Education and Inspections Bill

House of Commons

Session 2005 - 06
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Education and Inspections Bill

Education and Inspections Bill
Part 5 — Curriculum and entitlements
43

(b)
English, and
(c)
science.
(4)
The following are the other foundation subjects for the fourth key
stage—
(a)
information and communication technology,
5
(b)
physical education, and
(c)
citizenship.
(5)
A pupil in the fourth key stage is entitled, if he so elects, to follow a
course of study in science which leads to such qualification or set of
qualifications as the governing body may choose from among those—
10
(a)
approved under section 98 of the Learning and Skills Act 2000
for the purposes of section 96 of that Act, and
(b)
specified by the Secretary of State by order for the purposes of
this subsection.
(6)
In the exercise of their functions under this Part so far as those functions
15
relate by virtue of this section to work-related learning a local
education authority, governing body or head teacher shall have regard
to any guidance issued from time to time by the Qualifications and
Curriculum Authority.
(7)
In this section “work-related learning” means planned activity
20
designed to use the context of work to develop knowledge, skills and
understanding useful in work, including learning through the
experience of work, learning about work and working practices and
learning the skills for work.
85A
Entitlement areas for the fourth key stage
25
(1)
A pupil in the fourth key stage is also entitled to do either of the
following (as he may elect)—
(a)
to follow a course of study in a subject within each of such one
or more of the four entitlement areas specified in subsection (2)
as he may choose, or
30
(b)
to follow a course of study within an entitlement area specified
by the Secretary of State by order for the purposes of this
paragraph.
(2)
The entitlement areas referred to in subsection (1)(a) are—
(a)
arts, comprising—
35
(i)
art and design,
(ii)
music,
(iii)
dance,
(iv)
drama, and
(v)
media arts,
40
(b)
design and technology (comprising only that subject),
(c)
humanities, comprising—
(i)
geography, and
(ii)
history, and
(d)
modern foreign languages, comprising any modern foreign
45
language specified in an order made by the Secretary of State or,
if the order so specifies, any modern foreign language.

Education and Inspections Bill
Part 5 — Curriculum and entitlements
44

(3)
An order under subsection (2)(d) may—
(a)
specify circumstances in which a language is not to be treated as
falling within subsection (2)(d), and
(b)
provide for the determination under the order of any question
arising as to whether a particular language is a modern foreign
5
language.
(4)
The entitlement conferred on a pupil by this section is to be taken to be
satisfied—
(a)
where he elects as mentioned in paragraph (a) of subsection (1),
if a course of study in a subject within each of the entitlement
10
areas specified in subsection (2) is made available to him by or
on behalf of the school at which he is a registered pupil, or
(b)
where he elects as mentioned in paragraph (b) of subsection (1),
if a course of study within one of the entitlement areas specified
by order under that paragraph is made available to him by or on
15
behalf of the school at which he is a registered pupil.
(5)
In the exercise of their functions by virtue of this Part in relation to
courses of study falling within subsection (1)(a) or (b), a local education
authority, governing body or head teacher shall have regard to any
guidance issued from time to time by the Secretary of State or the
20
Qualifications and Curriculum Authority.
(6)
In this section “course of study” means—
(a)
in relation to a subject within an entitlement area specified in
subsection (2), a course of education or training which leads to
such qualification as the governing body may choose from
25
among those approved under section 98 of the Learning and
Skills Act 2000 for the purposes of section 96 of that Act;
(b)
in relation to an entitlement area specified by order under
subsection (1)(b), a course of education or training which leads
to such qualification as the governing body may choose from
30
among those specified by the Secretary of State by order for the
purposes of this paragraph.”
(2)
In section 86 of EA 2002 (power to alter or remove requirements for fourth key
stage)—
(a)
in paragraph (a), for “section 85,” substitute “sections 85 and 85A,”,
35
(b)
in paragraph (b), for “that section is” substitute “those sections are”,
and
(c)
renumber the section as so amended as subsection (1) of the section and
at the end insert—
“(2)
An order under this section may make such amendments of this
40
Act as appear to the Secretary of State to be necessary or
expedient in connection with the provision made by virtue of
subsection (1).”
(3)
Renumber section 88 of EA 2002 (implementation of the National Curriculum
for England in schools) as subsection (1) of that section and at the end insert—
45
“(2)
In relation to any maintained school and any school year, the local
education authority, the governing body and the head teacher shall, in
addition to their duties by virtue of subsection (1), exercise their
functions with a view to securing that courses of study within all of the

