Education and Inspections Bill

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Session 2005 - 06
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Education and Inspections Bill

Education and Inspections Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Education and Skills,
are published separately as Bill 134—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Ruth Kelly has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Education and Inspections Bill are compatible with
the Convention rights.

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Education and Inspections Bill

Contents
Part 1
Education functions of local authorities
1
Duties in relation to high standards and the fulfilment of potential
2
Duties in relation to diversity and choice
3
Duty to consider parental representations
4
Duty to identify children not receiving education
5
School improvement partners
6
Functions in respect of recreation etc
Part 2
Establishment, discontinuance or alteration of schools
Establishment of new schools
7
Invitation for proposals for establishment of new schools
8
Consultation and publicity in relation to notice and proposals under section 7
9
Publication of proposals with consent of Secretary of State
10
Publication of proposals to establish maintained schools: special cases
11
Establishment of school as federated school
12
Schools established outside area of relevant LEA
13
LEA in England not to establish school in Wales
Discontinuance of schools
14
Proposals for discontinuance of schools maintained by local education
authority
15
Consultation in relation to proposals under section 14
16
Direction requiring discontinuance of community or foundation special
school
Alterations to schools
17
Alterations that may be made under section 18
18
Publication of proposals for alteration of school
19
Proposals under section 18 : procedure

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20
Right of governing body to determine own foundation proposals
21
Rights of interested bodies in relation to proposals under section 19
22
Proposals under section 18 : implementation
Removal of foundation or reduction in foundation governors
23
Proposals for removal of foundation or reduction in foundation governors
24
Proposals under section 23 : procedure
25
Proposals under section 23 : implementation
General
26
Restriction on establishment, alteration or discontinuance of schools
27
Abolition of school organisation committees
28
Amendments relating to school organisation
29
Transitional provisions
30
Interpretation of Part
Part 3
Further provisions about maintained schools
Foundation, voluntary and foundation special schools
31
Requirements as to foundations
32
Parent councils for certain foundation or foundation special schools
33
Funding of voluntary aided schools: meaning of “capital expenditure”
34
Disposals and changes of use of land
General duties of governing body
35
General duties of governing body of maintained school
School admissions
36
General restriction on selection by ability
37
Code for school admissions
38
Role of admission forums
39
Support for parental preferences
40
Prohibition on interviews
41
Restrictions on alteration of admission arrangements
42
Objections to admission arrangements
43
Pupil banding
Miscellaneous
44
School funding
45
Removal of requirement to issue code of practice as to relationships between
LEAs and maintained schools in England etc

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Part 4
Schools causing concern: England
Introduction
46
Meaning of “maintained school” and “eligible for intervention”
Schools that are eligible for intervention
47
Warning notice by local education authority
48
Schools requiring significant improvement
49
School requiring special measures
Intervention by local education authority
50
Power of LEA to require governing body to enter into arrangements
51
Power of LEA etc. to appoint additional governors
52
Power of LEA to provide for governing body to consist of interim executive
members
53
Power of LEA to suspend right to delegated budget
Intervention by Secretary of State
54
Power of Secretary of State to appoint additional governors
55
Power of Secretary of State to direct closure of school
56
Power of Secretary of State to provide for governing body to consist of interim
executive members
Governing bodies consisting of interim executive members: further provisions
57
Governing bodies consisting of interim executive members
Amendments relating to schools causing concern
58
Amendments relating to schools causing concern
Supplementary
59
Duty of LEA to have regard to guidance
60
Interpretation of Part
Part 5
Curriculum and entitlements
61
Curriculum requirements for the fourth key stage
62
Education and training to satisfy entitlements

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Part 6
School travel and school food
Travel to schools etc
63
LEAs in England: duty to promote sustainable modes of travel etc
64
LEAs in England: provision of travel arrangements etc for children
65
LEAs in England: school travel schemes
66
Piloting of school travel scheme provisions
67
Power to repeal school travel scheme provisions etc
68
LEAs in England: provision of transport etc for certain adult learners
69
Amendment of section 444 of EA 1996
70
Learning and Skills Council for England: transport etc for persons of sixth
form age
71
LEAs in England: duty to have regard to religion or belief in exercise of travel
functions
72
Further amendments relating to travel to schools etc
Food and drink provided on school premises etc
73
Provision of food and drink on school premises etc
74
Power to charge for provision of meals etc
Part 7
Discipline, behaviour and exclusion
Chapter 1
School Discipline
Certain schools required to have behaviour policy
75
Responsibility of governing body for discipline
76
Determination by head teacher of behaviour policy
Enforcement of discipline (including compliance with instructions)
77
Meaning of “disciplinary penalty”
78
Enforcement of disciplinary penalties: general
79
Enforcement of disciplinary penalties: detention outside normal school hours
80
Power of members of staff to use force
81
Defence where confiscation lawful
Interpretation of Chapter 1
82
Interpretation of Chapter 1
Repeals
83
Repeals consequential on provisions of Chapter 1

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Chapter 2
Parental responsibilities and excluded pupils
Parenting contracts and parenting orders
84
Parenting contracts
85
Parenting orders in case of exclusion or misbehaviour
86
Parenting contracts and parenting orders: further provisions
Excluded pupils
87
Duty of governing body or proprietor where pupil excluded for fixed period
88
Duty of local education authority in relation to excluded pupils
89
Reintegration interviews
90
Duty of parent in relation to excluded pupil
91
Notice to parent relating to excluded pupil
92
Penalty notice in respect of presence of excluded pupil in public place
93
Penalty notices: supplemental
94
Removal of excluded pupils to designated premises
School attendance
95
Failure by excluded pupil to attend educational provision on school site
96
Sums received under section 444A of Education Act 1996
Interpretation of Chapter 2
97
Meaning of “maintained school” and “relevant school” in Chapter 2
Part 8
Inspections
Chapter 1
The Office and the Chief Inspector
The Office
98
The Office for Standards in Education, Children’s Services and Skills
The Chief Inspector and other inspectors
99
Her Majesty’s Chief Inspector of Education, Children’s Services and Skills
100
Her Majesty’s Inspectors of Education, Children’s Services and Skills
101
Further provision about Chief Inspector and other inspectors etc.
Functions: the Office
102
Functions of the Office
103
Performance of Office’s functions

© Parliamentary copyright 2006
Revised 28 February 2006