Education Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 23rd June 2011, as follows—

Clauses 1 to 4
Schedule 1
Clauses 5 to 11
Schedule 2
Clause 12
Schedule 3
Clause 13
Schedule 4
Clauses 14 to 16
Schedule 5
Clause 17
Schedule 6
Clauses 18 to 21
Schedule 7
Clauses 22 to 24
Schedule 8
Clause 25
Schedule 9
Clauses 26 to 34
Schedule 10
Clauses 35 and 36
Schedule 11
Clauses 37 to 48
Schedule 12
Clauses 49 to 53
Schedule 13
Clauses 54 to 61
Schedule 14
Clauses 62 and 63
Schedule 15
Clauses 64 and 65
Schedule 16
Clause 66
Schedule 17
Clause 67
Schedule 18
Clauses 68 to 79

[Amendments marked * are new or have been altered]

Before Clause 1

LORD NORTHBOURNE

1*

Insert the following new Clause—

“Foundation stage

(1) The period in the life of a child between birth and compulsory school age shall be designated as the foundation years for that child.

(2) During a child’s foundation years, the English local authority area of the area in which the child lives is responsible for working with that child’s parents or carers and with relevant services to promote the child’s healthy, physical, social, emotional and cognitive readiness to enter school on reaching school age.”

Clause 1

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

2

Page 1, line 5, at end insert—

“( ) In ensuring free of charge early years provision, the local authority has a duty to maximise take-up by groups defined in regulations as disadvantaged.”

LORD TRUE

BARONESS MORRIS OF BOLTON

3

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

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

4

Page 2, line 6, at end insert—

“( ) Regulations under subsections (1) and (2) may not, following their first use, specify a reduction in the early years provision that a local authority must secure free of charge.”

5

Page 2, line 6, at end insert—

“(2A) Regulations under subsection (1) must provide for early years education to be free of charge to all children at the start of the term beginning on or following the date set out in subsection (2B).

(2B) The relevant dates for the purposes of subsection (2A) are—

(a) in the case of a child who was born in the period 1st January to 31st March, 1st April following the child’s third birthday;

(b) in the case of a child who was born in the period 1st April to 31st August, 1st September following the child’s third birthday; and

(c) in the case of a child who was born in the period 1st September to 31st December, 1st January following the child’s third birthday.”

LORD TRUE

BARONESS MORRIS OF BOLTON

6

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.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

7

Page 2, line 9, at end insert—

“( ) Arrangements secured by a local authority under this section must be done with a view to securing high standards and flexible organisation of early childhood services.”

LORD TRUE

BARONESS MORRIS OF BOLTON

8

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.”

9

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

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

THE EARL OF LISTOWEL

10

Insert the following new Clause—

“Sure Start: funding and qualifications

(1) Part 1 of the Childcare Act 2006 (functions of local authorities in England in relation to childcare) is amended as set out in subsections (2) and (3).

(2) In section 5A (arrangements for provision of children’s services) omit the words “, so far as is reasonably practicable,”.

(3) In section 5B (children’s centres: staffing, organisation and operation), at the end insert—

“(3) Regulations must specify the minimum qualifications of staff working at the children’s centre.””

LORD TRUE

BARONESS MORRIS OF BOLTON

THE EARL OF LISTOWEL

11

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 children under 5 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

12

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

13

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

LORD ELTON

14*

Page 3, line 43, after “rules” insert “as defined in regulations made by the Secretary of State”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

15

Page 4, line 23, at end insert—

“( ) in subsection (1)(b), at the end insert “and has been trained—

(i) in the need to maintain the pupil’s dignity and right to privacy in carrying out the search, and

(ii) on additional requirements for searching pupils with special educational needs and disabilities;””

BARONESS WALMSLEY

BARONESS JOLLY

16

Page 4, leave out lines 26 to 40

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

17*

Page 4, line 26, from beginning to end of line 3 on page 5

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

18

Page 5, line 3, at end insert—

“(7B) Notwithstanding any provision of this section, the search must be carried out by a member of the senior management team who has received appropriate training, including training relating to searching pupils with special educational needs and disabilities, only where—

(a) there is justification, and

(b) reasonable force is used.”

BARONESS WALMSLEY

BARONESS JOLLY

19

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.””

20

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.””