Education and Inspections Bill
Part 5 — Curriculum and entitlements
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entitlement areas specified by the Secretary of State by order for the
purposes of section 85A(1)(b) (“the specified entitlement areas”) are
made available by or on behalf of the school, unless the local education
authority determine that the making available of a course of study
within a particular specified entitlement area would involve
5
disproportionate expenditure.
(3)
Nothing in subsection (2) entitles a pupil who elects as mentioned in
section 85A(1)(b) to follow a course of study within a particular
specified entitlement area or to follow more than one course of study
within different specified entitlement areas (provision as to the
10
entitlement of individual pupils being made by section 85A(4)(b)).
(4)
For the purposes of discharging their functions by virtue of this Part in
in relation to courses of study within the specified entitlement areas,
the governing body of a maintained school shall, in particular, consider
whether it would be appropriate to make any collaboration
15
arrangements.
(5)
In subsection (4) “collaboration arrangements” means—
(a)
arrangements made, in pursuance of regulations under section
26(a), with the governing body of one or more other maintained
schools, and
20
(b)
arrangements made, in pursuance of regulations under section
149(1)(a) of the Education and Inspections Act 2006, with one or
more further education bodies (within the meaning of that
section).
(6)
For the purposes of discharging their functions by virtue of this Part in
25
relation to courses of study within the specified entitlement areas, a
local education authority may make arrangements with an institution
within the further education sector under which a course of study
within a specified entitlement area is made available to pupils of a
school at the institution within the further education sector.
30
(7)
The Learning and Skills Council for England must co-operate with a
local education authority who propose to make arrangements in
pursuance of subsection (6).”
(4)
Until the commencement of subsection (1), section 85 of EA 2002 has effect with
the following modifications—
35
(a)
in subsection (1) after “other foundation subjects” insert “, the
entitlement conferred by subsection (3A)”, and
(b)
after subsection (3) insert—
“(3A)
A pupil in the fourth key stage is entitled, if he so elects, to
follow a course of study in science which leads to such
40
qualification or set of qualifications as the governing body may
choose from among those—
(a)
approved under section 98 of the Learning and Skills
Act 2000 for the purposes of section 96 of that Act, and
(b)
specified by the Secretary of State by order for the
45
purposes of this subsection.”
(5)
Any order made (by virtue of subsection (4) of this section) under section
85(3A) of EA 2002 before the commencement of subsection (1) of this section is

