House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Notices of Amendments: 9 May 2011
1892

Education Bill, continued

Requirement to be qualified

Nic Dakin

Bill Esterson

NC14


To move the following Clause:—

‘(1)
Section 135(5) of the Education Act 2002 is amended as follows.

(2)
In this section “school” means—

(a)
a school maintained by a local education authority, or

(b)
a special school not so maintained, or

(c)
a school that is established as an academy under the provisions of the

Academies Act 2010.’.

Definition of qualified teacher in England

Nic Dakin

Bill Esterson

NC15


To move the following Clause:—

‘The person employed as a qualified teacher shall—

(a)
hold a first degree or equivalent qualification granted by a United

Kingdom institution or an equivalent degree or other qualification

granted by a foreign institution;

(b)
successfully complete a course of initial teacher training at an accredited

higher education institution in England that satisfies the requirements for

the award of post-graduate degree qualifications in the UK;

(c)
undertake any period of practical teaching experience for the purposes of

that course of initial teacher training wholly or mainly in a school, city

college, academy, independent school or other institution (except a pupil

referral unit) in England;

(d)
be assessed by the accredited institution as meeting the specified

standards; and

(e)
fall within Article 3 of EEC Council Directive 89/48 on a general system

for the recognition of higher-education diplomas awarded on completion

of professional education and training of at least three years’ duration, as

extended by the EEA Agreement and as amended by the Switzerland

Agreement.’.

Notices of Amendments: 9 May 2011
1893

Education Bill, continued

Assigned teachers

Nic Dakin

Bill Esterson

NC16


To move the following Clause:—

‘It shall be the duty of the head teacher to ensure that each class or group

timetabled for core and foundation subjects and for religious education and each

class or group in the foundation stage has a qualified teacher assigned to teach it

and who shall be responsible for the progress of the pupils in the class/group over

the course of the academic year.’.

Definition of teaching class or group

Nic Dakin

Bill Esterson

NC17


To move the following Clause:—

‘The Secretary of State shall consult with schools, teachers and other appropriate

bodies in England on regulations which make provision for the maximum size of

a teaching class or group, which shall take account of—

(a)
the need to provide for quality education;

(b)
the need to safeguard the health, safety and welfare of pupils and staff;

(c)
the specific nature of the educational activities to be undertaken;

(d)
the requirements of pupils with special or additional educational needs;

(e)
the age of the pupils in the class; and

(f)
children’s right to education as enshrined in the United Nations

Convention on the Rights of the Child.’.

Regulation of for-profit higher education institutions

Mr Gareth Thomas

NC18


To move the following Clause:—

‘To allow the Government to bring forward regulations relating to the running of

for-profit higher education institutions educating students in receipt of loans from

the Student Loan Company.’.

Notices of Amendments: 9 May 2011
1894

Education Bill, continued

Purchase by academies of places for pupils aged 14 at a private school

Mr Frank Field

NC19


To move the following Clause:—

‘(1)
An Academy may apply its funds for the purpose of purchasing a place at a

private school for a relevant pupil for the whole or part of the pupil’s remaining

school career.

(2)
For the purposes of this section, a relevant pupil—

(a)
is a pupil on the school roll of the Academy; and

(b)
is aged 14.’.

Guidance on draft Regulations on pupil registration and school attendance codes

Mr Graham Stuart

NC22


To move the following Clause:—

‘The Secretary of State shall provide guidance to local authorities for dealing with

families who have chosen to home educate their children prior to the

implementation of the Education (Pupil Registration) (England) Regulations and

the School Attendance and Absence codes.’.

To divide Ofsted into two inspectorates

Mr Graham Stuart

NC23


To move the following Clause:—

‘The Secretary of State shall take the necessary steps to divide the current

responsibilities of Ofsted into two new inspectorates: the Inspectorate for

Education and the Inspectorate for Children’s Care.’.

