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Education and Inspections Bill


Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 2 — Minor and consequential amendments

196

 

15         

In section 142 of SSFA 1998 (interpretation), in subsection (4)—

(a)   

after “this Act” insert “(or Part 4 of the Education and Inspections Act

2006)”, and

(b)   

in paragraph (b), after “section 16(6) or (8)” insert “or of section 56(4)

or (6) of the Education and Inspections Act 2006”.

5

16         

In section 143 of SSFA 1998 (index) in the entry beginning “maintained

school”, after the line beginning “(generally)” insert—

 

“(in Chapter 4 of Part 1)

section 14(3A)”.

 

17         

In Schedule 1A to SSFA 1998, for “Secretary of State” (wherever occurring)

substitute “Assembly”.

10

Education Act 2002 (c. 32)

18         

In section 25 of EA 2002 (federations: supplementary provisions), in

subsection (1)—

(a)   

before paragraph (a) insert—

“(za)   

Part 4 of the Education and Inspections Act 2006

15

(schools causing concern: England),”, and

(b)   

in paragraph (a), for “(intervention in schools causing concern)”

substitute “(intervention in schools causing concern: Wales)”.

19         

After section 62 of EA 2002 insert—

“62A    

Power to require LEA in England to obtain advisory services

20

(1)   

This section applies where—

(a)   

one or more schools maintained by a local education

authority in England are for the purposes of Part 4 of the

Education and Inspections Act 2006 (schools causing

concern: England) eligible for intervention by virtue of either

25

of the following provisions of that Act—

(i)   

section 53 (school requiring significant

improvement), or

(ii)   

section 54 (school requiring special measures), and

(b)   

it appears to the Secretary of State that the local education

30

authority—

(i)   

have not been effective or are unlikely to be effective

in eliminating deficiencies in the conduct of that

school or those schools,

(ii)   

are unlikely to be effective in eliminating deficiencies

35

in the conduct of other schools which may in the

future fall within paragraph (a), or

(iii)   

maintain a disproportionate number of schools

falling within that paragraph.

(2)   

The Secretary of State may direct the local education authority to

40

enter into a contract or other arrangement with a person specified in

the direction, or a person falling within a class so specified, for the

provision to the authority or the governing body of any school

 

 

Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 2 — Minor and consequential amendments

197

 

maintained by them (or both) of specified services of an advisory

nature.

(3)   

The direction may require the contract or other arrangement to

contain specified terms and conditions.

(4)   

In this section “school” means a community, foundation or voluntary

5

school, a community or foundation special school or a maintained

nursery school.

(5)   

Any direction given under this section shall be enforceable, on an

application made on behalf of the Secretary of State, by a mandatory

order.”

10

20    (1)  

Section 63 of EA 2002 (power to require LEA to obtain advisory services) is

amended as follows.

      (2)  

In subsection (1)—

(a)   

in paragraph (a), after “by a local education authority” insert “in

Wales”, and

15

(b)   

in paragraph (b), for the words from “Secretary” to “Wales)”

substitute “National Assembly for Wales”.

      (3)  

In subsection (2), for the words from the beginning to “Wales)” substitute

“The National Assembly for Wales”.

      (4)  

In subsection (5), omit “of the Secretary of State or, as the case may be,”.

20

      (5)  

In the heading, after “LEA” insert “in Wales”

21    (1)  

Section 64 (provisions supplementary to section 63) is amended as follows.

      (2)  

In subsections (1) and (2), for “section 63” substitute “section 62A or 63”.

      (3)  

In subsection (7)—

(a)   

in the definition of “the advisory services” for “section 63” substitute

25

“section 62A or 63”, and

(b)   

in the definition of “the relevant person”, in paragraph (a) for

“section 63(2)” substitute “section 62A(2) or 63(2)”.

      (4)  

In the heading, for “section 63” substitute “sections 62A and 63”.

