Education Bill

FIFTH
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—

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]

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.””

75A

Insert the following new Clause—

“Mandatory review of reporting restrictions

(1) The Secretary of State must report to both Houses of Parliament within two years of the commencement of section 13 on how reporting restrictions of alleged offences can be extended to all staff working in schools and further education colleges, or a description of those staff.

(2) If both Houses of Parliament approve a recommendation from the Secretary of State that reporting restrictions should be extended, the Secretary of State may by order amend section 13 to include additional descriptions of staff working with children and young people for whom there will be restrictions on reporting of alleged offences.”

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.”

After Clause 14

LORD KNIGHT OF WEYMOUTH

76ZA

Insert the following new Clause—

“Teacher Recruitment Agency

(1) There is to be a body corporate known as the Teacher Recruitment Agency.

(2) The objective of the Agency in exercising its functions is to promote careers in the school workforce.

(3) The agency is to consist of such number of members appointed by the Secretary of State as the Secretary of State may determine of whom one is to be appointed as chairman.

(4) The Secretary of State may make grants to the Agency of such amounts and subject to such terms and conditions as the Secretary of State may determine.

(5) The agency may do anything which it thinks fit in furtherance of its objective.”

BARONESS BRINTON

BARONESS WALMSLEY

76ZB

Insert the following new Clause—

“First principle in funding teacher education

The Secretary of State shall exercise his powers with a view to ensuring all initial teacher education is accredited higher education.”

Clause 15

BARONESS BRINTON

BARONESS WALMSLEY

76A

Page 22, line 42, at end insert “and

(c) at the end of subsection (2ZA) insert—

“(c) any training fitting a person to be a teacher must constitute higher education and any qualification must be awarded by a higher education institution.””

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.”

Clause 18

BARONESS WALMSLEY

BARONESS JOLLY

78A

Page 25, line 26, at beginning insert “Subject to subsection (3),”

78B

Page 25, line 30, at end insert—

“(3) This section is not to commence before 31 December 2012 or the publication of a report on the pay and conditions of school support staff.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

LORD KNIGHT OF WEYMOUTH

 

The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill.

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 or her 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

BARONESS GOULD OF POTTERNEWTON

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.”

LORD WILLIS OF KNARESBOROUGH

BARONESS WALMSLEY

83ZA*

Insert the following new Clause—

“Technology in schools

(1) The Secretary of State shall publish a plan detailing the delivery of the use of technology to aid teaching across all subjects in the curriculum, for pupils of all ages, in all maintained schools and Academies.

(2) The plan must be published and laid before Parliament by July 2012.”

Clause 20

BARONESS WALMSLEY

BARONESS BRINTON

83A

Page 26, line 13, at end insert “provided the survey takes into account the cultural diversity and breadth of inequality of students participating in the survey”

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.”

Clause 24

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

85A

Page 27, line 2, at beginning insert “Subject to subsection (4),”

85B

Page 27, line 7, at end insert—

“(4) In framing arrangements to develop and make changes to the national curriculum, the Secretary of State must act according to the need to demonstrate that the national curriculum is independent of the government.”

After Clause 25

THE EARL OF LISTOWEL

BARONESS WALMSLEY

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.”

Clause 26

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

86A

Page 27, line 13, at beginning insert “Subject to subsection (7),”

BARONESS BRINTON

BARONESS SHARP OF GUILDFORD

86AA*

Page 27, line 15, leave out subsections (2) to (4)

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

86B

Page 27, line 25, leave out subsection (4)

86C

Page 27, line 31, at end insert—

“(7) Before commencement of this section, the Secretary of State must report to Parliament on arrangements for the funding and provision of careers guidance between the end of ring-fenced Connexions funding and the establishment of the All Age Careers Service and on the introduction and funding of the All Age Careers Service.”

Clause 27

BARONESS BRINTON

86CZA

Page 28, line 2, at end insert “and the careers guidance must be provided by a person who attends the premises of the school, is professionally qualified, and for whom the Secretary of State has secured appropriate quality assurance arrangements.”

LORD KNIGHT OF WEYMOUTH

86CA

Page 28, line 20, at end insert—

“(d) includes information and advice for pre-16 year olds that must include information on options beyond 16 to 18 year olds, apprenticeships, and work that includes training for 16 year olds.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

86D

Page 28, line 20, at end insert—

“( ) The governing body of a school within subsection (2) must comply with the duty in section 29(6) of EA 2002, as inserted by section (Responsibility of governing body and head teacher for independent careers guidance).”

