Education Bill

AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

After Clause 13

LORD LUCAS

 

Insert the following new Clause—

“Physical contact between pupils and school staff

(1) The governing body of a school may adapt and promulgate rules relating to physical contact between pupils and school staff.

(2) Such rules may permit physical contact between pupils and staff in defined circumstances, including in particular contact required for teaching physical skills, and for providing first aid and comfort to pupils, and avoiding harm to people or equipment.

(3) Such rules may permit physical contact between pupils and staff when no other adult is present, and between a pupil and a member of staff of different genders.

(4) If a complaint concerning physical contact between a pupil and a member of staff is made to the head teacher of a school, and the head teacher considers that on the balance of probabilities the member of staff acted within school rules, the head teacher need take no action to suspend or otherwise restrict the member of staff concerned while investigation of the complaint is in progress.”

After Clause 19

LORD LUCAS

 

Insert the following new Clause—

“Teacher performance

(1) If the head teacher of a school considers that the teaching performance of any teacher is poor, the head teacher shall—

(a) give written notice of that conclusion to the teacher,

(b) not permit that teacher to teach without such support as is required for the experience of pupils to be at least satisfactory,

(c) provide a programme of support and continuing professional development designed to improve that teacher’s performance.

(2) If after six months the head teacher considers that the teachers’ teaching performance is still poor, the head teacher must support the teacher in finding a post more suited to the teacher’s abilities.

(3) If after a further six months the teacher remains in his original post, and his teaching (in the opinion of the head teacher) remains poor, the teacher may be given a full term’s notice of dismissal on the grounds of poor teaching.

(4) Any teacher subject to such proceedings may appeal at any time to a committee of the governing body against any relevant decision or proposal of the head teacher.”

After Clause 22

LORD LUCAS

 

Insert the following new Clause—

“Duty to assign point scores

(1) Ofqual shall, on request, assign a point score to each grade of a qualification that is taken at any independent school as part of their Key Stage 4 curriculum.

(2) The point scores so assigned shall bear an appropriate relationship to the scores assigned to GCSE qualifications.

(3) Ofqual may make an appropriate charge for this service.

(4) All qualifications to which such point scores have been assigned shall be recorded, in an appropriate fashion, in school performance tables.”

After Clause 29

LORD LUCAS

 

Insert the following new Clause—

“Marks to be published at Key Stages 4 and 5

Where a student is awarded a grade in an examination at Key Stage 4 or Key Stage 5, and that grade is based on an underlying mark, that mark shall be disclosed to the student, and this information shall also be made available in or with any data set that include the grades awarded in such examinations.”

LORD AVEBURY

 

Insert the following new Clause—

“Collective worship

(1) Section 70 of SSFA 1998 (requirements relating to collective worship) is amended as follows.

(2) For subsection (1) substitute—

“(1) Subject to section 71—

(a) each pupil in attendance at a foundation or voluntary school of a religious character shall on each school day attend an act of collective worship;

(b) community, foundation or voluntary schools which are not of a religious character and academies that are not religiously designated may hold acts of collective worship at the discretion of the governors.

(1A) Governors should be under an obligation to consider representations made to them by pupils and the parents of pupils as to whether or not schools or academies hold acts of collective worship under subsection (1)(b).

(3) In subsection (2) for “community, foundation or voluntary school” substitute “foundation or voluntary school of a religious character”.

(4) In subsection (3) for “required” substitute “permitted”.

(5) Schedule 20 to SSFA 1998 (collective worship) is amended as follows.

(6) In paragraphs (1) to (4) for “required” substitute “permitted”.”

 

Insert the following new Clause—

“Collective worship (No. 2)

(1) Section 71 of SSFA 1998 (which, in relation to religious education and attendance at religious worship, makes provision for exceptions and special arrangements, and for special schools) is amended as follows.

(2) Omit subsections (1A) and (1B).

(3) In subsection (3) leave out the words “or (1A)” and “or from attendance at religious worship”.

(4) After subsection (8) insert—

“(8A) Attendance by pupils of acts of collective worship shall be voluntary, but this does not extend to attendance at any non-religious part of assemblies.””

 

Insert the following new Clause—

“Collective worship (No. 3)

(1) Section 71 of SSFA 1998 (which, in relation to religious education and attendance at religious worship, makes provision for exceptions and special arrangements, and for special schools) is amended as follows.

(2) In subsections (1A), (1B), (5), (5A) and (7) for “sixth-form pupil” substitute “competent pupil”.

(3) In subsection (8) leave out from “section” to end and insert “a “competent pupil” is any pupil who is over 15 years of age except one who, in the opinion of the headteacher, lacks sufficient maturity and intelligence to decide for themselves to withdraw from collective worship”.