21

Page 5, line 31, leave out from “person” to end of line 32 and insert “has reasonable grounds to suspect that the device has been, or is likely to be, used for purposes which are unlawful or contrary to the school rules”

22

Page 5, line 36, leave out from “person” to end and insert “has reasonable grounds to suspect that the data or files have been, or are likely to be, used for purposes which are unlawful or contrary to the school rules”

23

Page 5, line 37, leave out “good reason” and insert “power to examine or erase any data or files on an electronic device”

BARONESS WALMSLEY

24

Page 5, line 40, at end insert—

“(6H) Guidance under subsections (6C) and (6G) must include guidance on the need to respect the private life of the pupil and the pupil’s family, and on the circumstances in which it is appropriate to involve the parents of the pupil.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

25

Page 6, line 19, at end insert—

“( ) The Secretary of State, in respect of a school in England, must give guidance which the head teacher must consider prior to the head teacher determining rules under this section about the items for which a search may be made and those for which a search will not be made.””

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

26

Page 6, line 19, at end insert—

“( ) All schools must keep a written record of all instances in which a pupil is searched.

( ) The report should include, amongst other information, details on—

(a) the SEN status of the child;

(b) the child’s ethnicity; and

(c) any disabilities the child may have.””

Clause 3

BARONESS WALMSLEY

BARONESS JOLLY

27

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

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS WALMSLEY

BARONESS JOLLY

28

Page 6, line 30, leave out subsection (3)

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

29

Page 6, line 30, at end insert—

“( ) in subsection (1)(b), at the end insert “and has been trained—

(i) in the need to maintain the pupil’s dignity and right to privacy in carrying out the search, and

(ii) on additional requirements for searching pupils with special educational needs and disabilities;””

30

Page 7, line 11, at end insert—

“( ) Notwithstanding any provision of this section, the search must be carried out by a member of the senior management team, who has received appropriate training, including training relating to searching pupils with special educational needs and disabilities, only where—

(a) there is justification, and

(b) reasonable force is used.””

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

31

Page 7, line 11, at end insert—

“( ) All further education institutions must keep a written record of all instances in which a student is searched.

( ) The report should include, amongst other information, details on—

(a) the SEN status of the student;

(b) the student’s ethnicity; and

(c) any disabilities the student may have.””

BARONESS WALMSLEY

BARONESS JOLLY

32

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 LAMING

33

Page 8, line 18, at end insert—

“( ) The measures relating to the exclusion of pupils in England in this section are to be exercised in accordance with the duty in section (Co-operation with local authorities to promote well-being) of the Education Act 2011.”

LORD RIX

34

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

35

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—

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

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

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

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

36

Page 8, line 28, at end insert—

“( ) requiring the responsible body to consider a report about the pupil from the special educational needs co-ordinator when considering whether a pupil should be excluded;”

BARONESS WALMSLEY

37*

Page 8, line 29, leave out from beginning to end of line 12 on page 9

BARONESS WALMSLEY

BARONESS JOLLY

38

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.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

39

Page 8, line 35, at end insert—

“( ) requiring the review panel to consider a report about the pupil from the special educational needs expert before making any decisions under subsections (4) to (7).”

BARONESS WALMSLEY

BARONESS JOLLY

40

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

“(4) On an application under subsection (3)(c), the tribunal may—

(a) dismiss the appeal,

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

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

LORD OUSELEY

41

Page 8, line 37, at end insert—

“( ) direct that the pupil be reinstated,”

LORD RIX

42

Page 8, line 44, at end insert “, or

(d) trigger an assessment of the child’s support needs if the child has been excluded more than once in 12 months.”

BARONESS WALMSLEY

43

Page 8, line 44, at end insert—

“( ) It shall be the duty of all persons and bodies exercising functions under this section to make provision to ensure that pupils subject to the exclusion process under this section—

(a) have an opportunity to make representations in relation to their exclusion or proposed exclusion,

(b) have an opportunity to appeal against their exclusion, and

(c) receive all information that may be relevant to such representations in language capable of being readily understood by the pupil.”

BARONESS WALMSLEY

BARONESS JOLLY

44

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).”

