Education Bill

AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

Clause 1

LORD TRUE

BARONESS MORRIS OF BOLTON

 

Page 1, line 13, after “area” insert “whose parents or guardians wish it and”

 

Page 2, line 6, at end insert—

“( ) Provisions under subsection (2)(b) above may not impose a limit on the total fee charged to any parent by any voluntary or private provider of nursery education as a condition of the parent or guardian of any child in the setting benefiting from the free entitlement for the period specified, or enable a local authority to impose such a limit as a condition of receipt of the nursery education grant.”

 

Page 2, line 9, at end insert—

“( ) In framing such guidance the Secretary of State must have regard to the sustainability and economic viability of a diverse nursery education sector in each part of the country, including specifically the support of private and voluntary providers and different approaches to nursery education.”

 

Page 2, line 9, at end insert—

“( ) Regulations under subsection (1) may not include price controls on any setting or forbid additional fees to be charged by a setting to parents in receipt of the free entitlement who are willing to pay such fees.”

After Clause 1

LORD TRUE

BARONESS MORRIS OF BOLTON

 

Insert the following new Clause—

“Early Years Schools Workforce: Montessori Schools

The Secretary of State may issue directions to the Child Workforce Development Council in relation to the training and qualifications of teachers of under 5s in Montessori accredited nursery schools, and shall in particular ensure that recognition continues to be given to Montessori qualifications and Montessori training courses, where these are provided by practitioners qualified and experienced in that approach and use recognised Montessori accredited schools for practical training experience.”

Clause 2

BARONESS WALMSLEY

BARONESS JOLLY

 

Page 3, line 37, after “the” insert “properly trained”

 

Page 3, line 43, after “rules” insert “reasonably”

 

Page 4, leave out lines 26 to 40

 

Page 5, line 3, at end insert—

“(7B) Any member of staff carrying out a search under the powers conferred by section 550ZA must have been trained, to the reasonable satisfaction of the head teacher or governing body, in the lawful and safe exercise of a search.””

 

Page 5, line 3, at end insert—

“(7B) Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school to require a person other than a member of the security staff of the school to carry out a search under section 550ZA.

(7C) In subsection (7B) “member of the security staff”, in relation to a school, means a member of staff whose work at the school consists wholly or mainly of security-related activities.””

Clause 3

BARONESS WALMSLEY

BARONESS JOLLY

 

Page 6, line 25, after “the” insert “properly trained”

 

Page 7, line 11, at end insert—

“(7B) Any member of staff carrying out a search under the powers in section 85AA must have been trained, to the reasonable satisfaction of the principal, in the lawful and safe exercise of a search.””

Clause 4

LORD RIX

 

Page 8, line 22, at end insert—

“( ) Where a child’s SEN has association to behavioural needs, a school cannot exclude a pupil without demonstrating the attempts made to support their needs.”

LORD TOUHIG

LORD LOW OF DALSTON

 

Page 8, line 22, at end insert—

“( ) Regulations must make provision that if a pupil has been excluded from school for a fixed period on two or more occasions in a 12 month period or is at risk of permanent exclusion then a head teacher shall ensure that—

( ) there is an assessment of whether that child has unidentified learning needs;

( ) there is a review of the effectiveness of the special educational provision being made if that pupil has identified special educational needs;

( ) there is a review of the effectiveness of the reasonable adjustments being made if that pupil has disability.”

BARONESS WALMSLEY

BARONESS JOLLY

 

Page 8, leave out lines 29 to 35 and insert—

“(c) requiring the local authority to inform a prescribed person that the person may appeal to the tribunal against a decision of the responsible body not to reinstate a pupil.”

 

Page 8, leave out lines 36 to 44 and insert—

“(4) On an application by virtue of subsection (3)(c), the tribunal may—

(a) dismiss the appeal,

(b) order the responsible body to reinstate the pupil.”

LORD OUSELEY

 

Page 8, line 38, at end insert—

“(aa) direct that the pupil be reinstated.”

