|
| |
|
(a) | the provision of education or training at the institution in |
| |
| |
(b) | the provision of boarding accommodation under section 13 of |
| |
the Learning and Skills Act 2000 (persons with learning |
| |
| 5 |
(3) | Any transport provided in pursuance of arrangements under |
| |
subsection (1) must be provided free of charge. |
| |
(4) | A local education authority in England may pay the whole or any part, |
| |
as they think fit, of the reasonable travelling expenses of any adult |
| |
learner receiving education or training at an institution outside both the |
| 10 |
further education and higher education sectors for whose transport no |
| |
arrangements are made under subsection (1). |
| |
(5) | In considering whether or not they are required by subsection (1) to |
| |
make arrangements in relation to a particular person, a local education |
| |
authority must have regard, amongst other things, to the age of the |
| 15 |
person and the nature of the routes which he could reasonably be |
| |
| |
(6) | Arrangements made by a local education authority under subsection |
| |
(1) must make provision for persons receiving full-time education or |
| |
training at institutions mentioned in subsection (1) which is no less |
| 20 |
favourable than the provision made in pursuance of the arrangements |
| |
for persons of the same age with learning difficulties (within the |
| |
meaning of section 13 of the Learning and Skills Act 2000) for whom the |
| |
authority secure the provision of education at any other institution. |
| |
(7) | “Adult learner” means a person who is neither a child nor a person of |
| 25 |
| |
(8) | The reference in subsection (7) to a person of sixth form age is to be |
| |
construed in accordance with subsection (1) of section 509AC.” |
| |
74 | Amendment of section 444 of EA 1996 |
| |
(1) | Section 444 of EA 1996 (offence of failing to secure regular attendance at school |
| 30 |
of registered pupil) is amended as follows. |
| |
(2) | After subsection (3) insert— |
| |
“(3A) | Subsection (3B) applies where the child’s home is in England and the |
| |
school at which he is a registered pupil is a qualifying school. |
| |
(3B) | The child shall not be taken to have failed to attend regularly at the |
| 35 |
school if the parent proves— |
| |
(a) | that the school at which the child is a registered pupil is not |
| |
within walking distance of the child’s home, |
| |
(b) | that no suitable arrangements have been made by the local |
| |
education authority for boarding accommodation for him at or |
| 40 |
| |
(c) | that 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 |
| |
| 45 |
|
| |
|
| |
|
(i) | the local education authority have a duty to make travel |
| |
arrangements in relation to the child under section |
| |
508B(1) for the purpose of facilitating the child’s |
| |
attendance at the school and have failed to discharge |
| |
| 5 |
(ii) | the local education authority have a duty to make travel |
| |
arrangements in relation to the child by virtue of |
| |
subsection (2)(c) of section 508E (school travel schemes) |
| |
for the purpose of facilitating the child’s attendance at |
| |
the school and have failed to discharge that duty. |
| 10 |
(3C) | Subsection (3D) applies where the child’s home is in England and the |
| |
school at which he is a registered pupil is a school other than a |
| |
| |
(3D) | The child shall not be taken to have failed to attend regularly at the |
| |
school if the parent proves— |
| 15 |
(a) | that the school at which the child is a registered pupil is not |
| |
within walking distance of the child’s home, |
| |
(b) | that no suitable arrangements have been made by the local |
| |
education authority for boarding accommodation for him at or |
| |
| 20 |
(c) | that 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. |
| |
(3E) | Subsection (4) applies where the child’s home is in Wales.” |
| |
(3) | After subsection (4) insert— |
| 25 |
“(4A) | For the purposes of subsections (3A) to (3D), “qualifying school” has |
| |
the same meaning as it has for the purposes of Schedule 35B (meaning |
| |
of “eligible child” for the purposes of section 508B). |
| |
(4B) | For the purposes of subsection (3B)(d)— |
| |
(a) | the reference to “travel arrangements” in sub-paragraph (i) has |
| 30 |
the same meaning as in section 508B, and |
| |
(b) | the reference to “travel arrangements” in sub-paragraph (ii) has |
| |
the same meaning as in paragraph 3 of Schedule 35C.” |
| |
(4) | In subsections (5) and (6) for “subsection (4)” substitute “subsections (3B), (3D) |
| |
| 35 |
