House of Commons portcullis
House of Commons
Session 1997-98
Internet Publications
Other Bills before Parliament

School Standards and Framework Bill

This is the text of the School Standards and Framework Bill, as presented to the House of Commons on 4 December 1997.

 
  
EXPLANATORY AND FINANCIAL MEMORANDUM
 
 
 
  
School Standards and Framework Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
MEASURES TO RAISE STANDARDS OF SCHOOL EDUCATION
CHAPTER I
LIMITS ON INFANT CLASS SIZES
Clause 
1.Power to set limits on infant class sizes.
2.Plans by LEAs for reducing infant class sizes.
3.Payment of grant in connection with reductions in infant class sizes.
4.Construction of Chapter I.

CHAPTER II
GENERAL RESPONSIBILITIES OF LOCAL EDUCATION AUTHORITIES
Duty to promote high standards of education
5.Duty of local education authorities to promote high standards in primary and secondary education.

Education development plans
6.Preparation of education development plans.
7.Approval, modification and review of statement of proposals.

Intervention by Secretary of State
8.Reserve power of Secretary of State to secure proper performance of LEA's functions.

Parent representatives on education committees
9.Education committees to include parent representatives.

CHAPTER III
EDUCATION ACTION ZONES
10.Establishment of education action zones.
11.Establishment of Education Action Forum for zone.
12.Functions of Education Action Forum.
13.Disapplication of pay and conditions order in relation to teachers at participating schools.

CHAPTER IV
INTERVENTION IN SCHOOLS CAUSING CONCERN
Intervention by LEAs
14.Powers of intervention exercisable by LEAs.
15.Cases where LEA may exercise powers of intervention.
16.Power of LEA to appoint additional governors.
17.Power of LEA to suspend right to delegated budget.

Intervention by Secretary of State
18.Power of Secretary of State to appoint additional governors.
19.Power of Secretary of State to direct closure of school.

PART II
NEW FRAMEWORK FOR MAINTAINED SCHOOLS
CHAPTER I
INTRODUCTORY
The new schools
20.New categories of maintained schools.
21.Kinds of foundation and voluntary schools and types of foundations.
22.Maintenance and other funding of schools.

New arrangements for organisation of schools
23.School organisation committees.
24.Adjudicators.
25.School organisation plans.
26.Power to require committees or adjudicators for Wales.

CHAPTER II
ESTABLISHMENT, ALTERATION OR DISCONTINUANCE OF SCHOOLS
Mainstream schools maintained by LEAs
27.Proposals for establishment or alteration of community, foundation or voluntary school.
28.Proposals for discontinuance of community, foundation, voluntary or maintained nursery school.
29.Notice by governing body to discontinue foundation or voluntary school.

Special schools maintained by LEAs
30.Proposals for establishment, alteration or discontinuance of community or foundation special school.
31.Direction requiring discontinuance of community or foundation special school.

Supplementary provisions
32.Provisions supplementary to sections 27 to 31.

Rationalisation of school places
33.Rationalisation of school places.

Change of category of school
34.School changing from one category to another.

CHAPTER III
GOVERNMENT OF MAINTAINED SCHOOLS
Governing bodies
35.Governing bodies.

Instruments of government
36.Instruments of government.

Functions of governing body
37.General responsibility of governing body for conduct of school.
38.Additional functions of governing body.

Control of school premises
39.Control of use of school premises by governing body.

Fixing of school holidays and times of sessions
40.Responsibility for fixing dates of terms and holidays and times of sessions.

Reports and parents' meetings
41.Governors' reports and other information.
42.Annual parents' meetings.

CHAPTER IV
FINANCING OF MAINTAINED SCHOOLS
Budgetary framework
43.Maintained schools to have budget shares.
44.Determination of LEA's general schools budget and aggregated schools budget.
45.Determination of school's budget share.

Local education authority schemes
46.LEAs' financial schemes.

Financial delegation
47.Maintained schools to have delegated budgets.
48.Effect of financial delegation.

Suspension of financial delegation
49.Suspension of financial delegation for mismanagement etc.

Information
50.Financial statements.
51.Certification of statements by Audit Commission.