45

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

46

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

47

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

LORD TOUHIG

LORD LOW OF DALSTON

48

Page 9, line 12, at end insert—

“( ) the ability of all parents to request a special educational needs expert to advise the panel on SEN issues”

49

Page 9, line 12, at end insert—

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

50

Page 9, line 12, at end insert—

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

51

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”

52

Page 9, line 12, at end insert—

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

BARONESS WALMSLEY

BARONESS JOLLY

53

Page 9, leave out lines 14 and 15

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

54

Page 9, line 22, at end insert—

“( ) requiring a school to retain an excluded pupil on its roll and to fund the pupil’s education until the pupil is no longer of compulsory school age”

BARONESS WALMSLEY

BARONESS JOLLY

55

Page 9, leave out lines 23 to 26

BARONESS WALMSLEY

56*

Page 9, leave out lines 28 and 29

BARONESS WALMSLEY

BARONESS JOLLY

57

Page 9, line 38, at end insert—

““tribunal” means the first-tier tribunal”

BARONESS WALMSLEY

58*

Page 9, leave out lines 43 and 44

59*

Page 9, line 47, at end insert—

“51B Appeals

(1) A pupil, or the pupil’s parent or guardian, may appeal to the First-tier Tribunal against a decision by the responsible body not to reinstate the pupil.

(2) The First-tier Tribunal may—

(a) uphold the exclusion, or

(b) direct that the pupil is to be reinstated (either immediately or by a date specified in the direction), or

(c) decide that because of exceptional circumstances, or for some other reason, it is not practical to give a direction requiring reinstatement, but that it would otherwise have been appropriate to give such a direction.”

Schedule 1

LORD HILL OF OAREFORD

60

Page 59, line 18, at end insert—

“In section 31A of that Act (consideration of adverse reports), in subsection (3)(c), for “exclusion appeal panel” substitute “exclusion review panel”.”

Clause 5

BARONESS WALMSLEY

BARONESS JOLLY

61

Page 10, line 13, after “Wales” insert “or a pupil at a school in England whose parent has not consented to a same-day detention”

After Clause 5

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

62

Insert the following new Clause—

“Notice of detention

( ) Where a school in England requires a pupil to be detained outside school hours, the school must give reasonable notice to the parent or carer of the pupil and before the detention occurs the school must have received from the parent or carer confirmation that the parent or carer is aware of the detention.

( ) Where the school does not receive confirmation from the parent or carer that they are aware of the plan to detain the pupil, the detention may take place, but only after 24 hours.”

Clause 6

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

63

Page 10, line 15, leave out “Section 248” and insert “Section 248(3), (4) and (6)(c)”

Clause 7

LORD PUTTNAM

LORD QUIRK

LORD KNIGHT OF WEYMOUTH

THE EARL OF LISTOWEL

64

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, 50 per cent of registered teachers must have voted.”

Clause 8

LORD LEXDEN

65*

Page 12, line 30, leave out “consider whether it would be appropriate to”

After Clause 8

THE EARL OF LISTOWEL

66*

Insert the following new Clause—

“Minimum qualifications for teachers

(1) To continue in practice or to take up new employment in a school, teachers must have—

(a) a minimum of 50 hours of continual professional development each year, and

(b) such minimum qualifications in child development and behaviour management as specified by the Secretary of State.

(2) Schools have a duty to ensure that the necessary continual professional development is provided.”

67*

Insert the following new Clause—

“Minimum qualifications for teachers (no. 2)

(1) To continue in practice, teachers must be observed by a senior teacher for at least four consecutive hours each month.

(2) Schools have a duty to ensure that such observation is provided.”

Clause 9

LORD LEXDEN

68*

Page 15, line 13, at end insert “including any duly accredited school overseas”

69*

Page 15, leave out lines 28 to 30

LORD TRUE

BARONESS MORRIS OF BOLTON

70

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.”

BARONESS PERRY OF SOUTHWARK

LORD LUCAS

71

Page 16, line 41, after “regulations” insert “must provide for an appropriate body to receive a report from a person who is independent of the school and local authority, has successful teaching experience and who has observed the teacher during the induction period on more than one occasion and”

LORD LEXDEN

72*

Page 16, line 45, at end insert “but excludes teaching schools and networks thereof as presently constituted,”

73*

Page 17, line 43, at end insert—

“135D Partnership with Independent Schools

The Secretary of State shall be under a duty to promote academic partnership schemes between maintained and independent schools, and to ensure that teachers and trainees in independent schools have access to training and professional development courses on the same terms as those in maintained schools.”

After Clause 13

LORD LUCAS

BARONESS PERRY OF SOUTHWARK

74

Insert the following new Clause—

“Physical contact between pupils and school staff

(1) The governing body of a school may adapt and promulgate rules on 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, 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.”

BARONESS WALMSLEY

BARONESS JOLLY

75

Insert the following new Clause—

“Restrictions on reporting alleged offences by teachers in further education institutions

In Part 8 of EA 2002 (teachers), after section 136 insert—

“Allegations of offences committed by teachers in further education institutions in England and Wales: reporting restrictions

136A Restrictions on reporting alleged offences by teachers in further education institutions

(1) This section applies where a person who is employed or engaged as a teacher at a further education institution is the subject of an allegation falling within subsection (2).