(5) | The amendments made by this section do not apply in relation to any failure of |
| |
a child to attend at a school or other place in relation to which section 444 of EA |
| |
1996 applies which occurs on a day before this section comes into force. |
| |
75 | Learning and Skills Council for England: transport etc for persons of sixth |
| |
| 40 |
(1) | In section 509AA of EA 1996 (provision of transport etc for persons of sixth |
| |
| |
| |
(i) | for “Secretary of State” substitute “appropriate authority”, and |
| |
(ii) | for “he” substitute “it”, |
| 45 |
|
| |
|
| |
|
(b) | after subsection (9) insert— |
| |
“(9A) | The “appropriate authority” means— |
| |
(a) | in the case of a local education authority in England, the |
| |
| |
(b) | in the case of a local education authority in Wales, the |
| 5 |
National Assembly for Wales.”, and |
| |
(c) | in subsection (10), after “Secretary of State” insert “(in relation to local |
| |
education authorities in England) or the National Assembly for Wales |
| |
(in relation to local education authorities in Wales)”. |
| |
(2) | In section 509AB of EA 1996 (further provision about transport policy |
| 10 |
| |
(a) | in subsection (5), for the words from “by the Secretary” to the end |
| |
substitute “under this section— |
| |
(a) | by the Learning and Skills Council for England (in the |
| |
case of an authority in England), or |
| 15 |
(b) | by the National Assembly for Wales (in the case of an |
| |
| |
(b) | in subsection (6)(d), for the words from “by the Secretary” to the end |
| |
substitute “for the purposes of this section by the Learning and Skills |
| |
Council for England (in the case of an authority in England) or the |
| 20 |
National Assembly for Wales (in the case of an authority in Wales).”, |
| |
| |
(c) | after subsection (7) insert— |
| |
“(8) | Any guidance issued by the Learning and Skills Council for |
| |
England under this section must be published in such manner |
| 25 |
as the Council thinks fit.” |
| |
(3) | In section 509AC of EA 1996 (interpretation of sections 509AA and 509AB)— |
| |
(a) | in subsection (6), after “subsection (5)” insert “in relation to its |
| |
application in the case of local education authorities in England”, and |
| |
(b) | after subsection (6) insert— |
| 30 |
“(7) | The National Assembly for Wales may by order amend the |
| |
definition of “academic year” in subsection (5) in relation to its |
| |
application in the case of local education authorities in Wales.” |
| |
(4) | In section 18 of the Learning and Skills Act 2000 (c. 21) (supplementary |
| |
functions of Learning and Skills Council for England), after subsection (5) |
| 35 |
| |
“(6) | The Secretary of State may by order confer or impose on the Council |
| |
such powers or duties falling within subsection (7) as he thinks fit. |
| |
(7) | A power or duty falls within this subsection if it is exercisable in |
| |
| 40 |
(a) | the Secretary of State’s function under section 509AA(9) of the |
| |
Education Act 1996 (power to direct LEA to make arrangements |
| |
additional to those specified in transport policy statement), or |
| |
(b) | any function of the Secretary of State under any of sections 496 |
| |
to 497B of the Education Act 1996 as regards anything done, |
| 45 |
proposed to be done or omitted to be done by a local education |
| |
authority in England under section 509AA or 509AB of that |
| |
| |
|
| |
|
| |
|
76 | LEAs in England: duty to have regard to religion or belief in exercise of travel |
| |
| |
After section 509AC of EA 1996 insert— |
| |
“509AD | LEAs in England: duty to have regard to religion or belief in exercise |
| |
| 5 |
(1) | A local education authority in England must have regard, amongst |
| |
other things, in exercising any of their travel functions in relation to or |
| |
in connection with the travel of a person or persons to or from a school, |
| |
institution or other place, to any wish of a parent of such a person for |
| |
him to be provided with education or training at a particular school, |
| 10 |
institution or other place where that wish is based on the parent’s |
| |
| |
(2) | The “travel functions” of a local education authority in England are |
| |
their functions under any of the following provisions— |
| |
section 508A (duty to promote sustainable modes of travel etc); |
| 15 |
section 508B (travel arrangements for eligible children); |
| |
section 508C (travel arrangements etc for other children); |
| |
section 508E and Schedule 35C (school travel schemes); |
| |
section 508F (transport etc for certain adult learners); |
| |