LORD KNIGHT OF WEYMOUTH

86DA

Page 28, line 22, after “provided” insert “by persons who shall meet such national quality assurance criteria as the Secretary of State shall require, and is provided”

BARONESS BRINTON

86DB

Page 28, line 28, leave out “14” and insert “13”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

86E

Page 28, line 28, leave out “14” and insert “12”

86F

Page 28, line 30, leave out “16” and insert “18”

LORD BOSWELL OF AYNHO

86G

Page 30, line 26, at end insert—

“( ) Within three years of this section coming into force, the Secretary of State must lay before Parliament a report reviewing the effect of its provisions.”

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.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

87A

Insert the following new Clause—

“Responsibility of governing body and head teacher for independent careers guidance

In section 29 of EA 2002 (additional functions of governing body), after subsection (5) insert—

“(6) The Secretary of State must prescribe standards with which the governing body and head teacher of a maintained school must comply which cover—

(a) the quality and frequency of careers guidance;

(b) the need for careers guidance to be face-to-face;

(c) the requirement that the delivery of guidance must be by persons trained in careers guidance; and

(d) the requirement that guidance must include both academic and vocational options.”.”

Clause 28

LORD KNIGHT OF WEYMOUTH

 

Lord Knight of Weymouth gives notice of his intention to oppose the Question that Clause 28 stand part of the Bill.

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 about the nature of marriage, civil partnership, and other strong and stable relationships and their importance for family life and the bringing up of children.”

(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

BARONESS FLATHER

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.””

LORD AVEBURY

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

BARONESS MURPHY

BARONESS GOULD OF POTTERNEWTON

BARONESS FLATHER

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

BARONESS GOULD OF POTTERNEWTON

BARONESS FLATHER

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

BARONESS WHITAKER

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 (co-operation to improve well-being).”

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

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

100A*

Page 33, line 15, at end insert—

“( ) In section 84 (code for schools admissions) in subsection (2) after “other matters” insert “which ensure fair access to opportunity for education”.”.

LORD AVEBURY

BARONESS FLATHER

101

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

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

101A*

Page 33, line 25, leave out subsection (3) and insert—

“( ) After section 88J (changes to admission arrangements by schools adjudicator) insert—

“88JA Duty of adjudicator to parents

The adjudicator in exercising his or her functions under section 88J must in all cases make the views of parents and the need to ensure fair access the prime considerations in reaching any decision under section 88J.””

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

BARONESS MURPHY

103

Page 33, line 33, at end insert—

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

Schedule 10

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

103ZA*

Page 84, line 18, leave out paragraph 4

Clause 35

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

103ZB*

Page 34, line 4, at end insert—

“(1B) Subsection (1A) shall also apply where a local authority in England sub-contracts out the provision of school meals.”

After Clause 35

BARONESS WALMSLEY

BARONESS BRINTON

103A

Insert the following new Clause—

“Access to education and training

(1) The Education Act 1996 is amended as follows.

(2) In section 10 (general duty of Secretary of State) at the end insert—

“( ) The Secretary of State in England shall ensure fair access to education and training provision as far as is reasonably practicable.””

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 or college”.”

105

[Withdrawn]

LORD BLACKWELL

LORD RAMSBOTHAM

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.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

107A*

Insert the following new Clause—

“Local schools commissioner

(1) A local authority shall appoint a fit person with the approval of the Secretary of State to be the schools commissioner.

(2) The schools commissioner shall promote—

(a) collaboration between schools with the aim of ensuring all publicly financed schools in the local authority area achieve a standard of education set by the Secretary of State,

(b) parental confidence in all schools, and

(c) fair access to all schools.

(3) The Secretary of State shall delegate to the schools commissioner his or her functions in agreement with the local authority which are considered necessary for the schools commissioner to fulfil his or her duty under subsection (2).

(4) The local authority shall delegate to the schools commissioner functions considered necessary for the schools commissioner to fulfil his or her duty under subsection (2).

(5) Notwithstanding any function delegated to the schools commissioner by subsections (3) and (4), the commissioner shall advise admission authorities for schools on—

(a) such matters connnected with the determination of admission arrangements, and

(b) such other matters connected with the admission of pupils,

as may be prescribed.

(6) Notwithstanding any function delegated to the schools commissioner by subsections (3) and (4), the schools commissioner shall advise the local authority, head teachers and school governing bodies on—

(a) promoting good behaviour and discipline on the part of pupils,

(b) reducing persistent absence by pupils,

(c) identifying children missing education and those who are not on a school admission register,

(d) the strategy for all children of compulsory school age to receive full-time education appropriate to their age, aptitude and ability and any special educational need,

(e) directing a school to admit a child who is not on a school admissions register,

(f) promoting parents’ views on admissions arrangements in their area.