(2) An allegation falls within this subsection if—

(a) it is an allegation that the person is guilty of a relevant criminal offence, and

(b) it is made by or on behalf of a registered student aged 17 or under at the institution.

(3) No matter relating to the person is to be included in any publication if it is likely to lead members of the public to identify the person as the teacher who is the subject of the allegation.

(4) Any person may make an application to an appropriate criminal court for an order dispensing with the restrictions imposed by subsection (3).

(5) The court may make an order dispensing with the restrictions, to the extent specified in the order, if it is satisfied that it is in the interests of justice to do so, having regard to the welfare of the person who is the subject of the allegation.

(6) The power under subsection (5) of a magistrates’ court may be exercised by a single justice.

(7) In the case of a decision of a magistrates’ court to make or refuse to make an order under subsection (5), a person mentioned in subsection (8) may, in accordance with criminal procedure rules—

(a) appeal to the Crown Court against the decision, or

(b) appear to be represented at the hearing of such an appeal.

(8) The person referred to in subsection (7) is—

(a) a person who was a party to the proceedings on the application for the order;

(b) any other person with the leave of the Crown Court.

(9) On an appeal under subsection (7), the Crown Court may—

(a) make such order as is necessary to give effect to its determination of the appeal, and

(b) make such incidental or consequential orders as appear to it to be just.

(10) The restrictions in subsection (3) cease to apply once there are proceedings in a court in respect of the offence.

(11) In this section—

“appropriate criminal court” means any court in England and Wales which has any jurisdiction in, or in relation to, any criminal proceedings;

“publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose, every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings;

“relevant criminal offence”, in relation to a person employed or engaged as a teacher or lecturer at a further education institution, means an offence against the law of England and Wales where the victim of the offence is a registered student at the institution;

“relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990;

“further education institution” means an institution within the further education sector (within the meaning given by section 91(3)(a) to (c) of the Further and Higher Education Act 1992).

136B Offence of breach of reporting restrictions

(1) This section applies if a publication includes any matter in breach of section 136A(3).

(2) Where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical is guilty of an offence.

(3) Where the publication is a programme included in a programme service (within the meaning of the Broadcasting Act 1990), the following are guilty of an offence—

(a) any body corporate engaged in providing the programme service in which the programme is included, and

(b) any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

(4) In the case of any other publication, any person publishing it is guilty of an offence.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) If an offence committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of, or

(b) to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) In subsection (6), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(8) If the affairs of a body corporate are managed by its members, “director” in subsection (7) means a member of that body.

136C Defences

(1) Where a person is charged with an offence under section 136B, it is defence for the person to prove any of the matters mentioned in subsection (2).

(2) The matters are—

(a) that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the publication included the matter in question;

(b) that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the allegation in question had been made;

(c) that the person who is the subject of the allegation had given written consent to the inclusion of the matter in question in the publication.

(3) Written consent is not a defence if it is proved that any person interfered unreasonably with the peace or comfort of the person giving the consent, with intent to obtain it.””

Clause 14

LORD PUTTNAM

LORD QUIRK

LORD KNIGHT OF WEYMOUTH

THE EARL OF LISTOWEL

76

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, 50 per cent of registered teachers must have voted.”

Clause 17

LORD RIX

77

Page 25, line 23, at end insert—

“( ) The Secretary of State shall monitor the teacher training provided by lead schools to ensure training includes at least 20 hours in special educational needs.”

After Clause 17

THE EARL OF LISTOWEL

78*

Insert the following new Clause—

“Training and development board

(1) The Secretary of State shall appoint a board to provide advice on matters relating to training and development.

(2) In the first instance, the membership of the board shall be the same as that of the board of the Training and Development Agency for Schools before this part came into force.”

After Clause 18

THE EARL OF LISTOWEL

79*

Insert the following new Clause—

“Nursery staff development

Where nurseries admit children of two years old, staff with direct responsibility for children are entitled to—

(a) two hours of one-to-one supervision with their managers, and

(b) 10 hours of continual professional development,

each month.”

80*

Insert the following new Clause—

“Nursery staff qualifications

Where nurseries admit children of two years old, staff with direct responsibility for children must have five GCSEs.”

81*

Insert the following new Clause—

“Nursery manager qualifications

Where nurseries admit children of two years old, the manager of the nursery must have a relevant graduate-level qualification.”

