Education and Inspections Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 5 — Curriculum and entitlements
51

67
Education and training to satisfy entitlements
(1)
After section 3 of the Learning and Skills Act 2000 (c. 21) insert—
“3A
Entitlement to education and training for persons aged 16 to 19
(1)
A person who is above compulsory school age but has not attained the
age of 19 may elect for either or both of the following entitlements—
5
(a)
the core entitlement described in section 3B, and
(b)
the additional entitlement described in section 3C.
(2)
In this section and in sections 3B to 3D, “course of study” means a
course of education or training leading to a qualification specified by
the Secretary of State by order for the purposes of this subsection.
10
3B
The core entitlement
(1)
In relation to a person falling within section 3A(1), the core entitlement
is an entitlement to follow a course of study in such one or more of the
following subjects as he may choose (“the core subjects”)—
(a)
mathematics,
15
(b)
English, and
(c)
information and communication technology.
(2)
The core entitlement is satisfied where a course of study in such of the
core subjects as the person has chosen is made available to him at a
school or institution.
20
(3)
A person’s entitlement to follow a course of study within a core subject
ceases if he does not begin the course of study made available to him
before he attains the age of 19.
3C
The additional entitlement
(1)
In relation to a person falling within section 3A(1), the additional
25
entitlement is an entitlement to follow a course of study within an
entitlement area specified by the Secretary of State by order for the
purposes of this subsection.
(2)
The additional entitlement is satisfied where a course of study within
one of the entitlement areas specified by order for the purposes of
30
subsection (1) is made available to the person at a school or institution.
(3)
A person’s additional entitlement ceases if he does not begin the course
of study made available to him before he attains the age of 19.
3D
The core and additional entitlement: duties of the Council
(1)
The Council must exercise its functions under sections 2 and 3 in such
35
a way as to secure that the entitlements conferred by section 3A(1) are
satisfied.
(2)
The Council must also exercise those functions with a view to securing
that courses of study within all of the entitlement areas specified by the
Secretary of State by order for the purposes of section 3C(1) (“the
40
entitlement areas”) are made available in each local learning and skills
area, unless the Council determines that the making available of a
course of study within a particular entitlement area in a particular local
learning and skills area would involve disproportionate expenditure.

Education and Inspections Bill
Part 6 — School travel and school food
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(3)
Nothing in subsection (2) entitles a person falling within section 3A(1)
to follow a course of study within a particular entitlement area or in a
particular local learning and skills area, or to follow more than one
course of study within different entitlement areas (provision as to the
entitlement of such a person being made by section 3C).
5
(4)
In the exercise of its functions by virtue of this section, the Council must
have regard to any guidance given from time to time by the Secretary
of State.
(5)
This section does not affect the generality of the duties imposed by
sections 2 and 3.
10
(6)
In this section, “local learning and skills area” means an area specified
by the Secretary of State for the purposes of section 19(1).”
(2)
In section 13 of that Act (persons with learning disabilities), in subsection (1)
after “3,” insert “3D,”.
Part 6
15
School travel and school food
Travel to schools etc
68
LEAs in England: duty to promote sustainable modes of travel etc
After section 508 of EA 1996 insert—
“508A
LEAs in England: duty to promote sustainable modes of travel etc
20
(1)
A local education authority in England must—
(a)
prepare for each academic year a document containing their
strategy to promote the use of sustainable modes of travel to
meet the school travel needs of their area (“a sustainable modes
of travel strategy”),
25
(b)
publish the strategy in such manner and by such time as may be
prescribed, and
(c)
promote the use of sustainable modes of travel to meet the
school travel needs of their area.
(2)
Before preparing a sustainable modes of travel strategy, an authority
30
must in particular—
(a)
assess the school travel needs of their area, and
(b)
assess the facilities and services for sustainable modes of travel
to, from and within their area.
(3)
“Sustainable modes of travel” are modes of travel which the authority
35
consider may improve either or both of the following—
(a)
the physical well-being of those who use them;
(b)
the environmental well-being of the whole or a part of their
area.
(4)
The “school travel needs” of a local education authority’s area are—
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Part 6 — School travel and school food
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(a)
the needs of children and persons of sixth form age in the
authority’s area as regards travel mentioned in subsection (5),
and
(b)
the needs of other children and persons of sixth form age as
regards travel mentioned in subsection (6).
5
(5)
The needs of children and persons of sixth form age in the authority’s
area as regards travel referred to in subsection (4)(a) are their needs as
regards travel to and from—
(a)
schools at which they receive or are to receive education or
training,
10
(b)
institutions within the further education sector at which they
receive or are to receive education or training, or
(c)
any other places where they receive or are to receive education
by virtue of arrangements made in pursuance of section 19(1).
(6)
The needs of other children and persons of sixth form age as regards
15
travel referred to in subsection (4)(b) are their needs as regards travel to
and from—
(a)
schools at which they receive or are to receive education or
training,
(b)
institutions within the further education sector at which they
20
receive or are to receive education or training, or
(c)
any other places where they receive or are to receive education
by virtue of arrangements made in pursuance of section 19(1),

