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Schools in the U.K

Curriculum and Charitable status

The almost exclusive teaching of grammar (Latin and to a lesser extent ancient Greek) prevailed until well into the 19th century. Most schools were legally obliged to do so by the terms of their original endowment. As a response to the perceived need to modernise such a curriculum in line with commercial needs, the Grammar School Act 1840 was passed. 
This allowed schools to make an application to a court of law (rather than Parliament) to deviate from the wishes of the original founder and teach "other branches of literature and science". The new public schools established in the early and mid-19th century were not constrained by early endowments and therefore were able from foundation to offer a wider range of taught subjects.
From the 1850s organised games became prominent in the curriculum, based on the precedent set at Rugby by Thomas Arnold, forming a keystone of character development through teamwork, sportsmanship and self-sacrifice. Hely Almond headmaster at Loretto 1862–1903, in stating 'Games in which success depends on the united efforts of many, and which also foster courage and endurance are the very lifeblood of the public school system', encapsulated the thinking of the era.
The prominence of team sports prevails to the current day and is a feature by which public schools still distinguish themselves from state maintained schools. By the latter part of the 19th century 'modern' subjects such as mathematics and science featured in many schools listings in The Public Schools Yearbook.
Within English law a charity is defined as an institution established for a charitable purpose and providing a public benefit. The "advancement of education" is a long-standing charitable purpose. The UK's oldest charity is the King's School Canterbury. 
Charitable status for schools outside of the state maintained sector confers various tax benefits. This means schools are not liable for corporation tax or capital gains tax and receive an 80% reduction in business rates (a local property tax). Donations by individuals to such schools are considered "tax free". Fee-charging schools having the status of charities are not totally tax exempt as they pay some business rates, VAT on procured goods and services and staff pay income tax on earnings. The public benefit that a charity is obliged to provide is not defined in law. 
Typically schools provide this public benefit by offering bursaries to pupils of families with limited financial means and supporting local state maintained school(s) and institutions, including allowing public access to school facilities.
As of 2020 the nine Clarendon schools had a combined asset value of almost £2bn. Eton College is the school with the largest endowment of over £500m Charitable status is politically controversial. The UK Labour Party leader Keir Starmer in 2021 pledged to remove charitable status for fee-charging schools, a policy also of Harold Wilson, stated in the 1974 Labour election manifesto. 
Removal of charitable status would enable the UK government to levy VAT on school fees, a commitment (re)made in the 1983 Labour Party election manifesto under Neil Kinnock's leadership, and revived in 2017 by Jeremy Corbyn. In support of the case for maintaining the status quo, the Independent Schools Council published in 2022 a report which stated that the independent education sector contributed in 2021 £16.5 billion to the UK economy and generated £5.1 billion of tax revenue. The 2019 UK Conservative Party election manifesto made no mention of education outside of the state maintained sector. In September 2023 the UK Labour party announced that, if elected, it planned to allow public schools to retain their charitable status (and some associated tax benefits) but did plan to charge VAT on fees and remove concessions on business rates paid to local authorities.
The 19th-century public school ethos promoted ideas of service to Crown and Empire, exemplified in tropes such as "Play up! Play up! And play the game!" from Henry Newbolt's 1892 poem Vitaï Lampada and "the Battle of Waterloo was won on the playing fields of Eton", the latter popularly attributed to the Duke of Wellington. Many ex-pupils, like those from other schools, had, and still have, a nostalgic affection for their old schools (George Orwell remembered being "interested and happy" at Eton,) and a public school tie and an "old boy network" of former pupils were useful in advancing a career. The English public school model influenced the 19th-century development of Scottish elite schools, but a tradition of the gentry sharing their primary education with their tenants kept Scotland more egalitarian.
Former Harrow pupil Stanley Baldwin wrote that when he first became Prime Minister in 1923, he wanted to have six Harrovians in his government. "To make a cabinet is like making a jig-saw puzzle fit, and I managed to make my six fit by keeping the post of Chancellor of the Exchequer for myself". 
Until the First World War, the role of public schools in preparing pupils for the gentlemanly elite meant that such education, particularly in its classical focus and social mannerisms, became a mark of the ruling class. Acceptance of social elitism was reduced by the two world wars, but despite portrayals of the products of public schools as "silly asses" and "toffs", the old system continued well into the 1960s.


  1. Victorian period

A Royal Commission, the Clarendon Commission (1861–1864), investigated nine of the more established schools, including seven boarding schools (Charterhouse, Eton, Harrow, Rugby, Shrewsbury, Westminster and Winchester) and two day schools (St Paul's and Merchant Taylors') The Public Schools Act 1868 subsequently regulated and reformed the seven boarding schools investigated by Clarendon, and in summary established and granted autonomy to new governing bodies for the seven schools and as part of that, released them from previous obligations under their founding charters to educate "boys on the Foundation" ie scholarship boys who paid nominal or no fees. 
The Act gave the seven schools independence from direct jurisdiction or responsibility of the Crown, the established church, or the government. Henceforth each of these schools was to be managed by a board of governors. St Paul's School and the Merchant Taylors' School claimed successfully that their constitutions made them "private" schools, and were excluded from the requirements of this legislation.
The Taunton Commission was appointed in 1864 to examine the remaining 782 endowed grammar schools, and in 1868 produced recommendations to restructure their endowments; these recommendations were included, in modified form, in the Endowed Schools Act 1869.
In that year Edward Thring, headmaster of Uppingham School, wrote to 37 of his fellow headmasters of what he considered the leading boys' schools, not covered by the Public Schools Act of 1868, inviting them to meet annually to address the threat posed by the Endowed Schools Act of 1869. In the first year 12 headmasters attended; the following year 34 attended, including heads from the Clarendon schools. The Headmasters' Conference (HMC), now the Headmasters' and Headmistresses' Conference, has grown steadily and by 2021 had 298 British and Irish schools as members.
Many new schools were established in the mid-part of the nineteenth century including the day schools City of London School (1837) and Liverpool College (1840). New boarding schools included Cheltenham (1841), Marlborough (1843), Rossall (1844), Radley (1847), Taunton (1847), Lancing (1848), Hurstpierpoint (1849), Bradfield (1850), Wellington (1852), Epsom (1855), Ardingly (1858), Clifton (1862), Malvern (1862), Haileybury (1862), Framlingham (1864) and Cranleigh (1865).
In 1887 the Divisional Court and the Court of Appeal determined that the City of London School was a public school.
The Public Schools Yearbook was published for the first time in 1889, listing 30 schools, mostly boarding schools. The day school exceptions were St Paul's School and Merchant Taylors' School. By 1895 there were entries for 64 schools.

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Literature

  1. https://www.brightworldguardianships.com/en/guardianship/british-education-system/

  2. "Local Authorities". local.direct.gov.uk Retrieved 29 May 2014.

  3. UK_Government (January)

  4. 2017). "National_tables:_SFR28/2017". National Statistics - Schools, pupils and their characteristics: January 2017.

  5. "Schools, pupils and their characteristics: January 2017 - GOV.UK". www.gov.uk. Retrieved 23 October 2017.

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