After Clause 19

LORD LUCAS

THE EARL OF LISTOWEL

82

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 teacher’s 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.”

Before Clause 20

BARONESS MASSEY OF DARWEN

LORD KNIGHT OF WEYMOUTH

83

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, diversity of cultures, and of faiths and of no faith and personal, social and health education.”

After Clause 20

THE EARL OF LISTOWEL

84*

Insert the following new Clause—

“Primary School Testing

Primary schools may choose not to follow the national requirement on testing children under the age of eight years.”

After Clause 22

LORD LUCAS

BARONESS PERRY OF SOUTHWARK

85

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 25

THE EARL OF LISTOWEL

86*

Insert the following new Clause—

“Qualifications and curriculum development board

(1) The Secretary of State shall appoint a board to provide advice on matters relating to qualifications and curriculum develoment.

(2) In the first instance, the membership of the board shall be the same as that of the board of the Qualifications and Curriculum Development Agency before this part came into force.”

After Clause 27

THE EARL OF LISTOWEL

87*

Insert the following new Clause—

“Careers education and guidance

The Secretary of State shall appoint a board to provide advice on matters relating to careers education and guidance.”

After Clause 29

BARONESS WALMSLEY

BARONESS TYLER OF ENFIELD

88

Insert the following new Clause—

“Personal, social, health and economic education in maintained schools

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

(8) Subsections (4) to (7) are not to be read as preventing the governing body or head teacher of a school within subsection (9) from causing or allowing PSHE to be taught in a way that reflects the school’s religious character.

(9) A school is within this subsection if it is designated as a school having a religious character by an order made by the Secretary of State under section 69(3) of the School Standards and Framework Act 1998 (duty to secure due provision of religious education).

(10) This section is not to be read as requiring the PSHE curriculum for pupils in the first key stage to include paragraphs (a), (c), (e) and (g) of subsection (1).

(11) In exercising their functions under this Part so far as relating to PSHE, a local authority, governing body or head teacher shall have regard to any guidance issued from time to time by the Secretary of State.””

89

Insert the following new Clause—

“Personal, social, health and economic education in Academies etc

In AA 2010, after section 10 (consultation: additional schools) insert—

“10A Personal, social, health and economic education

(1) The curriculum for pupils of compulsory school age for a school to which this section applies shall include personal, social, health and economic education (“PSHE”), comprising the matters set out in section 85B(1) of the Education Act 2002.

(2) Any attainment targets, programmes of study or assessment arrangements specified in relation to PSHE under Part 6 of the Education Act 2002 shall have effect for the purposes of this section as they have effect for the purposes of that Part.

(3) It is the duty of the proprietor and head teacher of a school in which PSHE is provided in pursuance of this section to secure that the principles set out in section 85B(5) to (7) of the Education Act 2002 are complied with.

(4) In carrying out functions exercisable by virtue of this section, the proprietor and head teacher of a school to which the section applies shall have regard to any guidance issued from time to time by—

(a) the Secretary of State, or

(b) a person nominated by the Secretary of State.

(5) The schools to which this section applies are city technology colleges, city colleges for the technology of the arts and Academies.””

90

Insert the following new Clause—

“Sex and relationships education: manner of provision

(1) Section 403 of EA 1996 (sex education: manner of provision) is amended as follows.

(2) In subsection (1), for the words from the beginning to “at a maintained school” substitute “The governing body or other proprietor of any school to which this section applies, and its head teacher, shall take such steps as are reasonably practicable to secure that, where sex and relationships education or (in Wales) sex education is given to any registered pupils at the school”.

(3) After subsection (1) insert—

“(1ZA) The schools to which this section applies are—

(a) maintained schools;

(b) city technology colleges;

(c) city colleges for the technology of the arts;

(d) Academies.

A reference in this section or section 404 to the governing body of a school, in relation to a school within paragraph (b), (c) or (d), shall be read as a reference to the proprietor of the school.

(1ZB) The Secretary of State must issue guidance designed to secure that where sex and relationships education is given to registered pupils at schools in England to which this section applies they learn—

(a) the nature of marriage and its importance for family life and the bringing up of children,

(b) the nature of civil partnership, and

(c) the importance of strong and stable relationships.”

(4) In subsection (1A)—

(a) for “The Secretary of State” substitute “The Welsh Ministers”;

(b) after “maintained schools” insert “in Wales”.

(5) In subsection (1B), for “the Secretary of State’s guidance” substitute “the guidance under subsection (1ZB) or, in the case of schools in Wales, subsection (1A)”.