(7) The schools commissioner will be advised by an advisory board constituted according to regulations which must provide for half the membership to be made up of parent governors but also include representatives of head teachers, teachers, governors, proprietors of Academies and the local authority.

(8) Regulations shall make provision for the meetings and proceedings of the advisory board and the manner in which advice is to be given to the schools commissioner.

(9) For the purposes of this section, a school includes all schools maintained by the local authority and all Academies and City Technology Colleges located within the area of the local authority.”

107B*

Insert the following new Clause—

“Fair access to education and training

(1) EA 1996 is amended as follows.

(2) In section 10 (General duty of the Secretary of State), at end insert “and ensure fair access to opportunity for education and training”.”

LORD WILLIS OF KNARESBOROUGH

LORD PUTTNAM

107C*

Insert the following new Clause—

“Access to broadband internet technology for educational purposes

The Secretary of State shall ensure that all secondary age pupils in maintained schools or Academies who are eligible for free school meals, in receipt of the “pupil premium”, “looked after” by a local authority or are in any other category prescribed by the Secretary of State have such access to broadband internet technology (including outside of normal school hours) as is necessary to—

(a) comply with the national curriculum (particularly in respect of information and communications technology);

(b) complete homework;

(c) further their general education.”

Clause 36

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill.

Schedule 11

BARONESS MASSEY OF DARWEN

108

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

BARONESS RITCHIE OF BROMPTON

108A

Page 85, leave out lines 11 to 39

BARONESS MASSEY OF DARWEN

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.”

BARONESS WHITAKER

111A

Page 85, line 25, at end insert—

“( ) in subsection (3), after paragraph (a) insert—

“(aa) set out the criteria which the design of the school must meet, following best practice as prescribed by the Secretary of State,”.”

BARONESS MASSEY OF DARWEN

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.””

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

 

The above-named Lords give notice of their intention to oppose the Question that Schedule 11 be the eleventh schedule to the Bill.

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,”

BARONESS HOWE OF IDLICOTE

113ZA*

Page 34, line 22, at end insert—

“(aa) persons elected as student governors,

113A

Page 34, leave out line 23

LORD HILL OF OAREFORD

113AA

Page 34, line 23, at end insert—

“(ba) a person elected as a staff governor,

(bb) a person appointed as a local authority governor,”

BARONESS HOWE OF IDLICOTE

113B

Page 34, line 30, leave out subsection (4)

LORD HILL OF OAREFORD

113C

Page 34, line 30, at end insert—

“(4ZA) Regulations made by virtue of subsection (3)(c) in relation to a maintained school in England may include provision for eligibility criteria for the school’s local authority governor to be such as may be specified by the school’s governing body.”

Clause 39

BARONESS WALMSLEY

BARONESS JOLLY

113D

Page 35, line 15, at end insert “except that regulations must provide for inspections of safeguarding policies at prescribed intervals”

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 maintained; 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

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

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 WHITAKER

116A

Page 36, line 28, at end insert—

“(e) the effect of the building and design of the school on the effectiveness of the education provided.”

BARONESS COUSSINS

LORD QUIRK

BARONESS HOOPER

117

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

LORD OUSELEY

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

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

BARONESS HOOPER

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

LORD BOSWELL OF AYNHO

122ZA

Page 36, line 37, at end insert—

“( ) the extent to which the school meets its duties under section 42A of the Education Act 1997 (provision of careers guidance in schools in England)”

Clause 43

BARONESS WALMSLEY

BARONESS JOLLY

122A

Page 39, line 4, leave out subsection (3)

After Clause 43

BARONESS WALMSLEY

BARONESS JOLLY

122B

Insert the following new Clause—

“Academies causing concern: powers of Secretary of State

Where an Academy is causing concern, the Secretary of State shall terminate the agreement under section 1 of the Academies Act 2010, and require the local authority to establish a maintained school in the premises of the closed Academy.”

Clause 44

LORD LOW OF DALSTON

LORD TOUHIG

 

The above-named Lords give notice of their intention to oppose the Question that Clause 44 stand part of the Bill.