in so far as that travel relates to travel within the authority’s area.
(7)
The Secretary of State must issue, and may from time to time revise,
25
guidance in relation to the discharge by a local education authority of
their duties under this section.
(8)
Before issuing or revising guidance under subsection (7), the Secretary
of State must consult such persons as he considers appropriate.
(9)
In discharging their duties under this section an authority must—
30
(a)
consult such persons as they consider appropriate, and
(b)
have regard to any guidance given from time to time by the
Secretary of State under subsection (7).
(10)
References in this section to persons of sixth form age are to be
construed in accordance with subsection (1) of section 509AC.
35
(11)
In this section, “academic year” has the same meaning as in section
509AC in the case of local education authorities in England.”
69
LEAs in England: provision of travel arrangements etc for children
(1)
After section 508A of EA 1996 (inserted by section 68 above) insert—
“508B
LEAs in England: travel arrangements for eligible children
40
(1)
A local education authority in England must make, in the case of an
eligible child in the authority’s area to whom subsection (2) applies,
such travel arrangements as they consider necessary in order to secure
that suitable home to school travel arrangements, for the purpose of
facilitating the child’s attendance at the relevant educational
45

Education and Inspections Bill
Part 6 — School travel and school food
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establishment in relation to him, are made and provided free of charge
in relation to the child.
(2)
This subsection applies to an eligible child where all the travel
arrangements (if any) made and provided free of charge by any person
or persons other than the authority in relation to the child taken
5
together do not provide suitable home to school travel arrangements
for the purpose of facilitating the child’s attendance at the relevant
educational establishment in relation to him.
(3)
“Home to school travel arrangements”, in relation to an eligible child,
are travel arrangements relating to travel in both directions between
10
the child’s home and the relevant educational establishment in
question in relation to that child.
(4)
“Travel arrangements”, in relation to an eligible child, are travel
arrangements of any description and include—
(a)
arrangements for the provision of transport, and
15
(b)
any of the following arrangements only if they are made with
the consent of a parent of the child—
(i)
arrangements for the provision of one or more persons
to escort the child (whether alone or together with other
children) when travelling to or from the relevant
20
educational establishment in relation to the child;
(ii)
arrangements for the payment of the whole or any part
of a person’s reasonable travelling expenses;
(iii)
arrangements for the payment of allowances in respect
of the use of particular modes of travel.
25
(5)
“Travel arrangements”, in relation to an eligible child, include travel
arrangements of any description made by any parent of the child only
if those arrangements are made by the parent voluntarily.
(6)
“Travel arrangements”, in relation to an eligible child, do not comprise
or include travel arrangements which give rise to additional costs and
30
do not include appropriate protection against those costs.
(7)
For the purposes of subsection (6)—
(a)
travel arrangements give rise to additional costs only if they
give rise to any need to incur expenditure in order for the child
to take advantage of anything provided for him in pursuance of
35
the arrangements, and
(b)
travel arrangements include appropriate protection against
those costs only if they include provision for any expenditure
that needs to be incurred for the purpose mentioned in
paragraph (a) in the case of the child to be met by the person by
40
whom the arrangements are made.
(8)
Travel arrangements are provided free of charge if there is no charge
for anything provided in pursuance of the arrangements.
(9)
Schedule 35B has effect for the purposes of defining “eligible child” for
the purposes of this section.
45
(10)
References to a “relevant educational establishment”, in relation to an
eligible child, are references to—

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(a)
in the case of a child who is an eligible child by virtue of falling
within any of paragraphs 2, 4, 6, 9 and 11 of Schedule 35B, the
qualifying school (within the meaning of that Schedule) at
which the child is a registered pupil referred to in the paragraph
in question, and
5
(b)
in the case of a child who is an eligible child by virtue of falling
within any of paragraphs 3, 5, 7, 10 and 12 of Schedule 35B, the
place other than a school, where the child is receiving education
by virtue of arrangements made in pursuance of section 19(1),
referred to in the paragraph in question.
10
(11)
Regulations may modify subsections (1) and (2) to provide for their
application in cases where there is more than one relevant educational
establishment in relation to a child.
508C
LEAs in England: travel arrangements etc for other children
(1)
A local education authority in England may make such school travel
15
arrangements as they consider necessary, in relation to any child in the
authority’s area to whom this section applies, for the purpose of
facilitating the child’s attendance at any relevant educational
establishment in relation to the child.
(2)
This section applies to a child who is not an eligible child for the
20
purposes of section 508B.
(3)
“School travel arrangements”, in relation to such a child, are travel
arrangements relating to travel in either direction between his home
and any relevant educational establishment in relation to the child, or
in both directions.
25
(4)
“Travel arrangements”, in relation to such a child, are travel
arrangements of any description and include—
(a)
arrangements for the provision of transport, and
(b)
any of the following arrangements only if they are made with
the consent of a parent of the child—
30
(i)
arrangements for the provision of one or more persons
to escort the child (whether alone or together with other
children) when travelling to or from any relevant
educational establishment in relation to the child;
(ii)
arrangements for the payment of the whole or any part
35
of a person’s reasonable travelling expenses;
(iii)
arrangements for the payment of allowances in respect
of the use of particular modes of travel.
(5)
A local education authority in England may pay, in the case of a child
in the authority’s area to whom this section applies and in relation to
40
whom no arrangements are made by the authority under subsection
(1), the whole or any part, as they think fit, of a person’s reasonable
travelling expenses in relation to that child’s travel in either direction
between his home and any relevant educational establishment in
relation to the child, or in both directions.
45
(6)
References to a “relevant educational establishment”, in relation to a
child to whom this section applies, are references to—
(a)
any school at which he is a registered pupil,