(6) In subsection (1C)—

(a) for “subsection (1A)” substitute “subsection (1ZB) or (1A)”;

(b) for “sex education” substitute “sex and relationships education, or (in Wales) sex education,”.

(7) In subsection (1D), for “subsection (1A)” substitute “subsection (1ZB), and the Welsh Ministers may at any time revise their guidance under subsection (1A)”.

(8) In section 579 of that Act (general interpretation), in subsection (1), before the definition of “sex education” insert—

““sex and relationships education” includes education about—

(a) Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and

(b) any other sexually transmitted disease, but does not include education about human reproduction provided as part of any science teaching;”.”

LORD LUCAS

BARONESS PERRY OF SOUTHWARK

91

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

92

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) In paragraphs (1) to (4) of Schedule 20 to SSFA 1998 (collective worship) for “required” substitute “permitted”.

93

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.””

94

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.””

95

Insert the following new Clause—

“School travel schemes: discrimination on grounds of religion or belief

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

(2) Omit paragraph 12.

(3) After paragraph 14 insert—

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

BARONESS FINLAY OF LLANDAFF

LORD COLWYN

96

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.””

BARONESS MASSEY OF DARWEN

97

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 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 the pupil 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) and (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 SSFA 1998 is repealed.”

BARONESS MASSEY OF DARWEN

LORD KNIGHT OF WEYMOUTH

98

Insert the following new Clause—

“Personal, social, health and economic education in maintained schools

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

99

Page 32, line 17, at end insert—

“( ) 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.”

LORD LAMING

100

Leave out Clause 30 and insert the following new Clause—

“Co-operation with local authorities to promote well-being

All providers of education shall have a duty to co-operate with local authorities to promote the well-being of children and young people up to the age of 19, and those with disabilities up to the age of 25, in accordance with section 10 of the Children Act 2004.”

LORD LAMING

BARONESS WALMSLEY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 30 stand part of the Bill.

Clause 31

LORD LAMING

BARONESS WALMSLEY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill.

Clause 34

LORD AVEBURY

101

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

LORD RIX

102

Page 33, line 33, at end insert—

“( ) The Secretary of State may inspect a school’s admissions code to ensure that it complies with the school’s duties under the Equality Act 2010.

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

BARONESS MASSEY OF DARWEN

103

Page 33, line 33, at end insert—

“( ) In paragraph 5 of Schedule 11 to the Equality Act 2010 omit paragraphs (a) to (e).”

After Clause 35

LORD LUCAS

BARONESS PERRY OF SOUTHWARK

104

Insert the following new Clause—

“Music licensing

After subsection (1)(g) of section 173 of the Licensing Act 2003 (activities in certain locations not licensable) insert—

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

BARONESS FLATHER

105

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.”

LORD BLACKWELL

106

Insert the following new Clause—

“Duty to provide for the needs of high-ability pupils

In determining the nature of their educational provision, all maintained schools, Academies and free schools must have regard to meeting the special learning requirements of children within their admissions group who have or subsequently demonstrate high ability or aptitude for learning.”

LORD BLACKWELL

LORD LEXDEN

107

Insert the following new Clause—

“Co-operation to provide for the needs of high-ability pupils

(1) A group of schools (“the participating schools”) consisting of—

(a) a federation of maintained schools,

(b) a federation of Academies, or

(c) any combination of maintained schools, Academies and free schools that consider themselves to be located in sufficient proximity,

may enter into a collaboration agreement for the purpose of providing for the needs of high-ability pupils within their collective pupil group.

(2) A collaboration agreement under subsection (1) may allow for one or more schools within the collaboration agreement to provide specialist teaching for a high-ability class within each subject or year group which would be open to any pupil at any age within any of the participating schools who met the criteria for high-ability learning.

(3) The criteria for pupils to be assessed as likely to benefit from joining the high-ability class under subsection (2) must be based on aptitude and ability as determined by the schools, under procedures agreed by their governing body or bodies.

(4) The collaboration agreement under subsection (1) shall specify what transfers of budgets between schools are appropriate to fund these arrangements, and the governing bodies of participating schools will have the authority to authorise such payments.

(5) The participating schools may make common provision to provide for transport for pupils where appropriate to enable them to travel to the school where the high-ability class is located.”

Schedule 11

BARONESS MASSEY OF DARWEN

108

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

109

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

110

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

111

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.”