Education Act 2005 (c. 18)

30

22         

In section 5 of EA 2005 (duty to inspect schools at prescribed intervals), in

subsection (4)(c), for “section 19 or 32 of that Act” substitute “section 16 or 60

of the Education and Inspections Act 2006”.

23         

In section 18 of EA 2005 (interpretation of Chapter 2 of Part 1), in paragraph

(a) of the definition of “appropriate appointing authority”, omit “, a Church

35

in Wales school”.

 

 

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”

198

 

Schedule 8

Section 69

 

Travel to schools etc: meaning of “eligible child”

           

After Schedule 35A to EA 1996 insert—

“Schedule 35B

Section 508B

 

Meaning of “eligible child” for purposes of section 508B

5

1          

For the purposes of section 508B (travel arrangements for eligible

children) an “eligible child” means a child who falls within any of

paragraphs 2 to 7 or 9 to 12.

Children with special educational needs, a disability or mobility problems

2          

A child falls within this paragraph if—

10

(a)   

he is of compulsory school age and is any of the

following—

a child with special educational needs;

a disabled child;

a child with mobility problems,

15

(b)   

he is a registered pupil at a qualifying school which is

within walking distance of his home,

(c)   

no suitable arrangements have been made by the local

education authority for enabling him to become a

registered pupil at a qualifying school nearer to his home,

20

and

(d)   

having regard to whichever of the following are relevant—

his special educational needs;

his disability;

his mobility problems,

25

   

he cannot reasonably be expected to walk to the school

mentioned in paragraph (b).

3          

A child falls within this paragraph if—

(a)   

he is of compulsory school age and is any of the

following—

30

a child with special educational needs;

a disabled child;

a child with mobility problems,

(b)   

he is receiving education at a place other than a school by

virtue of arrangements made in pursuance of section 19(1),

35

and

(c)   

having regard to whichever of the following are relevant—

his special educational needs;

his disability;

his mobility problems,

40

   

he cannot reasonably be expected to walk to that place.

 

 

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”

199

 

Children who cannot reasonably be expected to walk because of nature of routes

4          

A child falls within this paragraph if—

(a)   

he is of compulsory school age and is a registered pupil at

a qualifying school which is within walking distance of his

home,

5

(b)   

no suitable arrangements have been made by the local

education authority for enabling him to become a

registered pupil at a qualifying school nearer to his home,

and

(c)   

having regard to the nature of the routes which he could

10

reasonably be expected to take, he cannot reasonably be

expected to walk to the school mentioned in paragraph (a).

5          

A child falls within this paragraph if—

(a)   

he is of compulsory school age and is receiving education

at a place other than a school by virtue of arrangements

15

made in pursuance of section 19(1), and

(b)   

having regard to the nature of the routes which he could

reasonably be expected to take, he cannot reasonably be

expected to walk to that place.

Children outside walking distance where no suitable alternative arrangements made

20

6          

A child falls within this paragraph if—

(a)   

he is of compulsory school age and is a registered pupil at

a qualifying school which is not within walking distance of

his home,

(b)   

no suitable arrangements have been made by the local

25

education authority for boarding accommodation for him

at or near the school, and

(c)   

no suitable arrangements have been made by the local

education authority for enabling him to become a

registered pupil at a qualifying school nearer to his home.

30

7          

A child falls within this paragraph if—

(a)   

he is of compulsory school age and is receiving education

at a place other than a school by virtue of arrangements

made in pursuance of section 19(1),

(b)   

that place is not within walking distance of his home,

35

(c)   

no suitable arrangements have been made by the local

education authority for boarding accommodation for him

at or near that place, and

(d)   

no suitable arrangements have been made by the local

education authority for enabling him to become a

40

registered pupil at a qualifying school nearer to his home.