Schedule 12

LORD HILL OF OAREFORD

122BA*

Page 90, line 32, at end insert—

“ In section 33E (principal powers of a sixth form college corporation), in subsection (2), after “subsection (1)” insert “and (in the case of a sixth form college corporation to which section 33J applies) section 33J(1A)””

122B*

Page 90, line 39, at end insert—

“ (1) Section 33J (special provision for certain institutions) is amended as follows.

(2) After subsection (1) insert—

“(1A) A sixth form college corporation to which this section applies may (accordingly) conduct the relevant sixth form college in a way that secures that the established character of the sixth form college is preserved and developed (and, in particular, in a way that is in accordance with any trust deed relating to the college).”

(3) In subsection (3)—

(a) for “reference in subsection (1)(a) to the established character of a sixth form college is” substitute “references in subsections (1)(a) and (1A) to the established character of a sixth form college are”;

(b) for “a reference” substitute “references”.”

122BC*

Page 91, line 1, leave out paragraph (b) and insert—

“(b) for subsection (2) substitute—

“(2) An order under subsection (1) may not be made unless—

(a) the Secretary of State has consulted the corporation, and

(b) in the case of a sixth form college corporation to which section 33J applies, the trustees of the relevant sixth form college have given their consent.””

122BD*

Page 91, line 5, at end insert—

“( ) After subsection (1) insert—

“(1A) In the case of a sixth form college corporation to which section 33J applies, an order under subsection (1) may not be made unless the trustees of the relevant sixth form college have given their consent.””

122BE*

Page 91, line 8, leave out from “for” to end of line 13 and insert ““it” substitute “the Secretary of State”.”

122BF*

Page 91, line 14, leave out “, (5)”

122BG*

Page 91, line 20, at end insert—

“( ) In subsection (5), omit “, with the consent of the YPLA”.

( ) After subsection (5) insert—

“(5A) A sixth form college corporation may do the things mentioned in subsection (5) only with the consent of—

(a) the Secretary of State, and

(b) in the case of a sixth form college corporation to which section 33J applies, the trustees of the relevant sixth form college.””

122BH*

Page 91, line 30, at end insert—

“( ) In subsection (1)(b), for “or (6)” substitute “, (6) or (6A)”.”

122BJ*

Page 91, line 45, at end insert—

“( ) In subsection (4), for “subsection (5)” substitute “subsections (5) and (6A)”.”

122BK*

Page 92, line 1, after “(6)” insert “—

(a) after “may” insert “(subject to subsection (6A))”;

(b) “

122BL*

Page 92, line 2, at end insert—

“( ) After subsection (6) insert—

“(6A) In the case of a sixth form college corporation to which section 33J applies, any property held by the corporation on trust for the purposes of the relevant sixth form college must be transferred to the trustees of the relevant sixth form college.”

( ) After subsection (7) insert—

“(7A) Subsection (7) does not apply where (by virtue of subsection (6A)) the recipient is the trustees of the relevant sixth form college.””

LORD KNIGHT OF WEYMOUTH

122C

Page 92, line 35, leave out paragraph 22

LORD HILL OF OAREFORD

122D*

Page 93, leave out lines 2 to 11 and insert—

“(4) Subsections (4A) and (4B) apply to a sixth form college which is specified, or falls within a class specified, in an order under section 33J(2).

(4A) Before doing one or more of the things listed in subsection (6), the Secretary of State must consult—

(a) the trustees of the sixth form college, and

(b) each person or body with power under the college’s instrument of government to appoint or nominate one or more of its foundation governors.

(4B) After carrying out a consultation under subsection (4A), the Secretary of State must give the persons and bodies consulted a notice stating—

(a) what the Secretary of State has decided to do;

(b) the reasons for the decision.””

122E*

Page 93, line 13, leave out from “for” to end of line 14 and insert ““authority do one or more of those things, the authority” substitute “Secretary of State does one or more of the things listed in subsection (6), the Secretary of State””

After Clause 50

LORD AVEBURY

BARONESS WHITAKER

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

BARONESS MURPHY

BARONESS FLATHER

126

Page 44, leave out lines 24 and 25

Clause 55

BARONESS WALMSLEY

126ZA

Page 45, line 25, leave out “an Academy order, or”

126ZB*

Page 45, leave out lines 32 to 34 and insert—

“( ) the local authority”

After Clause 58

LORD LUCAS

126A

Insert the following new Clause—

“Conversion of independent schools to Academies

(1) An independent school may convert to an Academy, and continue to charge fees to parents, if it operates a needs-blind admissions scheme of a specified form with the consent of the Secretary of State.