CHAPTER V
STAFFING AND CONDUCT OF SCHOOLS
Staffing of schools
52.Staffing of community, voluntary controlled and community special schools.
53.Staffing of foundation, voluntary aided and foundation special schools.
54.Staffing for non-school activities.
55.Payments in respect of dismissal, etc.

Appointment and dismissal of teachers of religious education
56.Appointment and dismissal of certain teachers at schools with a religious character.

Religious opinions etc. of staff
57.Staff at community, secular foundation or voluntary, or special school.
58.Staff at foundation or voluntary school with religious character.

Discipline: general
59.Responsibility of governing body and head teacher for discipline.
60.LEA's reserve power to prevent a breakdown of discipline.

Exclusion of pupils
61.Power of head teacher to exclude pupils.
62.Exclusion of pupils: duty to inform parents, etc.
63.Functions of governing body in relation to excluded pupils.
64.Appeals against exclusion of pupils.

CHAPTER VI
RELIGIOUS EDUCATION AND WORSHIP
Religious education
65.Duty to secure due provision of religious education.

Religious worship
66.Requirements relating to collective worship.

Exceptions and special arrangements etc.
67.Exceptions and special arrangements; provision for special schools.

CHAPTER VII
MISCELLANEOUS AND SUPPLEMENTAL
Provision for new schools
68.Provision for new schools.

Transfer of staff and land
69.Transfer of staff on appointed day.
70.Transfer of land on appointed day.

Disposals of land
71.Foundation, voluntary and foundation special schools: disposal of land and discontinuance.

Further education
72.Provision of further education.

Modification of employment law
73.Application of employment law during financial delegation.

Supplementary provisions
74.Modification of trust deeds.

PART III
SCHOOL ADMISSIONS
CHAPTER I
ADMISSION ARRANGEMENTS
Code of Practice
75.Code of Practice.
76.Making and approval of code of practice.

Parental preferences
77.Parental preferences.
78.No requirement to admit children permanently excluded from two or more schools.

Admission arrangements
79.Admission authorities and admission arrangements.
80.Procedure for determining admission arrangements.
81.Reference of objections to adjudicator or Secretary of State.
82.Special arrangements to preserve religious character of foundation or voluntary aided school.
83.Publication of information about admissions.

Admission numbers
84.Fixing admission numbers.

Admission appeals
85.Appeal arrangements.
86.Appeals relating to children to whom section 78 applies.

Power to direct admission of child to school
87.Direction to admit child to specified school.
88.Procedure for giving direction under section 87.

Nursery and special schools, etc.
89.Admission for nursery education or to nursery or special school.

CHAPTER II
SELECTION OF PUPILS
Partial selection
90.General restriction on selection by ability or aptitude.
91.Permitted selection: pre-existing arrangements.
92.Permitted selection: pupil banding.
93.Permitted selection: aptitude for particular subjects.
94.Permitted selection: variation or abandonment etc. of arrangements.

Grammar schools
95.Designation of grammar schools.
96.Procedure for deciding whether grammar schools should retain selective admission arrangements.
97.Implementation of decision that school should cease to have selective admission arrangements.

PART IV
OTHER PROVISIONS ABOUT SCHOOL EDUCATION
Home-school agreements
98.Home-school agreements.
99.Supplementary provisions about home-school agreements.

Extension of educational opportunities for Key Stage 4 pupils
100.Extended work experience for Key Stage 4 pupils.
101.Provision of secondary education for Key Stage 4 pupils by FE institutions.

School meals
102.Nutritional standards for school lunches.
103.Extension of LEA functions concerning school lunches, etc.

PART V
NURSERY EDUCATION
Nursery education
104.Definition of nursery education.

General duty of local education authority
105.Duty of local education authority as respects availability of nursery education.

Early years development partnerships
106.Early years development partnerships.

Early years development plans
107.Early years development plans.
108.Approval, modification and review of statement of proposals.

Inspection of nursery education
109.Inspection of nursery education.

Further provisions relating to nursery education
110.Children with special educational needs.
111.No right to give corporal punishment to nursery pupils.