112

Page 89, line 34, at end insert—

“12 In section 9 of AA 2010 (impact: additional schools) after subsection (4) 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 EIA 2006, the Secretary of State will direct the local authority for the area in question to invite proposals pursuant to that section.””

Clause 37

LORD LUCAS

BARONESS PERRY OF SOUTHWARK

113

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

BARONESS PERRY OF SOUTHWARK

LORD LUCAS

LORD LEXDEN

114

Page 35, line 17, at end insert—

“(4C) Every “exempt school” shall have assigned to it an independent visitor, who may be a senior teacher or head teacher with recent experience in schools and who will visit the school at least once each school term to ensure that standards are being maintaine; where the visitor has reason to believe that standards are not being maintained, the visitor will have a duty to report to OFSTED who can then initiate an inspection.””

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 JOLLY

BARONESS WALMSLEY

115

Page 36, line 25, after “achievement” insert “and well-being”

BARONESS FLATHER

116

Page 36, line 28, at end insert—

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

BARONESS COUSSINS

LORD QUIRK

117

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

LORD OUSELEY

118

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 that Act.”

LORD BLACKWELL

119

Page 36, line 37, at end insert—

“(iii) pupils of high ability or aptitude for learning”

BARONESS BENJAMIN

BARONESS WALMSLEY

120

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.”

BARONESS COUSSINS

LORD HARRISON

121

Page 36, line 37, at end insert—

“(c) the extent to which pupils at the school are learning and being assessed in modern foreign languages”

LORD NORTHBOURNE

122*

Page 36, line 37, at end insert—

“(c) the extent to which children entering the school are socially and emotionally “school ready”;

(d) the extent to which the school is working with parents to support and promote each child’s personal development and success in school;

(e) the extent to which school is working with parents to prepare pupils at the school for the opportunities and responsibilities of adult life including possible parenthood”

After Clause 50

LORD AVEBURY

123

Insert the following new Clause—

“Promotion of education 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 52

LORD BLACKWELL

124

Page 42, line 39, at end insert “, and

“(c) it is specially organised to make special educational provision for the needs of pupils with high ability or aptitude for learning; or high ability or aptitude in musical, artistic or other specialist skills approved in guidance issued by the Secretary of State.”

Before Clause 54

LORD BLACKWELL

LORD LEXDEN

125

Insert the following new Clause—

“Academy orders: independent schools

In section 6(4) of the Academies Act 2010 (definition of “selective school”), after paragraph (b) insert—

“(c) it is an independent school with a selective admissions policy converting to an academy”.”

Clause 54

BARONESS MASSEY OF DARWEN

126

Page 44, leave out lines 24 and 25

Clause 60

BARONESS TURNER OF CAMDEN

127

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”.”

128

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).”

129

Page 48, line 28, at end insert—

“( ) In section 58 of SSFA 1998 (appointment and dismissal of teachers at schools with a religious character), after subsection (3) insert—

“(3A) The head teacher of such a school shall not, while holding the post of head teacher of the school, be a reserved teacher.”

( ) Section 60 of the SSFA 1998 (staff at foundation or voluntary school with religious character) is amended as follows.

( ) In subsection (4) leave out “in a case where the head teacher is not to be a reserved teacher.”

( ) In subsection (6) leave out “in Wales”.”

130

Page 48, line 28, at end insert—

“( ) Section 60 of SSFA 1998 (staff at foundation or voluntary school with religious character) is amended as follows.

( ) For subsection (5) substitute—

“(5) If the school is a voluntary aided school, preference may be given, in connection with the appointment, remuneration or promotion of teachers at the school, to persons whose religious opinions are in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4) but only to the extent that the treatment in question can be justified on the basis that the religion or belief of a teacher in the school constitutes a genuine, legitimate and justified occupational requirement having regard to the school’s religious ethos.

(5A) Regard may be had, in connection with the termination of the employment or engagement of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified; provided that nothing in this section shall be taken to permit discrimination which would be prohibited by the Equality Act 2010 other than in relation to religion or belief.”

( ) Omit subsection (2)(b) and (c) of section 124A of SSFA 1998 (appointment and dismissal of teachers of religious education).”

131

Page 48, line 35, leave out from beginning to end of line 16 on page 50 and insert—

“124AA Employment of teachers at independent schools having a religious character

(1) This section applies to an independent school which has a religious character.

(2) Preference may be given, in connection with the appointment, promotion or remuneration of teachers at the school, to persons—

(a) whose religious opinions are in accordance with the tenets of the religious denomination specified in relation to the school under section 124B(2), or

(b) who attend religious worship in accordance with those tenets, or

(c) who give, or are willing to give, religious education at the school in accordance with those tenets.

