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NOTICES OF AMENDMENTSgiven up to and includingFriday 19th May 2006New Amendments handed in are marked thus * CONSIDERATION OF BILL
NEW CLAUSESProposals under section 7 relating to community or community special schools
Secretary Alan Johnson NC33 To move the following Clause:—'(1) A local education authority may by virtue of subsection (5)(b)(ii) of section 7 publish proposals under that section for the establishment of a community or community special school—
(2) The conditions prescribed for the purposes of subsection (1)(a) or (b) must include conditions relating to the standards achieved by the authority in performing the functions to which Chapter 4 of Part 8 (inspection and review of local authorities in England) applies. (3) The other conditions that may be prescribed for those purposes are conditions relating to either or both of the following—
(4) The matters to which the Secretary of State is to have regard in determining whether to give consent under subsection (1)(b) include standards of the kind mentioned in subsections (2) and (3)(a) and the extent of diversity among relevant schools. (5) The power by virtue of subsection (2) or (3)(a) to prescribe standards includes power to prescribe them by reference to the opinion of the Chief Inspector or by reference to any rating awarded by the Chief Inspector following an inspection or review under any enactment. (6) In this section— "Chief Inspector" means Her Majesty's Chief Inspector of Education, Children's Services and Skills; "maintained school" does not include a maintained nursery school; "relevant school", in relation to a local education authority, means a maintained school maintained by the authority or an Academy, city technology college or city college for the technology of the arts in the area of the authority.'.
Offences relating to independent schools
Secretary Alan Johnson NC34 To move the following Clause:—'(1) Part 10 of EA 2002 (independent schools) is amended as follows. (2) After section 168 insert— "168A Proceedings for offences No proceedings for an offence under this Chapter shall be instituted except by or with the consent of the registration authority. 168B Offences by bodies corporate (1) Where an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director of a body corporate. 168C Offences by unincorporated bodies (1) Proceedings for an offence alleged to have been committed under this Chapter by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation. (2) A fine imposed on an unincorporated body on its conviction of an offence under this Chapter is to be paid out of the funds of that body. (3) If an unincorporated body is charged with an offence under this Chapter, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation) apply as they do in relation to a body corporate. (4) Where an offence under this Chapter committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly. (5) Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly." (3) In section 159 (unregistered schools), omit subsection (3). (4) Sections 168B and 168C of EA 2002 do not have effect in relation to offences committed before the commencement of this section.'.
Duty in relation to allegations against teachers
Mr David Willetts NC1 To move the following Clause:—'(1) This section applies where it is alleged that a teacher or member of staff, inlcuding a volunteer at an educational institution providing education for persons under 18 years of age, has—
(2) Any person involved in investigating such an allegation must act with a view to ensuring the confidentiality of any information that might identify—
(3) The governing body of a maintained school shall in particular ensure that policies and procedures in relation to allegations against teachers or members of staff provide for disciplinary action to be taken against any teacher or member of staff who discloses any information to which subsection (2) applies without the express authorisation of the governing body. (4) This section ceases to apply—
Acceptance of school rules a condition of admission
Mr David Willetts NC2 To move the following Clause:—'An admission authority may make it a condition of a child's admission to a school that the parent of a child agrees to secure compliance with any school rules made by the headteacher of that school.'.
Ability grouping
Mr David Willetts NC3 To move the following Clause:—'(1) The governing body of a maintained school must adopt a policy with regard to grouping by ability within the school. (2) In this section, "grouping by ability" means setting or any other form of grouping in which pupils are allocated to groups on the basis of ability or aptitude. (3) The head teacher of a maintained school is to have regard to the policy of the governing body in determining the arrangement of classes at that school.'.
Education of children with special educational needs in mainstream schools
Mr David Willetts NC4 To move the following Clause:—'In EA 1996, for section 316 substitute:— "316 Education of children with special educational needs in mainstream schools (1) This section applies to a child with special educational needs who should be educated in a mainstream school. (2) If no statement is maintained under section 324 for the child, he should ordinarily be educated in a mainstream school. (3) If a statement is maintained under section 324 for the child, any person exercising any functions under this Part in respect of a child with special educational needs shall ensure that he is educated in either a mainstream school or a special school, having due regard to—
(4) Any person exercising any function under this Part must ensure the parents of a child with special educational needs are given sufficient information about the possible options open to them, including both special schools and mainstream provision. (5) A child with special educational needs being provided for under section (3) above shall not be educated in a mainstream school if that is incompatible with the wishes of his parents. (6) In this section and section 316A 'mainstream school' means any school other than—
Restrictions on special school closures
Mr David Willetts NC5 To move the following Clause:—'(1) No special school shall be closed by a local education authority without the consent of the Secretary of State. (2) The Secretary of State shall only consent to the closure of a special school if there are places at nearby special schools in sufficient number and sufficient quality to replace the school adequately.'.
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