Education and Inspections Bill
Part 5 — Curriculum and entitlements
46

to have effect from that commencement as if made under subsection (5) of
section 85 (as substituted by subsection (1)).
62
Education and training to satisfy entitlements
(1)
After section 3 of the Learning and Skills Act 2000 (c. 21) insert—
“3A
Entitlement to education and training for persons aged 16 to 19
5
(1)
A person who is above compulsory school age but has not attained the
age of 19 may elect for either or both of the following entitlements—
(a)
the core entitlement described in section 3B, and
(b)
the additional entitlement described in section 3C.
(2)
In this section and in sections 3B to 3D, “course of study” means a
10
course of education or training leading to a qualification specified by
the Secretary of State by order for the purposes of this subsection.
3B
The core entitlement
(1)
In relation to a person falling within section 3A(1), the core entitlement
is an entitlement to follow a course of study in such one or more of the
15
following subjects as he may choose (“the core subjects”)—
(a)
mathematics,
(b)
English, and
(c)
information and communication technology.
(2)
The core entitlement is satisfied where a course of study in such of the
20
core subjects as the person has chosen is made available to him at a
school or institution.
(3)
A person’s entitlement to follow a course of study within a core subject
ceases if he does not begin the course of study made available to him
before he attains the age of 19.
25
3C
The additional entitlement
(1)
In relation to a person falling within section 3A(1), the additional
entitlement is an entitlement to follow a course of study within an
entitlement area specified by the Secretary of State by order for the
purposes of this subsection.
30
(2)
The additional entitlement is satisfied where a course of study within
one of the entitlement areas specified by order for the purposes of
subsection (1) is made available to the person at a school or institution.
(3)
A person’s additional entitlement ceases if he does not begin the course
of study made available to him before he attains the age of 19.
35
3D
The core and additional entitlement: duties of the Council
(1)
The Council must exercise its functions under sections 2 and 3 in such
a way as to secure that the entitlements conferred by section 3A(1) are
satisfied.
(2)
The Council must also exercise those functions with a view to securing
40
that courses of study within all of the entitlement areas specified by the
Secretary of State by order for the purposes of section 3C(1) (“the
entitlement areas”) are made available in each local learning and skills

Education and Inspections Bill
Part 6 — School travel and school food
47

area, unless the Council determines that the making available of a
course of study within a particular entitlement area in a particular local
learning and skills area would involve disproportionate expenditure.
(3)
Nothing in subsection (2) entitles a person falling within section 3A(1)
to follow a course of study within a particular entitlement area or in a
5
particular local learning and skills area, or to follow more than one
course of study within different entitlement areas (provision as to the
entitlement of such a person being made by section 3C).
(4)
In the exercise of its functions by virtue of this section, the Council must
have regard to any guidance given from time to time by the Secretary
10
of State.
(5)
This section does not affect the generality of the duties imposed by
sections 2 and 3.
(6)
In this section, “local learning and skills area” means an area specified
by the Secretary of State for the purposes of section 19(1).”
15
(2)
In section 13 of that Act (persons with learning disabilities), in subsection (1)
after “3,” insert “3D,”.
Part 6
School travel and school food
Travel to schools etc
20
63
LEAs in England: duty to promote sustainable modes of travel etc
After section 508 of EA 1996 insert—
“508A
LEAs in England: duty to promote sustainable modes of travel etc
(1)
A local education authority in England must—
(a)
prepare for each academic year a document containing their
25
strategy to promote the use of sustainable modes of travel to
meet the school travel needs of their area (“a sustainable modes
of travel strategy”),
(b)
publish the strategy in such manner and by such time as may be
prescribed, and
30
(c)
promote the use of sustainable modes of travel to meet the
school travel needs of their area.
(2)
Before preparing a sustainable modes of travel strategy, an authority
must in particular—
(a)
assess the school travel needs of their area, and
35
(b)
assess the facilities and services for sustainable modes of travel
to, from and within their area.
(3)
“Sustainable modes of travel” are modes of travel which the authority
consider may improve either or both of the following—
(a)
the physical well-being of those who use them;
40
(b)
the environmental well-being of the whole or a part of their
area.

Education and Inspections Bill
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(4)
The “school travel needs” of a local education authority’s area are—
(a)
the needs of children and persons of sixth form age in the
authority’s area as regards travel mentioned in subsection (5),
and
(b)
the needs of other children and persons of sixth form age as
5
regards travel mentioned in subsection (6).
(5)
The needs of children and persons of sixth form age in the authority’s
area as regards travel referred to in subsection (4)(a) are their needs as
regards travel to and from—
(a)
schools at which they receive or are to receive education or
10
training,
(b)
institutions within the further education sector at which they
receive or are to receive education or training, or
(c)
any other places where they receive or are to receive education
by virtue of arrangements made in pursuance of section 19(1).
15
(6)
The needs of other children and persons of sixth form age as regards
travel referred to in subsection (4)(b) are their needs as regards travel to
and from—
(a)
schools at which they receive or are to receive education or
training,
20
(b)
institutions within the further education sector at which they
receive or are to receive education or training, or
(c)
any other places where they receive or are to receive education
by virtue of arrangements made in pursuance of section 19(1),