8     (1)  

Where—

(a)   

a child of compulsory school age has been excluded from

a relevant school,

(b)   

he remains for the time being a registered pupil at the

45

school, and

 

 

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”

200

 

(c)   

he is required by the appropriate authority for the school

to attend at a place outside the school premises for the

purpose of receiving any instruction or training,

           

paragraph 6 has effect as if the place at which the child is required

to attend were a qualifying school and the child were a registered

5

pupil at that school (and not at the school mentioned in paragraph

(b)).

      (2)  

For the purposes of sub-paragraph (1)—

(a)   

“relevant school” and “appropriate authority” have the

same meaning as in section 444ZA (application of section

10

444 to alternative educational provision), and

(b)   

subsection (3) of that section applies in relation to that sub-

paragraph as it applies in relation to subsection (2) of that

section.

Children entitled to free school meals etc

15

9          

A child falls within this paragraph if—

(a)   

he has attained the age of 8 but not the age of 11,

(b)   

he is a registered pupil at a qualifying school which is more

than two miles from his home,

(c)   

no suitable arrangements have been made by the local

20

education authority for enabling him to become a

registered pupil at a qualifying school nearer to his home,

and

(d)   

the appropriate condition is met in relation to him.

10         

A child falls within this paragraph if—

25

(a)   

he has attained the age of 8 but not the age of 11,

(b)   

he is receiving education at a place other than a school by

virtue of arrangements made in pursuance of section 19(1),

(c)   

that place is more than two miles from his home, and

(d)   

the appropriate condition is met in relation to him.

30

11         

A child falls within this paragraph if—

(a)   

he has attained the age of 11,

(b)   

he is a registered pupil at a qualifying school which is more

than two miles, but not more than six miles, from his home,

(c)   

there are not three or more suitable qualifying schools

35

which are nearer to his home, and

(d)   

the appropriate condition is met in relation to him.

12         

A child falls within this paragraph if—

(a)   

he has attained the age of 11,

(b)   

he is receiving education at a place other than a school by

40

virtue of arrangements made in pursuance of section 19(1),

(c)   

that place is more than two miles, but not more than six

miles, from his home, and

(d)   

the appropriate condition is met in relation to him.

13    (1)  

For the purposes of paragraphs 9 to 12, the appropriate condition

45

is met in relation to a child if condition A or condition B is met.

 

 

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”

201

 

      (2)  

Condition A is met if the child is within section 512ZB(4)

(provision of free school lunches and milk).

      (3)  

Condition B is met if—

(a)   

a parent of the child, with whom the child is ordinarily

resident, is a person to whom working tax credit is

5

awarded, and

(b)   

the award is at the rate which is the maximum rate for the

parent’s case or, in the case of an award to him jointly with

another, at the rate which is the maximum rate for their

case.

10

Meaning of “qualifying school” etc

14    (1)  

The definitions in sub-paragraphs (2) to (5) apply for the purposes

of this Schedule.

      (2)  

“Qualifying school” in relation to a child means—

(a)   

a community, foundation or voluntary school,

15

(b)   

a community or foundation special school,

(c)   

a school approved under section 342 (non-maintained

special schools),

(d)   

a pupil referral unit,

(e)   

a maintained nursery school, or

20

(f)   

a city technology college, a city college for the technology

of the arts or an Academy.

      (3)  

In relation to a child with special educational needs, an

independent school, other than a college or Academy falling

within sub-paragraph (2)(f), is also a “qualifying school” if—

25

(a)   

it is the only school named in the statement maintained for

the child under section 324, or

(b)   

it is one of two or more schools named in that statement

and of those schools it is the nearer or nearest to the child’s

home.

30

      (4)  

“Disabled child” means a child who has a disability for the

purposes of the Disability Discrimination Act 1995, and

“disability” is to be construed accordingly.

      (5)  

“Walking distance” has the meaning given by section 444(5).

      (6)  

In the case of a child who is a registered pupil at both a pupil

35

referral unit and at a school other than a unit, references in this

Schedule to the school at which he is a registered pupil are to be

read as references to the unit.”

 

 

 
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