Education and Inspections Bill
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(b)
any institution within the further education sector at which he
is receiving education, or
(c)
any place other than a school where he is receiving education by
virtue of arrangements made in pursuance of section 19(1).
508D
Guidance etc in relation to sections 508B and 508C
5
(1)
The Secretary of State must issue, and may from time to time revise,
guidance in relation to the discharge by a local education authority of
their functions under sections 508B and 508C.
(2)
Before issuing or revising guidance under subsection (1), the Secretary
of State must consult such persons as he considers appropriate.
10
(3)
In discharging their functions under sections 508B and 508C an
authority must have regard to any guidance given from time to time by
the Secretary of State under subsection (1).
(4)
Regulations may require a local education authority to publish, at such
times and in such manner as may be prescribed, such information as
15
may be prescribed with respect to the authority’s policy and
arrangements relating to the discharge of their functions under section
508B or 508C.”
(2)
Schedule 8 (which inserts Schedule 35B to EA 1996) has effect.
70
LEAs in England: school travel schemes
20
(1)
After section 508D of EA 1996 (inserted by section 69 above) insert—
“508E
LEAs in England: school travel schemes
(1)
Schedule 35C has effect in relation to school travel schemes.
(2)
Where a school travel scheme is in force under Schedule 35C, the local
education authority in England by which the scheme is made must give
25
effect to the scheme by—
(a)
making the arrangements which are set out in the scheme as
described in paragraph 2(1) of that Schedule as arrangements to
be made by the authority,
(b)
complying with the requirement of the scheme described in
30
paragraph 2(5) of that Schedule (requirement to make suitable
alternative arrangements),
(c)
complying with the requirement of the scheme described in
paragraph 3 of that Schedule (travel arrangements for eligible
children), and
35
(d)
complying with the scheme’s policy applicable to charging and
any other requirements of the scheme.
(3)
Where a school travel scheme is in force under Schedule 35C, the local
education authority in England by which the scheme is made do not
have any functions under section 508B or 508C in relation to children in
40
their area.
(4)
The Secretary of State must issue, and may from time to time revise,
guidance in relation to the discharge by a local education authority in
England of any duty under subsection (2) or of any functions under
Schedule 35C.
45

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(5)
Before issuing or revising guidance under subsection (4), the Secretary
of State must consult such persons as he considers appropriate.
(6)
In discharging any duty under subsection (2) and in exercising any
functions under Schedule 35C, a local education authority in England
must have regard to any guidance given from time to time by the
5
Secretary of State under subsection (4).”
(2)
Schedule 9 (which inserts Schedule 35C to EA 1996) has effect.
71
Piloting of school travel scheme provisions
(1)
The school travel scheme provisions are to be piloted in accordance with
regulations made by the Secretary of State.
10
(2)
Regulations under subsection (1) may, in particular, provide for there to be a
limit on the number of school travel schemes which may be in force while the
school travel scheme provisions are being piloted.
(3)
In this section, “the school travel scheme provisions” means section 508E of,
and Schedule 35C to, EA 1996.
15
72
Power to repeal school travel scheme provisions etc
(1)
The Secretary of State must prepare and publish, before 1st January 2012, an
evaluation of the operation and effect of school travel schemes approved under
Schedule 35C to EA 1996.
(2)
The Secretary of State may by order provide for the school travel scheme
20
provisions to cease to have effect in relation to local education authorities with
effect from such date as may be specified in the order.
(3)
The earliest date which may be specified under subsection (2) is 1st August
2012.
(4)
The latest date which may be specified under subsection (2) is 1st August 2015.
25
(5)
Power to make an order under this section includes power to make
consequential amendments and repeals in any enactment, including this Act
and enactments passed or made after the passing of this Act.
(6)
In this section, “the school travel scheme provisions” means section 508E of,
and Schedule 35C to, EA 1996.
30
73
LEAs in England: provision of transport etc for certain adult learners
After section 508E of EA 1996 (inserted by section 70 above) insert—
“508F
LEAs in England: provision of transport etc for certain adult learners
(1)
A local education authority in England must make such arrangements
for the provision of transport and otherwise as they consider necessary,
35
or as the Secretary of State may direct, for the purpose of facilitating the
attendance of qualifying adult learners receiving education or training
at an institution outside both the further education and higher
education sectors.
(2)
“Qualifying adult learners” means adult learners for whom the
40
Learning and Skills Council for England has secured—