Vote Bundle Text (960427-08)

Amendments proposed to the Education and Inspections Bill - continued	House of Commons

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Provision of advice by adjudicator

Jacqui Smith

NC31

To move the following Clause:—

'In section 25 of SSFA 1998 (adjudicators) after subsection (3) insert—

"(3A) When asked to do so by the Secretary of State, an adjudicator must give advice to the Secretary of State on such matters relating to the admission of pupils to relevant schools as the Secretary of State may specify.

(3B) The adjudicator may, for the purposes of providing such advice to the Secretary of State, request any of the following persons to provide him with such information held by them as the adjudicator may specify—

(a) the admission authority (within the meaning of Chapter 1 of Part 3) of a community, foundation or voluntary school;

(b) the proprietor of any other relevant school.

(3C) A person so requested by the adjudicator to provide information must comply with the request.

(3D) In subsections (3A) and (3B), "relevant school" means a school in England falling within any of paragraphs (a) to (f) of section 5(2) of the Education Act 2005." '.

Power of Assembly to make regulations about admission of looked after children

Jacqui Smith

NC33

To move the following Clause:—

'(1) After section 97C of SSFA 1998 (inserted by section (Directions to admit child to specified school: supplementary provisions)) insert—

"Looked after children in Wales

97D Power of Assembly to make regulations about admission of looked

after children

(1) The Assembly may by regulations make provision about the admission of children looked after by local authorities in Wales ("looked after children") to maintained schools in Wales.

(2) Regulations under subsection (1) may include provision requiring the admission authorities for such schools—

(a) to include in their admission arrangements such provision relating to the admission of looked after children as may be prescribed, which may in particular include provision for securing that, subject to prescribed exceptions, such children are to be offered admission in preference to other children;

(b) to admit looked after children in prescribed circumstances, subject to prescribed exceptions.

(3) Regulations under subsection (1) may provide that any of the preceding provisions of this Chapter—

(a) shall not apply in relation to looked after children;

(b) shall apply in relation to such children with prescribed modifications."

(2) In section 89 of that Act, in subsection (1A)—

(a) after "maintained schools" insert "in England", and

(b) after "a local authority" insert "in England".'.

Admissions administration

Sarah Teather
Greg Mulholland
Annette Brooke

NC4

To move the following Clause:—

'(1) Chapter 1 of Part III of SSFA 1998 (schools admissions) is amended as follows.

(2) After section 89 insert the following section—

"89A Admissions administration

(1) Admissions administration will receive all applications for places made on behalf of pupils seeking admission to maintained schools, academies, city technology colleges and city colleges for the technology of the arts within its local education authority's area.

(2) Admission administration will anonymise these applications so that the identity of individual applicants cannot be identified by the schools for which they have applied or indicated a preference.

(3) Admission administration will determine the awarding of places at maintained schools within its local education authority's area having regard to the arrangements which are to apply for that year, established by any admissions authority within that area, including special arrangements provided for in section 91.

(4) The person responsible for admissions administration within a local education authority must be employed or commissioned by the local education authority.

(5) In this Chapter "admissions administration" means the person responsible for the administration of arrangements for the admissions of pupils to any school within a local education authority's area."'.

Admission authorities

Sarah Teather
Greg Mulholland
Annette Brooke

NC5

To move the following Clause:—

'(1) Section 88 of SSFA 1998 (admission authorities and admission agreements) is amended as follows.

(2) at end of subsection (1) insert—

"(c) in relation to schools acquiring foundation status with a foundation, means the local education authority;

(d) in relation to a new Academy, means the local education authority."'.

Freedom of selection

Mr Edward Leigh

NC8

To move the following Clause:—

'(1) A maintained school shall have complete freedom to select pupils by academic or other ability at its absolute discretion.

(2) Sections 99 to 103 of SSFA 1998 shall cease to have effect.'.

Freedom to interview

Mr Edward Leigh

NC9

To move the following Clause:—

'A maintained school shall have complete freedom to interview candidates for admission at its absolute discretion, including in cases where the interview plays a part in deciding whether the candidate is to be admitted to the school.'.

Alteration of admission arrangements

Mr Edward Leigh

NC10

To move the following Clause:—

'(1) A maintained school shall have complete freedom to alter its admission arrangements as it sees fit.

(2) Section 89 of SSFA 1998 shall cease to have effect.'.

Admissions report by local education authority

Mr David Chaytor

NC16

To move the following Clause:—

'After section 85B of SSFA 1998 insert—

"85C Admissions report by local education authority

(1) A local education authority shall once in every school year make a report to the admission forum containing the following information—

(a) the proposed admission arrangements for every school, including academies and city colleges, in the local education authority area,

(b) the number of applications for each year group admitting pupils for each school,

(c) the number of pupils accepted for each year group and, if oversubscription criteria are used, the number of pupils selected using each oversubscription criterion, and

(d) the area which the school recruits pupils compared to the area in which the school is situated.

(2) The opinion of the local education authority shall be included in the report as to—

(a) whether the proposed admission arrangements for each school comply with the Code for School Admissions,

(b) what changes, if any, each admission authority, or as the case may be the governing body or each academy or city college, should make to their admission arrangements to comply with the Code for School Admissions,

(d) whether the totality of the admission arrangements for the area produces fair access to schools for all pupils, and if not what further action the authority intends to take to ensure fair access to maintained schools and academies and city colleges."'.

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

176

Schedule 5, page 170, line 14, leave out 'from a date determined in accordance with regulations' and insert '15 months prior to the school admitting pupils or, in the case of the temporary governing body not being established for 15 months prior to the admission of pupils, at the point it is established.'.

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

177

Schedule 5, page 171, line 23, at end insert 'and such circumstances shall include those cases where a schools forum cannot reach a unanimous decision.'.

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

170

Schedule 5, page 171, line 29, leave out paragraph 6.

REMAINING NEW CLAUSES RELATING TO PART 3

Maintained schools to become independent charitable trusts

Mr Edward Leigh
Mrs Nadine Dorries

NC13

To move the following Clause:—

'(1) All maintained schools shall become independent charitable trusts.

(2) The Secretary of State must make regulations to give effect to subsection (1).

(3) Regulations under subsection (2) must provide for the trusts established in pursuance of subsection (1) to be funded on the same basis as grant-maintained schools established under the provisions of the Education Reform Act 1988.'.

Foundation schools: independence of governing bodies from foundations

Mr David Chaytor
Sarah Teather
Greg Mulholland
Annette Brooke

NC17

To move the following Clause:—

'The instrument of government for a foundation or foundation special school established pursuant to proposals made under section 7 may not provide for the majority of governors to be foundation governors nor may any alteration be made pursuant to proposals published under section 18 to the instrument of government of any foundation or foundation special school so as to provide for the majority of governors to be foundation governors.'.

Powers of local education authority in respect of support services

Mr David Chaytor

NC18

To move the following Clause:—

'(1) A local eduction authority in England may make such provision as it thinks fit to ensure the availability to schools maintained by it of education and child-related support services.

(2) Services made available under this section may include—

(a) services for children with special educational needs, looked after children and children educated otherwise than in school;

(b) behaviour support services;

(d) curriculum advisory services; and

(e) such other services as the authority may consider desirable.'.