School Standards and Framework Bill

School Standards and Framework Bill - continued	House of Commons
SCHEDULE 28, MINOR AND CONSEQUENTIAL AMENDMENTS - continued

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Approval of non-maintained special schools

Approval of non-maintained special schools.

342. - (1) The Secretary of State may approve under this section any school which-

(a) is specially organised to make special educational provision for pupils with special educational needs, and

(b) is not a community or foundation special school,

and may give his approval before or after the school is established.

(2) Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.

(3) Any school which was a special school immediately before 1st April 1994 shall be treated, subject to subsection (4) below, as approved under this section.

(4) Regulations may make provision as to-

(a) the requirements which are to be complied with by a school while approved under this section, and

(b) the withdrawal of approval from a school (including approval treated as given under subsection (3)) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.

(5) Without prejudice to the generality of subsections (2) and (4), the requirements which may be imposed by the regulations include requirements-

(a) which call for arrangements to be approved by the Secretary of State, or

(b) as to the organisation of any special school as a primary school or as a secondary school.

(6) Regulations shall make provision for securing that, so far as practicable, every pupil attending a special school approved under this section-

(a) receives religious education and attends religious worship, or

(b) is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent.

31. Omit section 343 to 346 (government etc. of special schools).

32. In section 348 (provision of special education at non-maintained schools), for subsection (3) substitute-

"(3) In this section "maintained school" means a school maintained by a local education authority."

33. In section 350 (definitions for purposes of Part V), for subsection (1) substitute-

	"(1) In this Part "maintained school" means-
	(a) any community, foundation or voluntary school; or
	(b) except where otherwise stated, any community or foundation special school not established in a hospital."

34. In section 356 (establishment of the National Curriculum by order)-

(a) in each of subsections (4) and (8) for "by Her Majesty's Stationery Office" substitute "as specified in the order"; and

(b) in subsection (5)(a)(ii) omit the words "(except in the case of grant-maintained schools)".

35. In section 362 (National Curriculum: development work and experiments)-

(a) in subsection (3) for "a county, controlled or maintained special school" substitute "a community, voluntary controlled or community special school", and

(b) in subsection (4) for "a grant-maintained, aided or special agreement school" substitute "a foundation, voluntary aided or foundation special school".

36. In section 366 (information concerning directions under section 365)-

(a) in subsection (1)(b) omit the words from "where" to "special school,";

(b) in subsection (4) for "a county, voluntary or maintained special school" substitute "a maintained school";

(d) in subsection (6), for "subsection (1), (4) or (5)" substitute "subsection (1) or (4)".

37. Omit sections 370 to 374 (functions of local education authority etc. in relation to curriculum).

38. Omit sections 376 to 389 (religious education and worship).

39. In section 390 (constitution of advisory councils), for subsection (2) substitute-

"(2) The council shall consist of such groups of persons appointed by the authority as representative members ("representative groups") as are required by subsection (4)."

40. - (1) Section 391 (functions of advisory councils) shall be amended as follows.

(2) In subsection (1), for paragraph (a) substitute-

	"(a) to advise the local education authority on such matters connected with-
	(i) religious worship in community schools or in foundation schools which (within the meaning of Part II of the School Standards and Framework Act 1998) do not have a religious character, and
	(ii) the religious education to be given in accordance with an agreed or other syllabus in accordance with Schedule 19 to that Act,
	as the authority may refer to the council or as the council may see fit, and".

(3) Omit subsections (8) and (9).

41. In section 392 (advisory councils: supplementary provisions), omit subsection (4).

42. Omit section 393 (duty to constitute new standing advisory council).

43. - (1) Section 394 (determination of cases in which requirement for Christian worship is not to apply) shall be amended as follows.

(2) In subsection (1)-

(a) in paragraph (a) for "county school" substitute "community school";

(b) for paragraph (b) substitute-

"(b) any foundation school which has not been designated under section 65(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character,"; and

(c) for "section 386(2)" substitute "paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 (requirement for Christian collective worship)".

(3) In subsection (4) for "section 387" substitute "paragraph 4 of Schedule 20 to the School Standards and Framework Act 1998 (disapplication of requirement for Christian collective worship)".

(4) In subsection (8) for "a school which becomes a grant-maintained school" substitute "a community school which becomes a foundation school (by virtue of section 34 of, and Schedule 8 to, the School Standards and Framework Act 1998)".

44. In section 395(1) (review of determinations under section 394), for "section 386(2)" substitute "paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998".

45. In section 396(1) (power of Secretary of State to direct council to revoke determination or discharge duty), for "section 386(2)" substitute "paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998".

46. In section 399 (determination of question whether religious education in accordance with trust deed) for "a voluntary or grant-maintained school" substitute "a foundation or voluntary school".

47. In section 402(6) (obligation to enter pupils for public examinations) for "a maintained special school" substitute "a community or foundation special school".

48. In section 403(2) (sex education: manner of provision) for "a maintained special school" substitute "a community or foundation special school".

49. In section 404 (sex education: statements of policy)-

(a) in subsection (2) for "a maintained special school" substitute "a community or foundation special school"; and

(b) omit subsection (3).

50. In section 406(3) (political indoctrination) for "a maintained special school" substitute "a community or foundation special school".

51. In section 407(2) (duty to secure balanced treatment of political issues) for "a maintained special school" substitute "a community or foundation special school".

52. In section 408 (provision of information)-

(a) omit subsection (1)(b);

(b) omit subsection (3);

(i) omit paragraphs (b) and (c); and

(ii) in paragraph (d), for "389" substitute "390".

53. In section 409 (complaints and enforcement: maintained schools)-

(a) in subsection (1) for "of aided schools and of special agreement schools," substitute "of foundation and voluntary aided schools,"

(b) in subsection (2) for the words from "any county" to "special school" substitute "any community, foundation or voluntary school maintained by the authority or any community or foundation special school",

(d) for the sidenote substitute "Complaints and enforcement: maintained schools."

54. For the cross-heading "SCHOOL ADMISSIONS" preceding section 411 substitute-

Prepared 4 December 1997