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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.

 

Bill 134                                                                                                

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Education and Inspections Bill

 
Bill 13454/1
 
 

 

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

 

Bill 134                                                                                                

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Education and Inspections Bill

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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

 
 

Education and Inspections Bill

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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

 
 

Education and Inspections Bill

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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

 
 

Education and Inspections Bill

v

 

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

 
 

 
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Revised 28 February 2006