(4) After subsection (8) insert—

“(9) withdrawal from of acts of collective worship does not extend to attendance at any non-religious part of assemblies.””

 

Insert the following new Clause—

“School travel schemes — discrimination

(1) Schedule 35B to EA 1996 (school travel schemes) is amended as follows.

(2) Leave out Paragraph 12.

(3) Insert after Paragraph 14.

(4) “15. Schools are not permitted to discriminate on grounds of religion or belief in the provision of transport for pupils.””

BARONESS FINLAY OF LLANDAFF

 

Insert the following new Clause—

“Emergency life support skills

Emergency life support skills and the national curriculum for England

(1) Section 84 of EA 2002 (curriculum requirements for first, second and third key stages) is amended as follows.

(2) In subsection (3)(h)—

(a) in paragraph (i), omit “and”

(b) after paragraph (ii) insert “, and

(iii) emergency life support skills”.

(3) In subsection (4), at the end insert “, and

““emergency life support skills” means skills which enable the individual who has them to assist in keeping another individual alive in an emergency.”.”

Clause 34

LORD AVEBURY

 

Page 33, line 25, leave out subsection (3)

After Clause 35

LORD LUCAS

 

Insert the following new Clause—

“Music licensing

(1) Section 173 of the Licensing Act 2003 (activities in certain locations not licensable) is amended as follows.

(2) After subsection (1)(g) insert—

“(ga) on the premises of a school, college or university”.”

BARONESS FLATHER

 

Insert the following new Clause—

“Duty to promote community cohesion

It shall be a duty on all schools in England and Wales to promote community cohesion.”

Clause 37

LORD LUCAS

 

Page 34, line 22, at end insert—

“( ) in the case of a primary school, a person nominated by the parishes (if any) from which the school draws significant numbers of pupils”

Clause 39

LORD LUCAS

LORD HUNT OF KINGS HEATH

 

The above-named Lords give notice of their intention to oppose the Question that Clause 39 stand part of the Bill.

Clause 40

BARONESS FLATHER

 

Page 36, line 28, at end insert—

“( ) the contribution made by the school to community cohesion.”

Clause 60

BARONESS TURNER OF CAMDEN

 

Page 48, line 28, at end insert—

“( ) In section 59(1) of SSFA 1998 (religious opinions etc. of staff), after paragraph (b) insert—

“(c) an Academy that is not religiously designated”.”

 

Page 48, line 28, at end insert—

“( ) In section 60 of SSFA 1998 (staff at foundation or voluntary school with religious character), omit subsection (5).”

 

Page 49, line 4, leave out “must” and insert “may”

 

Page 49, leave out lines 22 to 32

 

Page 49, line 38, at end insert—

“( ) Decisions in regard to engagement or termination under this section must be taken in accordance with the requirements of United Kingdom employment laws.”

After Clause 60

LORD LUCAS

 

Insert the following new Clause—

“Admissions criteria based on religious characteristics

(1) No Academy may select more than 50% of its pupils on criteria based on religious characteristics.

(2) Notwithstanding subsection (1), an Academy with a religious character may require all pupils admitted to the school to take a full part in the school’s religious life.”

After Clause 62

LORD LUCAS

 

Insert the following new Clause—

“Flexi and Cyber schools

(1) An Academy may admit pupils on the basis that they will receive all or part of their education otherwise than on the premises of the school.

(2) If an Academy admits such pupils, it may arrange for all or part of their education to be provided through distance learning packages without any teacher present, or by the pupil’s parents or other volunteers similarly.

(3) The Academy remains in all respects responsible for the educational outcomes of such pupils.”

After Clause 68

LORD LUCAS

 

Insert the following new Clause—

“Apprenticeship paperwork

(1) No requirement to complete forms or other returns in respect of an apprenticeship may be placed on an employer or an educational institution which involves taking more than one hour in total.

(2) This section shall come into force at the end of one year beginning with the day on which this Act is passed.”

After Clause 73

LORD LUCAS

 

Insert the following new Clause—

“Disclaimer of eligibility for student support

(1) Any student over the age of 18 years (or if under that age, with the consent of the student’s parents or guardian) may disclaim the right to such financial support or arrangements as may from time to time be offered by or on behalf of the Secretary of State to such students.

(2) Such a student may then apply to be admitted to a university as if he were a candidate from outside the European Union, and shall for all purposes be considered to be such a candidate.

(3) A student who has made such a disclaimer may withdraw it at any time, but not in respect of any cause to which he has been admitted as if he were from outside the European Union.”

Prepared 17th June 2011