section 509AA (transport etc for persons of sixth form age). |
| 20 |
(3) | For the purposes of this section— |
| |
(a) | “religion” means any religion, |
| |
(b) | “belief” means any religious or philosophical belief, |
| |
(c) | a reference to religion includes a reference to lack of religion, |
| |
| 25 |
(d) | a reference to belief includes a reference to lack of belief.” |
| |
77 | Further amendments relating to travel to schools etc |
| |
Schedule 10 contains further amendments relating to travel to schools and |
| |
other places where education or training is received. |
| |
Food and drink provided on school premises etc |
| 30 |
78 | Provision of food and drink on school premises etc |
| |
(1) | For section 114 of SSFA 1998 (nutritional standards for school lunches) and the |
| |
cross-heading preceding it substitute— |
| |
“Food and drink provided on school premises etc |
| |
114A | Requirements for food and drink provided on school premises etc |
| 35 |
(1) | Regulations may prescribe requirements which, subject to such |
| |
exceptions as may be provided for by or under the regulations, are to |
| |
be complied with in connection with— |
| |
(a) | food or drink provided on the premises of any school |
| |
maintained by a local education authority, or |
| 40 |
|
| |
|
| |
|
(b) | food or drink provided at a place other than school premises by |
| |
a local education authority or the governing body of a school |
| |
maintained by such an authority to any registered pupil at the |
| |
| |
(2) | Regulations under this section may in particular— |
| 5 |
(a) | specify nutritional standards, or other nutritional requirements, |
| |
which are to be complied with; |
| |
(b) | require that drinking water is to be available, free of charge, on |
| |
the premises of any school maintained by a local education |
| |
| 10 |
(c) | require that specified descriptions of food or drink are not to be |
| |
| |
(3) | Requirements prescribed by virtue of subsection (1)(a) do not apply to |
| |
food or drink brought on to the premises of a school maintained by a |
| |
local education authority where the food or drink is brought on to those |
| 15 |
premises by any person for his own consumption. |
| |
(4) | Where a local education authority or the governing body of a school |
| |
maintained by such an authority provide food or drink— |
| |
(a) | to anyone on the premises of the school, or |
| |
(b) | to any registered pupil at the school at a place other than school |
| 20 |
| |
| that authority or, as the case may be, that governing body must secure |
| |
that any applicable provisions of the regulations are complied with. |
| |
(5) | Subsection (4) applies whether the food or drink is provided in |
| |
pursuance of any statutory requirement or otherwise. |
| 25 |
| |
(a) | food or drink is provided on the premises of a school |
| |
maintained by a local education authority, |
| |
(b) | the provision is by a person (“X”) other than the authority or the |
| |
governing body of the school, and |
| 30 |
(c) | X uses or occupies the whole or a part of the premises in |
| |
circumstances related to a use or occupation agreement made |
| |
(whether by X or any other person) with the authority or the |
| |
| |
| that authority or, as the case may be, that governing body must secure |
| 35 |
that any applicable provisions of the regulations are complied with. |
| |
(7) | A “use or occupation agreement”, in relation to the premises of a |
| |
school, is an agreement or other arrangement relating to the use or |
| |
occupation of the whole or any part of the premises. |
| |
(8) | Without prejudice to the generality of section 138(7), regulations under |
| 40 |
this section may prescribe— |
| |
(a) | different requirements in relation to different classes or |
| |
descriptions of school as specified in the regulations; |
| |
(b) | different requirements in connection with food or drink |
| |
provided by or to different classes or descriptions of person as |
| 45 |
specified in the regulations; |
| |
(c) | requirements which apply during different periods of the day |
| |
as specified in the regulations. |
| |
|
| |
|
| |
|
(9) | A “place other than school premises” means a place other than the |
| |
premises of any school maintained by a local education authority. |
| |
(10) | References in this section to food or drink provided by a local education |
| |
authority or the governing body of a school include references to food |
| |
or drink provided in pursuance of an agreement or other arrangement |
| 5 |
made by such an authority or body for the provision of food or drink.” |
