Education Bill

REVISED
SEVENTH
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 29 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 29

BARONESS WALMSLEY

BARONESS TYLER OF ENFIELD

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 “, it is given” 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.””

95

[Withdrawn]

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.

After Clause 30

LORD STOREY

100ZA

Insert the following new Clause—

“Health and Wellbeing Boards: involvement of schools and colleges

(1) There shall be a duty for the institutions listed in subsection (2), in partnership with other relevant bodies where appropriate, to cooperate with Health and Wellbeing Boards as described in the Health and Social Care Act 2011, to meet the health and wellbeing needs of registered pupils and students within their local authority area.

(2) The institutions referred to in subsection (1) are—

(a) the governing body of a maintained school maintained by the local authority,

(b) the proprietor of a school approved by the Secretary of State under section 1 of AA 2010 (academy arrangements) and situated in the authority’s area,

(c) the proprietor of a City Technology College situated in the authority’s area, and

(d) the governing body of an institution in the further education sector, the main site of which is situated in the authority’s area.

(3) In order to carry out the duty set out in subsection (1), the Secretary of State may amend by order, subject to the affirmative resolution procedure in both Houses—

(a) sections 101 (establishment of Health and Wellbeing Boards), 192 (duty to encourage integrated working) and 193 (other functions of Health and Wellbeing Boards) of the Health and Social Care Act 2011, and

(b) sections 116 (health and social care: joint strategic needs assessment), 116A (health and social care: joint health and wellbeing strategies) and 116B (duty to have regard to assessments and strategies) of the Local Government and Public Involvement in Health Act 2007.”

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

In section 10 of EA 1996 (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

In section 10 of EA 1996 (general duty of the Secretary of State), at the 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

BARONESS WALMSLEY

113ZA

Page 34, line 22, at end insert—

“( ) persons elected as student governors,

BARONESS HOWE OF IDLICOTE

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 the Office for Standards in Education, Children’s Services and Skills who can then initiate an inspection.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

114A*

Page 35, line 17, at end insert—

“(4C) Regulations under subsection (4A) must provide for the local authority in which the exempt school is situated to require the Chief Inspector to inspect the exempt school if the local authority has information that the school should no longer be classified as an exempt school.

(4D) For the avoidance of doubt, a complaint made by parents under section 11A (Power of Chief Inspector to investigate complaints about schools) does apply to an exempt school.

(4E) Notwithstanding subsections (4A) to (4D), the regulations will specify the circumstances in which Ofsted are told to undertake an inspection into an exempt school.”

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 EA 1997 (provision of careers guidance in schools in England)”

Clause 41

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

122ZB*

Page 37, line 8, at end insert—

“(1C) Regulations under subsection (1A) must provide for the local authority in which the exempt further education institution is situated to require the Chief Inspector to inspect the exempt institution if the local authority has information that the institution should no longer be classified as an exempt institution.

(1D) Regulations must also provide for the Chief Inspector to consider complaints about an exempt institution and if appropriate inspect the institution.

(1E) Notwithstanding subsections (1A) to (1D), the regulations will specify the circumstances in which Ofsted are told to undertake an inspection into an exempt school.”

Clause 43

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

122ZC*

Page 39, line 1, leave out subsection (2)

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 AA 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

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

 

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

Clause 47

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 47 stand part of the Bill.

Schedule 12

BARONESS BRINTON

BARONESS SHARP OF GUILDFORD

122BZA

Page 90, line 17, leave out paragraph 3

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)”.”

BARONESS BRINTON

BARONESS SHARP OF GUILDFORD

122BAA

Page 90, line 38, leave out paragraph 10

LORD HILL OF OAREFORD

122BB

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””

Clause 49

122F

[Withdrawn]

BARONESS WALMSLEY

[In substitution for Amendment 122F]

122G

Page 41, line 29, at end insert—

“( ) After subsection (3) insert—

“(3A) Notwithstanding subsections (1) to (3), if a pupil registered at a pupil referral unit is also registered at an Academy, the Academy shall pay the local authority which maintains the pupil referral unit the cost of educating the pupil for days when the pupil attends the unit.”.”

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 49 stand part of the Bill.

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.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

124A*

Page 43, line 15, after “age” insert “for periods of no longer than six months”

After Clause 52

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

124B*

Insert the following new Clause—

“(1) EA 2002 is amended as follows.

(2) In section 133 (requirement to be qualified), in subsection (6) (schools to which this section applies), after paragraph (b) insert—

“(c) an Academy, including a free school,

(d) a city technology college, or

(e) a city college for the technology of the arts.””

Clause 53

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

124C*

Page 44, line 7, leave out subsections (2) and (3)

After Clause 53

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

124D*

Insert the following new Clause—

“Academies: selection

(1) Section 6 (effect of Academy order) of AA 2010 is amended as follows.

(2) Omit subsections (3) and (4).”

Before Clause 54

LORD BLACKWELL

LORD LEXDEN

125

Insert the following new Clause—

“Academy orders: independent schools

In section 6(4) of AA 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 HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

126ZZA*

Page 45, line 22, leave out “is converted into an Academy” and insert “applies for an Academy Order”

126ZZB*

Page 45, line 22, leave out lines 25 to 27

BARONESS WALMSLEY

126ZA

[Withdrawn]

126ZB

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

“( ) the local authority”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

126ZBA*

Page 45, line 38, at end insert “including parents of registered pupils, registered pupils, school staff and the local authority.”

Clause 58

BARONESS WALMSLEY

126ZC

Page 47, line 28, at end insert—

“(5) If the proposal for the new school is not one which was put forward as a proposal for the purposes of section 6A(1) of EIA 2006, the local authority must confirm whether the school is required or otherwise to fulfill the local authority’s duty under section 14 of EA 1996 (functions in respect of provision of primary and secondary schools) to secure sufficient schools.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

126ZD*

Page 47, line 31, leave out “enters” and insert “applies to enter”

126ZE*

Page 47, line 43, at end insert “including parents of registered pupils, registered pupils, school staff and 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).”

130A

Page 48, line 31, leave out subsection (2) and insert—

“(2) Omit section 124A (employment of teachers at independent schools having a religious character).”

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.”

137A

Page 50, line 16, at end insert—

“( ) The provisions of section 124AA of SSFA 1998 shall apply for independent schools with a religious character as if they were Academies.”

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.”

Clause 71

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS CRAWLEY

145A*

Page 55, leave out lines 16 to 34 and insert—

 

“In section 173 of ESA 2008 (commencement), after subsection (2) insert—

“( ) Part 1 comes into force in relation to England on 1 January 2012.””

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,”.”

BARONESS BRINTON

BARONESS SHARP OF GUILDFORD

148

Insert the following new Clause—

“Interest and repayment of loans for part-time students

(1) Part-time student loans shall not incur higher interest rates than those for full-time students.

(2) No part-time student shall be required to repay their loan until—

(a) they have completed their studies, or

(b) 4 years and six months has passed since the start of their course, whichever occurs first.”

Prepared 18th July 2011