Amendments proposed to the Education and Inspections Bill, As Amended - continued	House of Commons
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Duties in relation to fair access

   

Mr David Chaytor
Angela Eagle
Martin Salter
Mr Nick Raynsford
Mr John Denham
Dr Alan Whitehead

NC 36

To move the following Clause:—

'In section 14 of EA 1996 (functions of local education authorities in relations to the provision of primary and secondary education) after subsection (3A) (inserted by section 2 of this Act) insert—

    "(3B)   A local education authority in England shall exercise their powers under this section with a view to securing fair access for all pupils in their area to opportunities for education according to their educational needs and wellbeing''.'.

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Duties in relation to social inclusion and community cohesion

   

Mr David Chaytor
Mr John Denham

NC 37

To move the following Clause:—

'In section 14 of EA 1996 (functions of local education authorities in relations to the provision of primary and secondary education) after subsection (3B) (inserted by section [Duties in relation to fair access]) of this Act insert—

    "(3C)   A local education authority in England shall exercise their powers under this section with a view to ensuring that the education provided in schools in their area shall contribute to social inclusion and community cohesion in that area and promote equality of opportunity and good relations between persons of different racial groups.''.'.

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Secretary of State's consent for community and community special school proposals

   

Mr David Chaytor
Angela Eagle
Martin Salter
Mr Nick Raynsford
Mr John Denham
Dr Alan Whitehead

NC 38

To move the following Clause:—

'The Secretary of State shall consent to the publication of proposals under subsection 7(5)(b)(ii) or subsection 9(1) as the case may be unless he is satisfied that the proposal so to be published would not result in the improvement of the quality of education for pupils in the area concerned.'.

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Retention of selection by ability or aptitude after parent ballot

   

Mr David Chaytor

NC 39

To move the following Clause:—

    '(1)   'The Secretary of State shall by regulations make such provision as he considers necessary or expedient which may include the repeal, amendment or revocation of any legislation enacted prior to the coming into effect of this Act, for the purposes of giving full effect to the principle set out in subsection (2).

    (2)   The principle referred to in subsection (1) is that no admission arrangements for any school providing secondary education may, following the commencement of a school year on or after 1st August 2010, continue to make provision for the selection of pupils by ability or aptitude other than under section 101 of SSFA 1998 (permitted selection: pupil banding) unless the continuation of such selection has been approved in a ballot of parents of pupils attending primary schools from which such pupils may by choice of their parents transfer.'.

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Independent body to review admission arrangements for secondary education

   

Mr David Chaytor

NC 40

To move the following Clause:—

    '(1)   The Secretary of State shall, not later than six months after the passing of this Act, appoint an independent body to review the arrangements in England relating to the admission of pupils for secondary education in Part 3, Chapter 2 of SSFA 1998 and section 36 of this Act.

    (2)   The Secretary of State shall invite representatives of—

(a)	teacher associations,

(b)	local authorities,

(c)	parent groups,

(d)	employer bodies, and

(e)	such other persons as he considers appropriate,

        to make submissions to the body established under subsection (1); and the report of that body shall be laid before each House of Parliament not later than 1st April 2008.

    (3)   The Secretary of State, at the request of the independent body , may commision research into the admission of pupils for secondary education and related matters.'.

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Secretary of State to implement independent review body report

   

Mr David Chaytor

NC 41

To move the following Clause:—

    '(1)   Following the receipt by him of a report of the body established under section [Independent body to review admission arrangements for secondary education], the Secretary of State shall enter into consultations with such bodies as he considers appropriate on proposals to give effect to the recommendations of that body by a date no later than 1st September 2008.

    (2)   Following such consultations as are mentioned in subsection (1) the Secretary of State may by regulations make such provision as he considers necessary or expedient, which provision may include the repeal, amendment or revocation of any legislation enacted prior to the coming into effect of this Act so as to give effect to proposals whether or not recommended by the body established under section [Independent body to review admission arrangements for secondary education] for the reform of the arrangements for admission to secondary schools in England.'.