Places at independent schools

Mr Frank Field

NC24


To move the following Clause:—

‘(1)
For the purpose of enabling pupils who attend Academy schools in England to

benefit from education at independent schools, Academy schools may operate a

scheme whereby—

Notices of Amendments: 9 May 2011
1895

Education Bill, continued

(a)
participating schools remit fees that would otherwise be chargeable in

respect of pupils selected for school places under the scheme; and

(b)
the respective Academy school reimburses the schools for the fees that

are remitted.

(2)
In this Clause references to a participating school are references to any

independent school providing secondary education with which individual

Academy schools make an agreement (a “participation agreement”) for the

purposes of the scheme.

(3)
The fees in relation to which the schemes is to have effect shall be—

(a)
tuition and other fees the payment of which is a condition of attendance

at a participating school but excluding boarding fees and such other fees,

if any, as may be excluded by the participation agreement; and

(b)
entrance fees for public examinations paid by a participating school in

respect of candidates from the school.

(4)
A participation agreement shall be renewed annually, may apply to pupils aged

over 14 only and contain provisions with respect to the number of assisted places

to be available at the school and may contain conditions to be complied with by

the school in addition to those prescribed under subsection (6) below.

(5)

(a)
Every participation agreement shall provide that it may be terminated.

(b)
A participation agreement shall not be capable of being terminated by

either party otherwise than as aforesaid.

(c)
The proprietors of the school may terminate a participation agreement by

giving six months written notice to the respective Academy school or

such shorter notice as an Academy school may in any particular case

accept.

(d)
Subject to paragraph 4 below, the respective Academy school may

terminate a participation agreement by giving six months written notice

to the proprietors of the school.

(e)
If the Academy school—

(i)
is not satisfied that appropriate educational standards are being

maintained at the school; or

(ii)
is satisfied that any condition applying to the school under the

agreement has been contravened,


the Academy school may at any time terminate the agreement by written

notice to the proprietors of the school

(f)
A notice of termination given under this paragraph may provide that it

shall be treated as of no effect if the proprietors of the school satisfy the

Secretary of State within such time as may be specified in the notice that

they have complied with any condition specified therein.

(g)
Any notice of termination given under paragraph 3 or 4 above shall

contain a statement of the reason for which it is given.

(h)
The termination of a participation agreement shall not affect the

operation of the agreement or of the scheme referred to in Clause X

(including any regulations made under that section) in relation to any

pupil holding an assisted place at the school on the date of the

termination.

(6)
The Secretary of State shall by regulations prescribe—

(a)
the requirements as to the residence or otherwise which are to be the

conditions of eligibility for selection for a place at a participating school;

(b)
the conditions subject to which, the extent to which, and the

arrangements in accordance with which, fees are to be remitted by

participating schools;

Notices of Amendments: 9 May 2011
1896

Education Bill, continued

(c)
the time and manner in which participating schools are to claim and

receive reimbursements from Academy schools;

(d)
conditions to be complied with by participating schools with repect to the

selection of pupils for assisted places, the admission of pupils, the fees to

be charged, the keeping and auditing of accounts and the furnishing of

information to Academy schools; and

(e)
such other matters as appear to him to be a requisite.

(7)
Regulations under subsection (6) above may authorise the Secretary of State to

make provision for any purpose specified in the regulations.

(8)
Before making regulations under subsection (6) above the Secretary of State shall

consult such bodies as appear to him to be appropriate and to be representative of

participating schools or, in the case of regulations made within twelve months of

the coming into force of this section, of schools eligible to participate in the

scheme.

(9)
Regulations made under subsection (6)(b) above shall be reviewed by the

Secretary of State in consultation with such bodies as appear to him to be

appropriate and to be representative of participating schools—

(a)
not later than two years after the date on which the first such regulations

are made; and

(b)
thereafter at intervals not exceeding two years.