LORD RIX

 

Page 8, line 44, at end insert—

“(d) trigger an assessment of a child’s support needs if a child has been excluded more than once in twelve months.”

BARONESS WALMSLEY

BARONESS JOLLY

 

Page 9, leave out lines 1 to 4 and insert—

“(5) Regulations may provide for the tribunal to have supplementary powers and in particular may provide for the tribunal to make a direction about the effect on an excluded pupil of a decision under subsection (4)(b).”

 

Page 9, line 5, leave out “panel” and insert “tribunal”

 

Page 9, line 6, leave out “panel” and insert “tribunal”

 

Page 9, line 10, at end insert “, taking into account the number of pupils on the school roll”

LORD TOUHIG

LORD LOW OF DALSTON

 

Page 9, line 12, at end insert—

“( ) the ability of all parents to request an SEN expert to advise the panel on SEN issues”

 

Page 9, line 12, at end insert—

“( ) the information parents are given in relation to their right to request an SEN expert”

 

Page 9, line 12, at end insert—

“( ) the skills and qualifications that an SEN expert will be required to have”

 

Page 9, line 12, at end insert—

“( ) the ability of the SEN expert to review the needs of the child and whether the school puts the correct support in place;

( ) the duty of the school to co-operate with the work of the SEN expert”

 

Page 9, line 12, at end insert—

“( ) the ability of parents to select an SEN expert of their choice”

BARONESS WALMSLEY

BARONESS JOLLY

 

Page 9, leave out lines 14 and 15

 

Page 9, leave out lines 23 to 26

 

Page 9, line 39, at end insert—

““tribunal” means the first-tier tribunal”

Clause 7

LORD PUTTNAM

LORD QUIRK

LORD KNIGHT OF WEYMOUTH

 

Page 10, line 30, at end insert—

“( ) This section shall only come into force if its provisions have been approved, by a simple majority, in a vote of registered teachers.

( ) For such a vote to be valid, fifty per cent of registered teachers must have voted.”

Clause 9

LORD TRUE

BARONESS MORRIS OF BOLTON

 

Page 15, line 35, at end insert—

“( ) in the case of a person wishing to practise as a Montessori teacher that any induction period shall be served in a Montessori accredited school, or other school that shall be approved by a Montessori training body.”

Clause 14

LORD PUTTNAM

LORD QUIRK

LORD KNIGHT OF WEYMOUTH

 

Page 22, line 32, at end insert—

“( ) This section shall only come into force if its provisions have been approved, by a simple majority, in a vote of registered teachers.

( ) For such a vote to be valid, fifty per cent of registered teachers must have voted.”

Clause 17

LORD RIX

 

Page 25, line 23, at end insert—

“( ) The Secretary of State will monitor the teacher training provided by lead schools to ensure training includes at least twenty hours in Special Education Needs.”

Before Clause 20

BARONESS MASSEY OF DARWEN

LORD KNIGHT OF WEYMOUTH

 

Insert the following new Clause—

“Curriculum

The Secretary of State shall ensure that, in maintained schools, city colleges and academies, all pupils shall be entitled to a balanced curriculum which includes sport, the arts, information technology, education about cultural and religious diversity, and personal, social and health education.”

Before Clause 30

BARONESS MASSEY OF DARWEN

 

Insert the following new Clause—

“Entitlement to spiritual, moral, social and cultural education in inclusive assemblies

(1) Chapter 6 of SSFA 1998 (religious education and worship) is amended as follows.

(2) For section 70(1) (requirements relating to collective worship) substitute—

“(1) Each pupil in attendance at a community, foundation or voluntary school or an Academy shall on each school day take part in an assembly, which shall be directed at least in part towards furthering the spiritual, moral, social and cultural education of the pupils.”

(3) For section 70(3) substitute—

“(3) Subject to subsections (4) and (5) below, such assemblies should not include any religious worship.”

(4) After section 70(3) insert—

“(4) Subject to section 71, in the case of a voluntary aided school with a religious character, the foundation governors or governing body may make arrangements for religious worship as a part of assemblies.

