of any corresponding charge made in respect of an excepted pupil. A charge cannot be made in respect of the entry of a registered post primary pupil - other than an excepted pupil - for a public examination in any syllabus for that examination for which the pupil is being prepared by the school.

Excepted pupils in grammar schools

19.28. An 'excepted pupil' in a grammar school is

i    any pupil not resident in the North of Ireland;

Any pupil who is a boarder in a grammar school boarding department meets the residency requirement and should not be classified as an excepted pupil solely because his/her parental home is outside NI. However, a boarder may be classified as an excepted pupil if he/she is in the preparatory department of the school.

ii    any pupil whose parents are not resident nor EC nationals;

These may be day pupils resident with friends or relatives or boarders at the school.

iii    pupils in grammar school preparatory departments.

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Charges for excepted pupils

19.29. The Board of Governors of a grammar school in which an excepted pupil is registered may, subject to regulations, make charges of such amounts as it may determine in respect of that pupil. In accordance with the Grammar Schools (Charges) Regulations (NI) 1992, the charges for excepted pupils in grammar schools - other than in the Group B schools - must not include expenditure incurred or to be incurred in respect of

  • the provision or alteration to school premises;
  • in the case of a voluntary school, the provision of equipment provided in connection with the provision or alteration of school premises;
  • in the case of a controlled school, the provision of equipment which is an excepted item of expenditure under the LMS formula funding arrangements.

19.30. With regard to the charges which may be levied in respect of the excepted pupils in a preparatory department, the arrangements are that, the tuition fee will be such, that together with grants provided through DE, will enable the department to be self financing.

Charges for board and lodging at boarding schools

19.31. The Board of Governors is responsible for levying a charge on the parent of a registered pupil who is provided with board and lodging at its expense.

19.32. Where an education and library board is satisfied that suitable education cannot be provided for a pupil resident in its area, otherwise than by the provision of board and lodging at a particular school, it will remit any charges payable by the parent to it or it will pay the charges to the Board of Governors. Where an education and library board is satisfied that payment of the full charges would cause financial hardship to the parent of a pupil ordinarily resident in its area, it will remit part or the whole of any charges payable to it or it will pay part or the whole of the charges to the Board of Governors, in order to avoid such hardship.

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Charges for educational facilities and services

19.33. The Board of Governors of a grant-aided school may make available its educational facilities or services to any other school, institution, body or person and subject to regulations, may make charges for its facilities or services. Educational facilities means the equipment, premises and other property of the school and educational services includes services provided by teachers. At the present time such charges are not regulated.

Public examination entries

19.34. The Board of Governors of a grant-aided school has a statutory duty to secure that, every registered pupil at the school is entered for each public examination and each syllabus for that examination for which the pupil is being prepared at the school. This does not require the pupil to be entered for a public examination in any syllabus, if the school has entered the pupil for another public examination in a corresponding syllabus. In such circumstances, the syllabus for one public examination is regarded as corresponding to the syllabus for another such examination, if the same course of study is provided at the school for both syllabuses. This duty does not apply where the Board of Governors considers that there are educational reasons for not entering that particular pupil for that examination or that syllabus in that examination and the parent of the pupil agrees or makes a written request to this effect.

Voluntary contributions

19.35. There is no prohibition on any request by or on behalf of a school Board of Governors for voluntary contributions for the benefit of the school or in support of activities organised by the school whether inside or outside school hours. However, the law requires that any such request must make it clear that

  • there is no obligation to make any contribution;
  • registered pupils at the school will not be treated differently according to whether or not their parents have made any contribution.

Schools should be mindful of the spirit as well as the letter of the law and should ensure that

  • the voluntary nature of contributions is highlighted in all correspondence that requests them; and
  • the design of stationery used for billing or invoicing, clearly distinguishes between any compulsory charges being levied and any voluntary component.

Children and young people and their parents should not be asked why they have not paid voluntary contributions.

Schools in hospitals

19.36. Nothing in this chapter applies in relation to a school established in a hospital; but the law prohibits any charge being made in respect of admission to, or education or equipment provided to a pupil at, any such school.

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The law

Primary legislation

Education Act 1947 – Section 104
(Grants in aid of educational services, in other words in grammar school preparatory departments)

Education and Libraries (NI) Order 1993 – Article 48
(Capital charges in voluntary grammar schools)
Note: This amends Article 132 of the Education Reform (NI) Order 1989

Education (NI) Order 1998 - Article 72
(Charges for educational facilities and services)

Education Reform (NI) Order 1989 - Article 131
(Charges and remissions policies)

Education Reform (NI) Order 1989 - Article 133-134
(Charges in voluntary grammar schools)
Note: Article 132 is amended by the 1993 Order

Education Reform (NI) Order 1989 - Article 135
(Charges for board and lodging at boarding schools)

Education Reform (NI) Order 1989 - Article 136
(Obligation to enter pupils or approved examinations)

Education Reform (NI) Order 1989 - Article 137
(General and supplementary provisions)

Subordinate Legislation

Grammar School (Charges) Regulations (NI) 1992 SR No. 171

Grammar School (Charges) (Amendment) Regulations (NI) 2008 SR No. 376

Guidance

DE Circular 1991/21 Education Reform (NI) Order 1989 – Charges in Grant-aided schools
http://www.deni.gov.uk/circular_1991-21_1989_ero_-_charges_in_grant-aided_schools_wef_1-4-93.pdf PDF 816 KB

DE Circular 1999/06 Obligation to enter pupils for public examinations
www.deni.gov.uk/1999-06.pdf PDF 9 KB

DE Circular 2008/19 Grammar Schools (Charges)(Amendment) Regulations (NI) 2008 - Statutory Rule 2008 No. 376
www.deni.gov.uk/circular_number_2008-19__signed_english_version_.pdf PDF 64 KB

Ministry of Education Circular Letter S. 1950/22
(Voluntary grammar schools funding – preparatory departments)

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OPSI
(Office of Public Sector Information)