(10)
Except where the context otherwise requires, references in this section to a school

include references to the proprietors of the school and persons acting with their

authority; and references in this section to an independent school are references

to an independent school that is finally registered and conducted for charitable

purposes only.’.

Secretary Michael Gove

30


Page  6,  line  15  [Clause  2],  at end insert—

‘( )
In section 569 of EA 1996, in subsection (2A) (regulations subject to affirmative

procedure), for “550ZA or 550ZC” substitute “550ZA(3)(f) or 550ZC(7)”.’.

Stella Creasy

Meg Munn

40


Page  9,  line  26  [Clause  4],  at end add ‘The Secretary of State must lay before

Parliament an annual report on the numbers of students at all schools in England and

Wales subject to these powers including—

(a)
details as to whether these pupils have identified special educational

needs or additional learning needs,

(b)
the numbers of times these powers have been exercised,

(c)
the previous and current status of their schooling provision,

(d)
whether their exclusion was referred to a review panel, and

Notices of Amendments: 9 May 2011
1897

Education Bill, continued

(e)
where known the outcome of any review panel action including any

financial adjustment of the schools budget share for a funding period

incurred by schools as a direct consequence of the exclusion.’.

Bill Esterson

Nic Dakin

20


Page  19,  line  34  [Clause  13],  leave out ‘teachers’ and insert ‘school staff’.

Bill Esterson

Nic Dakin

21


Page  20,  line  2  [Clause  13],  leave out ‘teachers’ and insert ‘school staff’.

Bill Esterson

Nic Dakin

22


Page  20,  line  4  [Clause  13],  leave out ‘teachers’ and insert ‘school staff’.

Bill Esterson

Nic Dakin

23


Page  20,  line  14  [Clause  13],  leave out ‘teacher’ and insert ‘member of the school

staff’.

Secretary Michael Gove

31


Page  20,  line  38  [Clause  13],  at end insert—

‘( )
The restrictions in subsection (3) also cease to apply if—

(a)
the Secretary of State publishes information about the person who is the

subject of the allegation in connection with an investigation or decision

under section 141B (investigation of disciplinary cases by Secretary of

State) relating to the same allegation, or

(b)
the General Teaching Council for Wales publishes information about the

person who is the subject of the allegation in connection with an

investigation, hearing or determination under Schedule 2 to the Teaching

and Higher Education Act 1998 (investigation of disciplinary cases by

the General Teaching Council for Wales) relating to the same allegation.’

Notices of Amendments: 9 May 2011
1898

Education Bill, continued

Secretary Michael Gove

32


Page  21,  line  4  [Clause  13],  at end insert ‘, or

(b)
a document published by the regulator of a profession of which the

person who is the subject of the allegation is a member in connection with

disciplinary proceedings in relation to the person.’

Bill Esterson

Nic Dakin

24


Page  21,  line  6  [Clause  13],  leave out ‘or engaged as a teacher’.

Secretary Michael Gove

33


Page  22,  line  12  [Clause  13],  at end insert—

‘( )
Schedule 4 (offence of breaching reporting restrictions: application to providers

of information society services) has effect.’

Bill Esterson

Nic Dakin

26


Page  25,  line  18  [Clause  18],  at end add—

‘(3)
The Secretary of State may not bring this section into force by an order under

section 76(3) until the end of the period of 18 months beginning on the day on

which this Act is passed.’.

Esther McVey

15


Page  27,  line  21  [Clause  26],  at end insert—

‘(7)
The Secretary of State must produce a transition plan to highlight how he will

assist schools, colleges and local authorities in transition from the current system

of careers guidance to the new all-age careers service.’.

Bill Esterson

Nic Dakin

27


Page  27,  line  22  [Clause  26],  at end add—

‘(7)
The Secretary of State must produce a transition plan to highlight how he will

assist schools, colleges and local authorities in the transition from the current

system of careers guidance to the new all-age careers service.’.



© Parliamentary copyright	Revised 10 May 2011