| |
(2) | In section 512(4) of EA 1996 (LEA functions concerning provision of meals), for |
| |
“section 114(2) of the School Standards and Framework Act 1998 (lunches |
| |
provided by LEAs to meet nutritional standards)” substitute “section 114A(4) |
| |
of the School Standards and Framework Act 1998 (requirements for food and |
| 10 |
drink provided on school premises etc)”. |
| |
(3) | Any regulations made under section 114 of SSFA 1998 which have effect |
| |
immediately before the commencement of this section have effect after that |
| |
commencement as if made under section 114A of that Act (as substituted by |
| |
| 15 |
79 | Power to charge for provision of meals etc |
| |
(1) | In section 512ZA of EA 1996 (duty of LEA to charge for meals etc)— |
| |
(a) | in subsection (1), for “shall” substitute “may”, |
| |
(b) | in subsection (2), for “A local education authority shall” substitute |
| |
“Where a local education authority exercise the power to charge under |
| 20 |
subsection (1), they must”, and |
| |
(c) | in the heading, for “Duty” substitute “Power”. |
| |
(2) | In section 533 of EA 1996 (duties of governing bodies with respect to provision |
| |
| |
(a) | in subsection (3), for the words from “shall” to the end substitute “may |
| 25 |
charge for anything so provided.”, |
| |
(b) | after that subsection, insert— |
| |
“(4) | Where the governing body of a school exercise the power to |
| |
charge under subsection (3), they must charge every person the |
| |
same price for the same quantity of the same item.”, and |
| 30 |
(c) | in the heading, for “Duties” substitute “Functions”. |
| |
| |
Discipline, behaviour and exclusion |
| |
| |
| 35 |
Certain schools required to have behaviour policy |
| |
80 | Responsibility of governing body for discipline |
| |
(1) | The governing body of a relevant school must ensure that policies designed to |
| |
promote good behaviour and discipline on the part of its pupils are pursued at |
| |
| 40 |
|
| |
|
| |
|
(2) | In particular, the governing body— |
| |
(a) | must make, and from time to time review, a written statement of |
| |
general principles to which the head teacher is to have regard in |
| |
determining any measures under section 81(1), and |
| |
(b) | where they consider it desirable that any particular measures should be |
| 5 |
so determined by the head teacher or that he should have regard to any |
| |
| |
(i) | shall notify him of those measures or matters, and |
| |
(ii) | may give him such guidance as they consider appropriate. |
| |
(3) | Before making or revising the statement required by subsection (2)(a) the |
| 10 |
governing body must consult (in such manner as appears to them to be |
| |
| |
| |
(b) | such other persons who work at the school (whether or not for |
| |
payment) as it appears to the governing body to be appropriate to |
| 15 |
| |
(c) | parents of registered pupils at the school, and |
| |
(d) | a sample of the registered pupils at the school. |
| |
(4) | In exercising their functions under subsection (2) the governing body must |
| |
have regard to any guidance given from time to time— |
| 20 |
(a) | in relation to England, by the Secretary of State, and |
| |
(b) | in relation to Wales, by the Assembly. |
| |
(5) | In this section and section 81— |
| |
| |
(a) | a community, foundation or voluntary school, |
| 25 |
(b) | a community or foundation special school, |
| |
(c) | a maintained nursery school, |
| |
(d) | a pupil referral unit, or |
| |
(e) | a school approved by the Secretary of State or the Assembly |
| |
under section 342 of EA 1996 (approval of non-maintained |
| 30 |
| |
“governing body”, in relation to a school approved by the Secretary of |
| |
State or the Assembly under section 342 of EA 1996, means the |
| |
proprietor of the school. |
| |
81 | Determination by head teacher of behaviour policy |
| 35 |
(1) | The head teacher of a relevant school must determine measures, which may |
| |
include the making of rules and provision for disciplinary penalties (as defined |
| |
by section 82), to be taken with a view to— |
| |
(a) | promoting, among pupils, self-discipline and proper regard for |
| |
| 40 |
(b) | encouraging good behaviour and respect for others on the part of |
| |
pupils and, in particular, preventing all forms of bullying among |
| |
| |
(c) | securing that the standard of behaviour of pupils is acceptable, |
| |
(d) | securing that pupils complete any tasks reasonably assigned to them in |
| 45 |
connection with their education, and |
| |
(e) | otherwise regulating the conduct of pupils. |
| |
|
| |
|