(2) Such a needs-blind admissions scheme—

(a) shall not, to the extent that the Secretary of State considers reasonably practicable, result in the decision to offer any pupil a place at the school being affected by the pupil’s parents’ financial status;

(b) may, subject to paragraph (a), allow the school to select on the basis of academic potential or interview or both.

(3) The Secretary of State shall reimburse a school for any fee remission granted to a pupil under a needs-blind admissions scheme, up to a maximum of the amount per pupil which the school would have received had it been a standard Academy.

(4) The Secretary of State may share with Her Majesty’s Revenue and Customs (HMRC) data provided to him or her by a school relating to the eligibility of pupils for fee remission.

(5) If, within three years of making a reimbursement to a school in respect of a particular school year, HMRC writes to the Secretary of State stating that in their opinion the Secretary of State has (taking into account the financial circumstances relating to all pupils in respect of whom fee remission has been claimed) made excessive reimbursements in respect of that school year, the Secretary of State may deduct that excess from the next reimbursement that is due to the school.

(6) The Secretary of State may at any time terminate or require amendments to be made to a needs-blind admissions scheme, but must continue to reimburse the school on the previously agreed basis in respect of all pupils at the school, or offered places for the following September, prior to the school being informed of such termination or amendment, for their entire time at the school.

(7) The school may at any time terminate the needs-blind admissions scheme and revert to independent status, but must educate all pupils at the school, or offered places for the September following the public announcement of such termination, on the previously agreed basis for as long as they wish to remain at the school.”

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

[Withdrawn]

BARONESS TURNER OF CAMDEN

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”

132A

Page 48, line 37, after “foundation” insert “, voluntary aided”

BARONESS MASSEY OF DARWEN

BARONESS MURPHY

133

Page 49, leave out lines 1 and 2

BARONESS TURNER OF CAMDEN

134

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

135

[Withdrawn]

BARONESS TURNER OF CAMDEN

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

BARONESS MURPHY

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.””

BARONESS MASSEY OF DARWEN

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.”

Schedule 16

LORD HILL OF OAREFORD

142A

Page 115, line 34, at end insert—

“Value Added Tax Act 1994

(4) Group 6 of Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemptions: education) is amended as follows.

(5) In item 5A—

(a) omit paragraph (a);

(b) in paragraph (b), for “that Act” substitute “the Apprenticeships, Skills, Children and Learning Act 2009”.

(6) After item 5A insert—

“5B The provision of education or vocational training and the supply, by the person providing that education or training, of any goods or services essential to that provision, to persons who are—

(a) aged under 19,

(b) aged 19 or over, in respect of education or training begun by them when they were aged under 19,

(c) aged 19 or over but under 25 and subject to learning difficulty assessment, or

(d) aged 25 or over, in respect of education or training begun by them when they were within paragraph (c),

to the extent that the consideration payable is ultimately a charge to funds provided by the Secretary of State.”

(7) In note (5A), for “item 5A” substitute “items 5A and 5B”.

(8) After note (5A) insert—

“(5B) In item 5B, “subject to learning difficulty assessment” has the same meaning as in the Education Act 1996.””

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.”

LORD RAMSBOTHAM

BARONESS HOWE OF IDLICOTE

144A

Insert the following new Clause—

“Young offenders

Before section 64 comes into force, the Secretary of State shall lay a report before both Houses of Parliament on the implications for young offenders of the abolition of the YPLA.”

Clause 67

LORD LAYARD

LORD WAKEHAM

LORD WILLIS OF KNARESBOROUGH

LORD SUTHERLAND OF HOUNDWOOD

144B*

Page 53, line 34, at end insert—

“( ) At the end of section 85(1)(a) of ASCLA 2009 insert—

“and, subject to guidance from the Secretary of State, make all reasonable efforts to ensure that an apprenticeship is offered to those of them who desire one and have at least 5 passes at GCSE”.”

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 or she 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 or she has been admitted as if he or she were from outside the European Union.”

LORD LUCAS

147A

Insert the following new Clause—

“Information as to the use to which student fees are put

In section 24(1) of HEA 2004 (conditions to be imposed by English funding bodies) after paragraph (a) insert—

“(aa) to secure that, in respect of any qualifying course, prospective students are informed in advance of making an application—

(i) of the amount, if any, of the fee which they are asked to pay which will be applied to the education of students following other courses; and

(ii) of the amount of their fee which is expected to be applied (on the basis of the latest financial information available) to the salaries of teaching staff, to teaching materials, to support staff, to premises costs and to administrative overheads,”.”

Prepared 8th July 2011