in so far as that travel relates to travel within the authority’s area.
25
(7)
The Secretary of State must issue, and may from time to time revise,
guidance in relation to the discharge by a local education authority of
their duties under this section.
(8)
Before issuing or revising guidance under subsection (7), the Secretary
of State must consult such persons as he considers appropriate.
30
(9)
In discharging their duties under this section an authority must—
(a)
consult such persons as they consider appropriate, and
(b)
have regard to any guidance given from time to time by the
Secretary of State under subsection (7).
(10)
References in this section to persons of sixth form age are to be
35
construed in accordance with subsection (1) of section 509AC.
(11)
In this section, “academic year” has the same meaning as in section
509AC in the case of local education authorities in England.”
64
LEAs in England: provision of travel arrangements etc for children
(1)
After section 508A of EA 1996 (inserted by section 63 above) insert—
40
“508B
LEAs in England: travel arrangements for eligible children
(1)
A local education authority in England must make, in the case of an
eligible child in the authority’s area to whom subsection (2) applies,
such travel arrangements as they consider necessary in order to secure
that suitable home to school travel arrangements, for the purpose of
45

Education and Inspections Bill
Part 6 — School travel and school food
49

facilitating the child’s attendance at the relevant educational
establishment in relation to him, are made and provided free of charge
in relation to the child.
(2)
This subsection applies to an eligible child where all the travel
arrangements (if any) made and provided free of charge by any person
5
or persons other than the authority in relation to the child taken
together do not provide suitable home to school travel arrangements
for the purpose of facilitating the child’s attendance at the relevant
educational establishment in relation to him.
(3)
“Home to school travel arrangements”, in relation to an eligible child,
10
are travel arrangements relating to travel in both directions between
the child’s home and the relevant educational establishment in
question in relation to that child.
(4)
“Travel arrangements”, in relation to an eligible child, are travel
arrangements of any description and include—
15
(a)
arrangements for the provision of transport, and
(b)
any of the following arrangements only if they are made with
the consent of a parent of the child—
(i)
arrangements for the provision of one or more persons
to escort the child (whether alone or together with other
20
children) when travelling to or from the relevant
educational establishment in relation to the child;
(ii)
arrangements for the payment of the whole or any part
of a person’s reasonable travelling expenses;
(iii)
arrangements for the payment of allowances in respect
25
of the use of particular modes of travel.
(5)
“Travel arrangements”, in relation to an eligible child, include travel
arrangements of any description made by any parent of the child only
if those arrangements are made by the parent voluntarily.
(6)
“Travel arrangements”, in relation to an eligible child, do not comprise
30
or include travel arrangements which give rise to additional costs and
do not include appropriate protection against those costs.
(7)
For the purposes of subsection (6)—
(a)
travel arrangements give rise to additional costs only if they
give rise to any need to incur expenditure in order for the child
35
to take advantage of anything provided for him in pursuance of
the arrangements, and
(b)
travel arrangements include appropriate protection against
those costs only if they include provision for any expenditure
that needs to be incurred for the purpose mentioned in
40
paragraph (a) in the case of the child to be met by the person by
whom the arrangements are made.
(8)
Travel arrangements are provided free of charge if there is no charge
for anything provided in pursuance of the arrangements.
(9)
Schedule 35B has effect for the purposes of defining “eligible child” for
45
the purposes of this section.
(10)
References to a “relevant educational establishment”, in relation to an
eligible child, are references to—