(5) The religious worship referred to in subsection (4) shall be in accordance with the trust deed relating to the school or, where provision for that purpose is not made by such a deed, in accordance with the tenets and practices of the religion or religious denomination specified in relation to the school under section 69(4).

(6) Subject to subsection (7), the religious worship referred to in subsection (4) shall take place on the school premises.

(7) If the governing body of a voluntary aided school with a religious character are of the opinion that it is desirable that an act of religious worship should, on a special occasion, take place elsewhere than on the school premises, they may, after consultation with the head teacher, make such arrangements for that purpose as they think appropriate.

(8) The arrangements for the assembly and required by subsection (1) may, in respect of each school day, provide for a single assembly for all pupils or separate assemblies for pupils in different age groups or in different school groups.

(9) For the purposes of subsection (8) a “school group” is any group in which pupils are taught or take part in other school activities.”

(5) For section 71(1) (exceptions and special arrangements; provision for special schools) substitute—

“(1) If the parent of a pupil at a community, foundation or voluntary school or at an Academy requests that he may be wholly or partly excused—

(a) from receiving religious education given (in the case of a maintained school) in the school in accordance with the school’s basic curriculum or (in the case of an Academy) in accordance with arrangements made by the governing body or head teacher of the Academy,

(b) from attendance at any religious worship in (as the case may be) the school or Academy, or

(c) both from receiving such education and from such attendance the pupil shall be so excused until the request is withdrawn.”

(6) In section 71(2)(b) for “paragraph 2(6) of schedule 20” substitute “section 70(7)”

(7) For section 71(7)(a) to (b) substitute—

“(a) receives religious education and attends assemblies (and, in the case of schools with a religious character, such religious worship as is provided), or

(b) is withdrawn from receiving such education or from attendance at such religious worship as is provided in accordance with the wishes of his parent.”

(8) Schedule 20 (collective worship) to the SSFA 1998 is repealed.”

BARONESS MASSEY OF DARWEN

LORD KNIGHT OF WEYMOUTH

 

Insert the following new Clause—

“PSHE in maintained schools

(1) In section 84 of EA 2002 (curriculum requirement for first, second and third key stages), in subsection (3), at end insert “, and

(i) personal, social, health and economic education.”

(2) In section 85 of EA 2002 (curriculum requirements for the fourth key stage), in subsection (4), at the end insert “, and

(d) personal, social, health and economic education.”

(3) In section 74(1) of EIA 2006 (curriculum requirements for the fourth key stage) in subsection (4) of the new section 85 to EA 2002, at end insert “, and

(d) personal, social, health and economic education.”

(4) Before section 86 of EA 2002 (power to alter or remove requirements for fourth key stage) insert—

“85B Personal, social, health and economic education

(1) For the purposes of this Part, personal, social, health and economic education (“PSHE”) shall comprise—

(a) education about alcohol, tobacco and other drugs,

(b) education about emotional health and well-being,

(c) sex and relationships education,

(d) education about nutrition and physical activity,

(e) education about personal finance,

(f) education about individual safety, and

(g) careers, business and economic education.

(2) The Secretary of State may by order amend subsection (1).

(3) The National Curriculum for England is not required to specify attainment targets or assessment arrangements for PSHE (and section 84(1) has effect accordingly).

(4) It is the duty of the governing body and head teacher of any school in which PSHE is provided in pursuance of this Part to secure that the principles set out in subsections (5) to (7) are complied with.

(5) The first principle is that information presented in the course of providing PSHE should be accurate and balanced.

(6) The second principle is that PSHE should be taught in a way that—

(a) is appropriate to the ages of the pupils concerned and to their religious and cultural backgrounds, and

(b) reflects a reasonable range of religious, cultural and other perspectives.

(7) The third principle is that PSHE should be taught in a way that—

(a) endeavours to promote equality,

(b) encourages acceptance of diversity, and

(c) emphasises the importance of both rights and responsibilities.””