PART VI
PARTNERSHIP ARRANGEMENTS IN WALES
112.Partnership arrangements to secure provision of certain further education in Wales.
113.Provisions relating to education provided under partnership arrangements.

PART VII
MISCELLANEOUS AND GENERAL
The funding authorities
114.Dissolution of Funding Agency for Schools.
115.Removal of power to establish Schools Funding Council for Wales.

School inspections
116.Publication of inspection reports.

Education Assets Board
117.Change of name of Education Assets Board.

Supplementary
118.Orders and regulations.
119.Financial provisions.
120.Minor and consequential amendments and repeals.
121.General interpretation.
122.Index.
123.Transitional provisions etc.
124.Short title, commencement and extent.
 

SCHEDULES
    Schedule 1-Provisions relating to an Education Action Forum.
    Schedule 2-Allocation of existing schools to new categories.
    Schedule 3-Funding of foundation, voluntary and foundation special schools.
    Part I-Foundation, voluntary controlled and foundation special schools.
    Part II-Voluntary aided schools.
    Part III-Foundation, voluntary and foundation special schools: common provisions.
    Schedule 4-School organisation committees.
    Schedule 5-Adjudicators.
    Schedule 6-Statutory proposals: procedure and implementation.
    Part I-Procedure for dealing with statutory proposals: England.
    Part II-Procedure for dealing with statutory proposals: Wales.
    Part III-Manner of implementation of statutory proposals.
    Part IV-Provision of premises and other assistance.
    Part V-Transitional exemption orders for purposes of Sex Discrimination Act 1975.
    Schedule 7-Rationalisation of school places.
    Part I-Introductory.
    Part II-Directions to bring forward proposals.
    Part III-Proposals by Secretary of State.
    Part IV-Procedure for dealing with proposals under paragraph 5: England.
    Part V-Procedure for dealing with proposals under paragraph 5: Wales.
    Part VI-Transitional exemption orders for purposes of Sex Discrimination Act 1975.
    Schedule 8-Changes of category of school.
    Schedule 9-Constitution of governing bodies.
    Part I-Categories of governor.
    Part II-Constitution of governing bodies.
    Schedule 10-Incorporation of governing bodies.
    Schedule 11-Membership and proceedings etc. of governing bodies.
    Part I-Membership and proceedings.
    Part II-Other provisions about governors.
    Part III-Clerk to the governing body.
    Schedule 12-Instruments of government.
    Schedule 13-Control of school premises by governing bodies.
    Schedule 14-Local education authority schemes: Approval, imposition and revision.
    Schedule 15-Suspension of financial delegation.
    Schedule 16-Staffing of community, voluntary controlled and community special schools.
    Schedule 17-Staffing of foundation and voluntary aided schools.
    Schedule 18-Appeals against exclusion of pupils.
    Schedule 19-Required provision for religious education.
    Schedule 20-Collective worship.
    Schedule 21-Transfers of land on appointed day.
    Part I-General provisions.
    Part II-Rules relating to transfers.
    Part III-Property excluded from transfers.
    Schedule 22-Foundation, voluntary and foundation special schools: Disposal of land and discontinuance.
    Part I-Foundation, voluntary and foundation special schools: Disposal of land.
    Part II-Foundation, voluntary and foundation special schools: Discontinuance.
    Part III-Interpretation.
    Schedule 23-Determination, variation and review of standard numbers.
    Part I-Determination of standard numbers.
    Part II-Variation of standard numbers: England.
    Part III-Variation of standard numbers: Wales.
    Part IV-Review of standard numbers.
    Schedule 24-Admission appeals.
    Part I-Constitution of appeal panels.
    Part II-Procedure.
    Schedule 25-Children to whom section 78 applies: appeals by governing bodies.
    Schedule 26-Inspection of nursery education.
    Schedule 27-Further provision about partnership arrangements in Wales.
    Schedule 28-Minor and consequential amendments.
    Schedule 29-Repeals.
    Schedule 30-Transitional provisions and savings.
    Part I-Funding.
    Part II-Other provisions.
 


 
continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 1997
Prepared 4 December 1997