Appendix: Sensitive and controversial issues: the legal framework
[pages 21 - 22]
The following legislation is of direct relevance to the teaching of sensitive and controversial issues in schools:
Education (No 2) Act 1986
Political indoctrination
Section 44
(1) The local education authority by whom any county, voluntary or special school is maintained, and the governing body and head teacher of the school shall forbid
(a) the pursuit of partisan political activities by any of those registered pupils at the school who are junior pupils; and
(b) the promotion of partisan political views in the teaching of any subject in the school.
(2) In the case of activities which take place otherwise than on the premises of the school concerned, subsection (1)(a) above applies only where arrangements for junior pupils to take part in the activities are made by any member of the staff of the school (in his capacity as such) or by anyone acting on his, or the school's behalf.
Duty to secure balanced treatment of political issues
Section 45
The local education authority by whom any county, voluntary or special school is maintained, and the governing body and head teacher of the school, shall take such steps as are reasonably practicable to secure that where political issues are brought to the attention of pupils while they are
(a) at the school; or
(b) taking part in extra-curricular activities which are provided or organised for registered pupils at the school by or on behalf of the school;
they are offered a balanced presentation of opposing views.
Sex education
Section 46
The local education authority by whom any county, voluntary or special school is maintained, and the governing body and head teacher of the school, shall take such steps as are reasonably practicable to secure that where sex education is given to any registered pupils at the school it is given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life.
Regarding sex education in particular, control over content and organisation rests with school governing bodies. They are responsible, subject to certain limitations where public examinations are concerned, for deciding whether or not sex education is to be provided at their school, and, if so, what its content and organisation should be (section 18(2),(6) of the Education (no 2) Act 1986).
The DES/Welsh Office Circular Sex Education at School (DES Circular 11/87, Welsh Office Circular 45/87) states (para 19): 'Schools should foster a recognition that both sexes should behave responsibly in sexual matters. Pupils should be helped to appreciate the benefits of stable married and family life and the responsibilities of parenthood.' It also says (para 21):
Schools cannot, in general, avoid tackling controversial sexual matters, such as contraception and abortion, by reason of their sensitivity. Pupils may well ask questions about them and schools should be prepared to offer balanced and factual information and to acknowledge the major ethical issues involved. Where schools are founded on specific religious principles this will have a direct bearing on the manner in which such subjects are presented.
Further reading
[page 23]
A survey of personal and social education courses in some secondary schools: a report by HM Inspectors. DES, 1988.
Developments in records of achievement 1986-1988: a report by HM Inspectors. DES, 1988.
Education Observed 5: Good behaviour and discipline in schools: a report by HM Inspectors. DES, 1988.
Your choice for life: AIDS Education for 14-16 year olds: a users' guide (to the video resource pack), Annex B 'Legal aspects of sexual behaviour and the young'. DES/Welsh Office, 1987.
Footnote
(1) Those objectives concerned with environmental education, health education and careers education are considered in more detail in the relevant publications in the HMI series Curriculum Matters (nos 6, 10 and 13).

