School Standards and Framework Bill

School Standards and Framework Bill - continued	House of Commons
PART III, SCHOOL ADMISSIONS - continued

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	Grammar schools
Designation of grammar schools.	95. - (1) Where the Secretary of State is satisfied that a maintained school had selective admission arrangements at the beginning of the 1997-98 school year, he may by order designate the school as a grammar school for the purposes of this Chapter.
	(2) A school has selective admission arrangements for the purposes of this Chapter if its admission arrangements-
	(a) are wholly based on selection by reference to general ability, and
	(b) are so based with a view to admitting only pupils with high ability;
	and section 77(9) shall apply for the purposes of this section as it applies for the purposes of section 77.
	(3) Where a maintained school is a grammar school-
	(a) sections 96 and 97 have effect for prescribing the procedure for altering the school's admission arrangements so that it no longer has selective admission arrangements; and
	(b) its admission arrangements shall not be so altered except in accordance with those sections.
	(4) Regulations may make provision-
	(a) for enabling the Secretary of State to make an order designating as a grammar school for the purposes of this Chapter a maintained school established in substitution for one or more discontinued schools each of which either has been or could have been so designated under this section (whether by virtue of subsection (1) or by virtue of the regulations); and
	(b) for any provisions of this Chapter, or any regulations made under it, to have effect in relation to any such school with such modifications as may be prescribed.
	(5) In this section "maintained school" includes, in relation to any time before the appointed day-
	(a) a county or voluntary school, or
	(b) a grant-maintained school,
	within the meaning of the Education Act 1996; and in the application of subsection (1) to a maintained school on or after the appointed day the reference to the school shall be read, in connection with determining the nature of its admission arrangements at the beginning of the 1997-98 school year, as a reference to it as a school within paragraph (a) or (b) above.
	(6) In this Chapter "grammar school" means a school for the time being designated under this section.
Procedure for deciding whether grammar schools should retain selective admission arrangements.	96. - (1) The Secretary of State may by regulations make provision for ballots of parents to be held, at their request, for determining whether the grammar schools to which such ballots relate should retain selective admission arrangements.
	(2) Ballot regulations may provide for a ballot under this section to relate-
	(a) to all grammar schools within the area of a prescribed local education authority or within such other area as may be prescribed,
	(b) to a prescribed group of grammar schools, or
	(c) to any grammar school not falling within paragraph (a) or (b).
	(3) Ballot regulations may make provision-
	(a) for determining the parents who are eligible to request and vote in a ballot under this section;
	(b) requiring a request for such a ballot to be made by means of a petition signed by such number of eligible parents as may be specified in or determined in accordance with the regulations;
	(c) prescribing the form of any such petition and other requirements (whether as to the procedure to be followed or otherwise) which are to be complied with in relation to any such petition;
	(d) prescribing the body ("the designated body") to which any such petition is to be sent and which, under arrangements made by the Secretary of State, is to-
	(i) make the arrangements for the holding of ballots under this section, and
	(ii) discharge such other functions with respect to such petitions and the holding of such ballots as may be prescribed (which may include the determination of any question arising as to the validity of any request for a ballot);
	(e) requiring prescribed bodies or persons, or bodies or persons falling within any prescribed category-
	(i) to provide the designated body or any other person with any prescribed information requested by that body or person, or
	(ii) to publish prescribed information in such manner as may be prescribed;
	(f) prescribing the terms of the question on which a ballot under this section is to be held and the manner in which such a ballot is to conducted;
	(g) specifying how the result of such a ballot is to be ascertained;
	(h) enabling the Secretary of State, in any prescribed circumstances, to declare a previous ballot under this section void and require the holding of a fresh ballot;
	(i) requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.
	(4) Ballot regulations may provide-
	(a) for the parents who are eligible to request and vote in a ballot under this section to include, in any prescribed circumstances-
	(i) parents of registered pupils at independent schools, and
	(ii) parents of any prescribed class of persons under the age of 19 who are receiving education otherwise than at school;
	(b) that for all or any prescribed purposes of the regulations references to parents are to be read as excluding those who are not individuals.
	(5) Ballot regulations may provide for a request for a ballot under this section to be made, in any prescribed circumstances, by means of two or more petitions.
	(6) The information required to be provided in pursuance of subsection (3)(e) may include the names and addresses of parents of any prescribed description.
	(7) Ballot regulations may provide for sections 496 and 497 of the Education Act 1996 (default powers of Secretary of State) to apply to proprietors of independent schools in relation to a duty imposed by or under the regulations.
	(8) Where-
	(a) a ballot has been held under this section, and
	(b) the result of the ballot was to the effect that the schools or school in question should retain selective admission arrangements,
	no further ballot relating to the schools or school shall be held under this section within such period as is specified in ballot regulations.
	(9) An authority or body to whom this subsection applies shall not-
	(a) publish any material which, in whole or in part, appears designed to influence the result of a ballot under this section, or
	(b) give any financial or other assistance to a person for the publication of material which the authority or body are prohibited by this subsection from publishing themselves, or
	(c) otherwise incur any expenditure, or give any assistance, for the purpose of influencing the outcome of a ballot under this section.
	(10) Subsection (9) applies to-
	(a) any local education authority, and
	(b) the governing body of any maintained school within the meaning of section 95;
	and in the case of the governing body of such a school which has a delegated budget within the meaning of Part II of this Act (or, in relation to any time before the appointed day, Part II of the Education Act 1996) the reference to expenditure in subsection (9)(c) is to expenditure out of the school's budget share.
	(11) In this section "ballot regulations" means regulations made under this section.
Implementation of decision that school should cease to have selective admission arrangements.	97. - (1) Subsection (2) applies where the result of a ballot held under section 96 was to the effect that one or more grammar schools should cease to have selective admission arrangements.
	(2) The admission authority for a grammar school to which the ballot related shall secure that their admission arrangements are revised (in accordance with sections 80 and 81) so that, as from the beginning of such school year as may be prescribed, the school no longer has selective admission arrangements.
	(3) Where the Secretary of State is satisfied that a grammar school no longer has selective admission arrangements, he shall revoke the order made by him with respect to the school under section 95.

Prepared 4 December 1997