Clause 30

LORD RIX

 

Page 32, line 17, at end insert—

“(5) Where a child has a Special Educational Need, a school must demonstrate co-operation with other agencies to ensure the child’s needs are supported holistically.”

Clause 34

BARONESS MASSEY OF DARWEN

 

Page 33, line 33, at end insert—

“( ) Schedule 11 of the Equality Act 2010 is amended as follows.

( ) In paragraph 5, omit sub-paragraphs (a) to (e).”

LORD RIX

 

Page 33, line 33, at end insert—

“(d) the Secretary of State has the power to inspect a schools admissions code to ensure that it complies with their duties under the Equality Act.

( ) Each school must produce and publicise a complaints procedure detailing parental rights to appeal against an admissions decision.”

Schedule 11

BARONESS MASSEY OF DARWEN

 

Page 85, line 10, leave out “an Academy” and insert “a school”

 

Page 85, line 16, leave out “an Academy” and insert “a school”

 

Page 85, line 21, leave out “Academy” and insert “school”

 

Page 85, line 22, at end insert—

“(5) A local authority may make proposals of its own for the establishment of a school to be considered alongside other proposals.

(6) Proposals submitted to the local authority shall be considered by an adjudicator who, having regard to such matters as may be prescribed, will decide which ones can proceed.”

 

Page 89, line 34, at end insert—

“12 In section 9 of AA 2010 (impact: additional schools) insert—

“(5) If the proposal for the additional school is not one which was put forward as a proposal for the purposes of section 6A(1) of EAI 2006, the Secretary of State will direct the local authority for the area in question to invite proposals pursuant to that section.””

Clause 40

BARONESS JOLLY

BARONESS WALMSLEY

 

Page 36, line 25, after “achievement” insert “and wellbeing”

BARONESS COUSSINS

LORD QUIRK

 

Page 36, line 30, after “social” insert “, linguistic”

LORD OUSELEY

 

Page 36, line 33, leave out from “school” to end of line 37 and insert “including as appropriate the needs of—

(i) pupils in respect of whom the school receives the pupil premium

(ii) pupils who have special educational needs

(iii) pupils who have protected characteristics for the purposes of the Equality Act 2010, particularly pupils who have a disability for the purposes of the Equality Act 2010.”

BARONESS BENJAMIN

BARONESS WALMSLEY

 

Page 36, line 37, at end insert—

“(iii) pupils in respect of whom the school receives the pupil premium,

(iv) pupils who have protected characteristics for the purposes of the Equality Act 2010.”

After Clause 50

LORD AVEBURY

 

Insert the following new Clause—

“Promotion of well-being of vulnerable children

The Secretary of State shall issue guidance on how local authorities can promote and improve the education of vulnerable children in their area.”

Clause 54

BARONESS MASSEY OF DARWEN

 

Page 44, leave out lines 24 and 25

Clause 60

BARONESS TURNER OF CAMDEN

 

Page 48, line 36, at end insert—

“( ) An academy arranged in accordance with section 1 of the Academies Act 2010 designated as having a religious character in accordance with section 69 of the School Standards and Framework Act, or”

BARONESS MASSEY OF DARWEN

 

Page 49, leave out lines 1 and 2

After Clause 62

BARONESS MASSEY OF DARWEN

 

Insert the following new Clause—

“Discrimination on grounds of religion or belief

(1) Section 1 of the Academies Act 2010 (Academy arrangements) is amended as follows.

(2) In subsection (6) insert “and—

(e) the admission arrangements for the school make no provision for selection on the basis of religion or belief.””

 

Insert the following new Clause—

“Discrimination on grounds of religion or belief (No. 2)

(1) Section 1 of the Academies Act 2010 (Academy arrangements) is amended as follows.

(2) After subsection (9) insert—

“(9A) Subsection (9B) applies if the school is a voluntary controlled school which is designated by order under section 69(3) of SSFA 1998 as a school having a particular religious character.

(9B) The Academy agreement must include terms imposed for the purpose of securing that no greater percentage of pupils are selected on the basis of religion or belief after, as compared with before, the conversion date.””

Prepared 24th June 2011