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| Education and Inspections Bill
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| [Thirteenth and Fourteenth Sittings]
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| Clause 36, page 26, line 7, at beginning insert ‘Until the school year starting on or |
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| Clause 36, page 26, line 7, at end insert ‘or an academy’. |
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| Clause 36, page 26, line 7, at end insert ‘, academy, city technology college or city |
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| college for the technology of the arts.’. |
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| Clause 36, page 26, line 8, leave out from ‘ability’ to end of line 11 and insert ‘or |
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| aptitude unless selection is for the purpose of section 101 (permitted selection: pupil |
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| Clause 36, page 26, line 11, at end insert ‘, or |
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| | (c) | the school is a comprehensive with a grammar stream.’. |
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| Clause 36, page 26, line 11, at end insert— |
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| | ‘(1A) | The admission authority for each secondary school, in exercising their functions, |
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| | (a) | have regard to the general principle that secondary education is to be |
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| | provided in comprehensive schools, and |
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| | (b) | determine that arrangements for the admission of pupils for compulsory |
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| | education is not based on any test of ability or aptitude, |
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| | | except where the admission arrangements have been determined under section |
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| | 101 of SSFA (pupil banding) or regulations made under section [Retention of |
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| | selection by ability or aptitude after parent ballot].’. |
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| Clause 36, page 26, line 13, leave out ‘or any’. |
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| Clause 36, page 26, line 28, at end insert ‘and |
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| | (c) | in subsection (4), after paragraph (b) insert— |
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| | “(c) | any selection of 10 per cent of pupils by aptitude in a |
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| | subject that is a compulsory target-setting subject for the |
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| | purposes of the specialist schools programme.”.’. |
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| Page 26, line 6, leave out Clause 36. |
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| Clause 37, page 26, line 38, after ‘requirements,’, insert ‘including the use of |
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| oversubscription criteria set out in subsection (2A),’. |
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| Clause 37, page 26, line 39, at end insert ‘including practices prohibited by |
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| Clause 37, page 26, line 39, at end insert— |
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| | ‘(3A) | After subsection (2) insert— |
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| | “(2A) | The oversubscription criteria referred to in subsection (2) are to be |
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| | applied in the following order— |
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| | (a) | children with a statement of special educational needs; |
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| | (b) | children in public care; |
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| | (c) | children for whom the school is most appropriate on medical or |
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| | (d) | children whose sibling or siblings will be enrolled at the school |
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| | on the first day of term and who permanently reside within the |
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| | area from which the school’s intake is normally drawn; |
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| | (e) | children for whom the school is the nearest appropriate school to |
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| | (f) | safe walking distance from the school; |
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| | (g) | ease of access to the school by public transport; |
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| | (h) | transfer from a named feeder primary school.”.’. |
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| | Negatived on division 407 |
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| Clause 37, page 26, leave out line 40. |
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| Clause 37, page 26, line 40, leave out ‘act in accordance’ and insert ‘comply in all |
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| Clause 37, page 26, line 40, at end insert ‘; and after “code” insert “and in the case |
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| of a local education authority to establish and maintain a local admissions policy in |
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| compliance with the code”.’. |
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| Clause 37, page 27, line 11, at end insert— |
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| | ‘(9) | In relation to a code for school admissions issued under section 84(1) of SSFA |
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| | 1998 after the passing of this Act, the requirement to consult which is imposed by |
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| | section 85(2) of SSFA 1998 may be satisfied by consultation undertaken before |
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| | the passing of this Act, even though the code takes account (to any extent) of any |
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| | provision made by this Act.’. |
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| Page 26, line 29, leave out Clause 37. |
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| Clause 38, page 27, line 17, leave out ‘, and’ and insert— |
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| | ‘(ba) | in the case of an admission forum for the area of a local education |
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| | authority in England, to advise the authority on the local admissions |
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| | policy established and maintained by the authority under section 84(3), |
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| Clause 38, page 27, line 18, leave out from ‘forum’ to ‘exercising’ in line 19 and |
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| insert ‘such as is mentioned in paragraph (ba)’. |
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| Clause 38, page 27, line 24, leave out from ‘England’ to end of line 26 and insert |
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| ‘shall consider the report published by the local education authority under section 85C |
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| (admissions report by local education authority) and prepare and publish its response to |
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| this report, which may include rejection, as may be prescribed.’. |
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| Clause 38, page 27, line 25, after ‘schools’, insert ‘, academies, city technology |