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Definition and use of oversubscription criteria

   

Mr David Chaytor

NC 42

To move the following Clause:—

'The requirements referred to in section 84(2) of SSFA 1998 shall include references to the following categories of pupils and these categories shall be taken as the criteria to be applied in the event of oversubscription in the order as set out below—

(a)	children with a statement of special educational needs;

(b)	children in public care;

(c)	children for whom the school is most appropiate on medical or social grounds;

(d)	children whose sibling or siblings will be enrolled at the school on the first day of term and who permanently reside within the area from which the school's intake is normally drawn;

(e)	children for whom the school is the nearest appropriate school to their home;

(f)	safe walking distance from the school;

(g)	ease of access to the school by public transport;

(h)	transfer from a named feeder primary school.'.

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Restriction on oversubscription criteria in code for school admissions

   

Mr David Chaytor

NC 43

To move the following Clause:—

'The requirements referred to in section 84(2) of SSFA 1998 shall exclude the following from the criteria to be applied in the event of oversubscription—

(a)	giving higher priority to children whose parents are more able or willing to support the ethos of the school or to support the school financially or in some other way;

(b)	giving higher priority to children according to the occupational or financial status of their parents;

(c)	giving higher priority to children according to the educational or social group or background of their parents;

(d)	seeking or take account of, in giving priority to a child or in deciding whether or not to offer a place to a child, reports from his primary or nursery school about past behaviour or attitude;

(e)	allocating places at a school on the basis that a sibling or other relative is a former pupil;

(f)	the behaviour of other members of a child's family, whether good or bad, inluding a good or bad attendance record;

(g)	parent's marital status;

(h)	giving priority to children whose parents are staff or governors or who have another connection to the school;

(i)	giving priority to children who (or whose parents) have particular interests, specialist knowledge or hobbies;

(j)	giving priority to children based on the order in which applications were received;

(k)	in the case of grammar schools, giving priority to siblings of pupils.'.

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School governing body to hold meeting of parents on change of category

   

Mr David Chaytor

NC 44

To move the following Clause:—

'Where—

(a)	a local education authority or the governing body of a maintained school wish to consider a proposal to make a prescribed alteration such as is mentioned in subsection 17(2), and

(b)	the local education authority or the governing body is capable of proposing that alteration,

no decision to make the proposal shall be made without there having first been convened by the local authority or the governing body (as the case may be) a meeting at which the parents of pupils registered at the school concerned shall have been provided with the opportunity to discuss and make representations on a draft of the proposal.'.

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Admissions report by local education authority

   

Mr David Chaytor

NC 45

To move the following Clause:—

'After section 85B of SSFA 1998 insert—

    "85C   Admissions report by local education authority

    (1)   A local education authority shall once in every school year make a report to the admission forum containing the following information—

(a)	the authority's plans for acting in accordance with the code for school admissions,

(b)	the proposed admission arrangements for every school, including academies and city colleges, in the local education authority area,

(c)	the number of applications for each year group admitting pupils for each school,

(d)	the number of pupils accepted for each year group and, if oversubscription criteria are used, the number of pupils selected using each oversubscription criterion, and

(e)	the area which the school recruits pupils compared to the area in which the school is situated.

    (2)   The opinion of the local education authority shall be included in the report as to—

(a)	whether the proposed admission arrangements for each school complies with the code for school admissions,

(b)	what changes, if any, each admission authority, or as the case may be the governing body of each academy or city college, should make to their admission arrangements to comply with the code for school admissions,

(c)	the accuracy and appropriateness of information given to parents seeking admission to the school, and

(d)

whether

(i)	the totality of the admission arrangements for the area produces fair access to schools for all pupils, and

(ii)	if not, what further action the authority intends to take to ensure fair access to maintained schools and academies and city colleges.".'.

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Prepared 19 May 2006