(3) Regard may be had, in connection with the termination of the employment or engagement of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified.

124AB Designation of independent schools as having a religious character

(1) Subsections (3) and (5) of section 69 (which relate to the designation of foundation or voluntary schools as having a religious character) apply in relation to an independent school as they apply in relation to a foundation or voluntary school, but as if—

(a) in subsection (3), the reference to Part 2 were a reference to this Part, and

(b) in subsection (5), the reference to subsection (4) of that section were a reference to subsection (2) of this section.

(2) An order made under section 69(3) by virtue of subsection (1) shall specify, in relation to each school designated by the order, the relgion or religious denomination (or as the case may be each religion or religious denomination) in accordance with whose tenets education is provided at the school or the school is conducted.

(3) Section 142 (interpretation) is amended as follows.

(4) In subsection (1), in the definitions of “Church in Wales school”, “Church of England school” and “Roman Catholic Church school”, after “means a” there is inserted “foundation or voluntary”.

(5) In subsection (3), after “section 69(4)” there is inserted “or 124B(2)”.

(6) In section 143 (index), for the entry beginning “school which has a religious character” there is substituted—

“school which has a religious character
(in Part 2 in relation to a foundation or voluntary school) section 69(3)
(in Part 5A in relation to an independent school) sections 69(3) and 124B(1).””

132

Page 48, line 36, at end insert—

“( ) an Academy is arranged in accordance with section 1 of the Academies Act 2010 and designated as having a religious character in accordance with section 69 of the School Standards and Framework Act 1998, or”

BARONESS MASSEY OF DARWEN

133

Page 49, leave out lines 1 and 2

BARONESS TURNER OF CAMDEN

134

Page 49, line 2, at end insert “, but he shall not make such an order unless there has been consultation with such persons as he considers appropriate on the question of whether an order should be made and having regard to the responses given in that consultation”

135

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

136

Page 49, leave out lines 22 to 32

137

Page 49, line 38, at end insert—

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

After Clause 60

LORD LUCAS

BARONESS PERRY OF SOUTHWARK

138

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 61

LORD BLACKWELL

139

Insert the following new Clause—

“Admissions arrangements for Academies providing for high ability or aptitude pupils

Where an Academy is specially organised to make special educational provision for the needs of pupils with high ability or aptitude for learning, or high ability or aptitude for musical, artistic or other specialist skills under section 1A(2)(c) of AA 2010, it may operate an admissions process which is designed to select those children most likely to benefit from the specialist provision at that school.”

After Clause 62

BARONESS MASSEY OF DARWEN

140

Insert the following new Clause—

“Discrimination on grounds of religion or belief

In section 1(6) of AA 2010 (Academy arrangements) insert “and—

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

141

Insert the following new Clause—

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

After subsection 1(9) of AA 2010 (Academy arrangements) 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.””

LORD LUCAS

BARONESS PERRY OF SOUTHWARK

142

Insert the following new Clause—

“Distance learning at Academies

(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 66

BARONESS WALMSLEY

THE EARL OF LISTOWEL

143

Insert the following new Clause—

“Advisory board

(1) The Secretary of State may by order establish an advisory board to advise on matters related to—

(a) the education and training of 14 to 19 year olds;

(b) financial support available to those of sixth form age.

(2) The advisory board must include at least one of the following as members—

(a) a principal of a further education college;

(b) a principal of a sixth form college;

(c) a head of a maintained school with a sixth form;

(d) a principal of an academy with a sixth form; and

(e) a principal or head of an institution which provides education primarily to persons who are aged over 16 but under 25 and are subject to a learning difficulties assessment.

(3) The advisory board must include as observers representatives from organisations which represent schools and colleges.”

THE EARL OF LISTOWEL

144*

Insert the following new Clause—

“Young people’s learning board

(1) The Secretary of State shall appoint a board to provide advice on matters relating to young people’s learning.

(2) In the first instance, the membership of the board shall be the same as that of the board of the Young People’s Learning Agency for England before this Part came into force.”

After Clause 68

LORD LUCAS

BARONESS PERRY OF SOUTHWARK

145

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

BARONESS PERRY OF SOUTHWARK

146

Insert the following new Clause—

“Disclaimer of eligibility for student support

(1) Any student over the age of 18 (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 course to which he has been admitted as if he were from outside the European Union.”

Prepared 27th June 2011