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| colleges and city colleges for the technology of the arts’. |
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| Clause 38, page 27, line 34, after ‘school’, insert ‘, academy, city technology |
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| college or city college for the technology of the arts’. |
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| Clause 38, page 28, line 11, at end insert— |
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| | ‘(5C) | An admission forum shall, in the exercise of its functions, have regard to any |
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| | admissions policy of the local education authority responsible for maintaining |
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| | schools in the area for which the forum is established.’ |
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| Page 27, line 12, leave out Clause 38. |
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| Clause 39, page 28, line 41, leave out first ‘of’ and insert ‘and their’. |
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| Clause 39, page 28, line 42, leave out ‘them’ and insert ‘parents’. |
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| Clause 39, page 28, line 43, at end add ‘, such advice to include full information |
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| regarding the provision of special schools available in the geographical area.’. |
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| Clause 39, page 28, line 43, at end add ‘, such advice to be monitored and evaluated |
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| by the local education authority for its effectiveness, with examples of good practice |
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| being collated and disseminated.’. |
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| Clause 39, page 28, line 43, at end add ‘, and no person shall be appointed to |
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| provide such advice and assistance unless he has demonstrated an understanding of |
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| special educational needs and disability legislation.’. |
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| Clause 40, page 29, line 4, leave out ‘No’. |
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| | Negatived on division 204 |
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| Clause 40, page 29, line 4, after ‘school’, insert ‘(except a school to which this |
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| section does not apply)’. |
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| Clause 40, page 29, line 4, after ‘may’, insert ‘not’. |
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| Clause 40, page 29, line 5, after ‘interview’, insert ‘or written test’. |
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| Clause 40, page 29, line 5, after ‘interview’, insert ‘(whether face to face or by |
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| Clause 40, page 29, line 6, after ‘interview’, insert ‘or written test’. |
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| Clause 40, page 29, line 8, at end insert— |
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| | ‘(1A) | If the maintained school is one which has been designated as a school having a |
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| | religious character in accordance with section 69, subsection (1) does not apply |
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| | in relation to any interview intended to assess religious committment and |
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| Clause 40, page 29, line 8, at end insert— |
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| | ‘(1A) | Subsection (1) does not apply in relation to any interview conducted to assess |
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| | intended compliance with a home school contract.’. |
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| Clause 40, page 29, line 12, at end insert— |
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| | ‘(2A) | If the maintained school is of a religious character and preference is given to |
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| | applicants for admission to that school on the basis of the religious practice of the |
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| | pupil, then subsection (1) does not apply in relation to any interview intended to |
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| | assess the suitability of the applicant for such a school.’. |
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| Clause 40, page 29, line 15, at end insert ‘interview,’. |
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| Clause 40, page 29, line 18, at end insert— |
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| | ‘(3A) | Subsection (1) does not apply to any interview conducted in connection with the |
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| | admission of pupils to the school for secondary education suitable to the |
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| | requirements of pupils who are over compulsory school age.’. |
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| Clause 40, page 29, line 20, at end add— |
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| | ‘(5) | This section does not apply to a foundation, voluntary-aided or voluntary- |
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| | controlled school which has been designated by the Secretary of State under |
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| | section 69 as a school having a religious character.’. |
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| Clause 40, page 29, line 20, at end add— |
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| | ‘(2) | In section 482 (academies) of EA 1996, in subsection (2)— |
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| | (a) | omit “and” at the end of paragraph (a), and |
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| | (b) | after paragraph (b) insert “and |
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| | (c) | does not have admission arrangements which require or |
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| | authorise any interview with an applicant for admission to the |
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| | academy or his parents, where the interview is to be taken into |
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| | account (to any extent) in determining whether the applicant is to |
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| | be admitted to the academy”.’. |
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| Page 29, line 1, leave out Clause 40. |
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| Clause 41, page 29, line 25, at end insert— |
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| | ‘(1A) | In section 89 of SSFA 1998 (procedure for determining admissions |
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| | arrangements) after subsection (3) insert— |
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| | “(3A) | The requirement to consult under subsections (2) and (3) shall not apply |
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| | where an admissions authority, prior to determining its admission |
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| | arrangements, decides to make no substantive alterations to its |
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| | admissions arrangements.”.’. |
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| Clause 41, page 30, line 2, leave out ‘a prescribed number of’ and insert ‘the two’. |
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