Session 2010 - 12
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Other Bills before Parliament


 
 

Consideration of Bill: 11 May 2011                     

1913

 

Education Bill, continued

 
 

“(3)    

The Secretary of State must make regulations in relation to the payment

 

of an Education Maintenance Allowance to any eligible applicant who is

 

over compulsory school age but aged 18 or under and who attends a full-

 

time further education course in England in a school sixth form or at a

 

Further Education college or at a sixth form college, or who is on a

 

Foundation Education programme or who is on a ‘Programme-Led

 

Apprenticeship’.

 

(4)    

Payments under subsection (3) shall be subject to the eligible recipient

 

attending every learning session in connection with an eligible education

 

course unless the recognised educational institution has authorised every

 

absence.

 

(5)    

The minimum payments under subsection (3) shall be determined by the

 

Secretary of State, to take effect on 1 September of every year.

 

(6)    

Regulations may provide for the eligibility criteria or administration of

 

the Education Maintenance Allowance.”.’.

 


 

Requirement to be qualified: Academies etc

 

Kevin Brennan

 

Mr Iain Wright

 

Andy Burnham

 

Caroline Lucas

 

NC8

 

To move the following Clause:—

 

‘(1)    

EA 2002 is amended as follows.

 

(2)    

In section 133 (Requirement to be qualified), in subsection (6) (schools to which

 

this section applies), at the end there is inserted—

 

“(c)    

an Academy,

 

(d)    

a city technology college, or

 

(e)    

a city college for the technology of the arts.”.’.

 


 

Requirement to achieve specified standard: suppliers of careers guidance

 

Kevin Brennan

 

Mr Iain Wright

 

Andy Burnham

 

Caroline Lucas

 

NC9

 

To move the following Clause:—

 

‘(1)    

EA 2002 is amended as follows.

 

(2)    

In section 29 (additional functions of governing body), after subsection (5)

 

insert—


 
 

Consideration of Bill: 11 May 2011                     

1914

 

Education Bill, continued

 
 

“(6)    

The governing body and head teacher of a maintained school shall

 

comply with any standards prescribed by the Secretary of State in

 

securing that all relevant registered pupils at the school are provided with

 

independent careers guidance under section 42A (Provision of careers

 

guidance in schools in England) of the Education Act 1997 including the

 

opportunity for pupils to meet at the premises of the school the person

 

providing independent careers guidance.”.’.

 


 

Fair access to education and training

 

Kevin Brennan

 

Mr Iain Wright

 

Andy Burnham

 

Caroline Lucas

 

NC10

 

To move the following Clause:—

 

‘(1)    

EA 1996 is amended as follows.

 

(2)    

In section 10 (General duty of the Secretary of State), at the end insert “and ensure

 

fair access to opportunity for education and training.”.’.

 


 

Enrichment activities for 16 to 18 year olds

 

Nic Dakin

 

Lisa Nandy

 

Paul Blomfield

 

Tom Blenkinsop

 

Ian Mearns

 

Stella Creasy

 

Total signatories: 15

 

Bill Esterson

 

Caroline Lucas

 

John McDonnell

 

Teresa Pearce

 

Graeme Morrice

 

John Cryer

 

Frank Dobson

 

Jeremy Corbyn

 

Alex Cunningham

 

NC11

 

To move the following Clause:—

 

‘(1)    

EA 2002 is amended as follows.

 

(2)    

After section 85A insert—

 

“85B  

Enrichment activities for 16 to 18 year olds

 

(1)    

A pupil aged 16 to 18 is also entitled to guidance, tutorials and

 

enrichment activities which may include—

 

(a)    

learning aims that lead to external qualifications or external

 

certificates of attainment not approved by the Secretary of State;

 

(b)    

careers guidance;


 
 

Consideration of Bill: 11 May 2011                     

1915

 

Education Bill, continued

 
 

(c)    

sports;

 

(d)    

music, dance and drama;

 

(e)    

industry-related programmes, including vendor-certificated

 

courses such as those offered by IT companies;

 

(f)    

health education;

 

(g)    

use of learning resource centres;

 

(h)    

activities that support learners to access a progression

 

opportunity and/or employment;

 

(i)    

counselling.

 

(2)    

The Secretary of State shall take into account the entitlements in

 

subsection (1) when determining funding for pupils aged 16 to 18.”.’.

 


 

Attainment and assessment at Key Stage 3

 

Stephen McPartland

 

NC12

 

To move the following Clause:—

 

‘(1)    

The Education Act 2002 is amended as follows.

 

(2)    

In section 87, at end insert—

 


 

“In respect of the third key stage, the Secretary of State must by order specify in

 

relation to each of the foundation subjects—

 

(a)    

such attainment targets,

 

(b)    

such programmes of study, and

 

(c)    

such assessment arrangements,

 

    

as he considers appropriate for those subjects.”’.

 


 

Schools Causing Concern and disapplication of the Transfer of Undertakings (Protection

 

of Employment) Regulations 2006

 

Mr Sam Gyimah

 

NC13

 

To move the following Clause:—

 

‘(1)    

The Academies Act 2010 shall be amended as follows.

 

(2)    

In section 4, at end insert—

 


 

“The Secretary of State may by order disapply the Transfer of Undertakings

 

(Protection of Employment) Regulations 2006 when making an academy order

 

under this section if the school is eligible for intervention (within the meaning of

 

Part 4 of the Education and Inspections Act 2006).”’.

 



 
 

Consideration of Bill: 11 May 2011                     

1916

 

Education Bill, continued

 
 

Requirement to be qualified

 

Nic Dakin

 

Bill Esterson

 

Caroline Lucas

 

John McDonnell

 

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

 

Caroline Lucas

 

John McDonnell

 

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.’.

 



 
 

Consideration of Bill: 11 May 2011                     

1917

 

Education Bill, continued

 
 

Assigned teachers

 

Nic Dakin

 

Bill Esterson

 

John McDonnell

 

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

 

John McDonnell

 

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.’.

 



 
 

Consideration of Bill: 11 May 2011                     

1918

 

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—


 
 

Consideration of Bill: 11 May 2011                     

1919

 

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;


 
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Revised 11 May 2011