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| (a) | only if at a prescribed time prescribed conditions are met in relation to the authority, and |
| (b) | except where further prescribed conditions are also met in relation to the authority at that time, only with the consent of the Secretary of State. |
(3) The other conditions that may be prescribed for those purposes are conditions relating to either or both of the following—
| (a) | the standards of performance achieved by any relevant school, and |
| (b) | 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.'.
Ballot of parents on change of category from community school to foundation school
Mr John Grogan
Jon Trickett
Mr David Chaytor
Helen Jones
Mr Joan Humble
John McDonnell
| Martin Salter | David Taylor | John Austin |
| Richard Burden | Mr Andrew Dismore | Paul Farrelly |
| Angela Eagle | Colin Challen | Jim Dobbin |
NC16
To move the following Clause:—'(1) A proposal for a prescribed alteration involving a change of category from community school to foundation school may be implemented only if the proposal has been approved by a ballot of parents of pupils attending the school to which the proposal relates.
(2) The Secretary of State may make regulations about ballots under subsection (1).'.
Ballot of parents before publication of proposals under section 7
Jon Trickett
Mr John Grogan
Mr David Chaytor
Helen Jones
Mrs Joan Humble
John McDonnell
| David Taylor | John Austin | Mr Andrew Dismore |
| Paul Farrelly | Angela Eagle | Jim Dobbin |
| Colin Challen |
NC17
To move the following Clause:—'(1) The local education authority may publish a proposal under section 7 only if the proposal has been approved by a ballot of parents of pupils attending schools which, in the opinion of the local education authority, may be affected by the proposal.
(2) The Secretary of State may make regulations about ballots under subsection (1).
(3) Subsection (1) does not apply to a proposal under section 7(5)(b)(ii) for the establishment of a community or community special school.'.
Duty to establish new school where current provision is inadequate
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
NC18
To move the following Clause:—
- 'Where—
| (a) | fewer than 15 per cent. of schools in the area of a local education authority are foundation, voluntary or foundation special schools, or an Academy, or |
| (b) | more than 15 per cent. of schools in the area of a local authority are in Ofsted category 4, |
- the local authority must publish a notice under section 7 inviting proposals for a new foundation, voluntary or foundation special school.'.
Duty to establish new school when supported in adequate numbers
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
NC19
To move the following Clause:—'(1) Where a local education authority in England receive representations from parents of 100 or more qualifying children demanding the establishment of a new foundation, voluntary or foundation special school, the authority must publish a notice under section 7.
(2) In this section "qualifying child", in relation to a local education authority, means any child in the authority's area who is of or under compulsory school age.'.
Establishment of community schools
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
NC21
To move the following Clause:—
- 'Where the Secretary of State is asked to grant consent for the proposal of a new community school under section 7 or 9, he shall act with a view to encouraging all schools to become foundation, voluntary or foundation special schools, and to acquire a foundation.'.
Assistance for proposals for new schools
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
NC22
To move the following Clause:—'(1) A local education authority in England shall provide advice and assistance to parents of children in the area of the authority in connection with developing a proposal for the establishment of a new school under sections 7 and 9.
(2) In particular, the authority shall provide support, which shall include dedicated consultancy support, to parents to ensure that any proposals brought forward are viable.
(3) In exercising its functions under this section, the authority shall act with a view to ensuring the development of viable proposals by parents.
(4) An authority may not refuse to assist a parent solely on the grounds that the original proposal is underdeveloped, unworkable or in practical respects substandard.'.
Parental ballot etc. on change of category from foundation school to community school
Jon Trickett
Mr John Grogan
Helen Jones
Mr David Chaytor
Jim Dobbin
Graham Stringer
| Martin Salter | David Taylor | John Austin |
| Mr Andrew Dismore | Colin Challen |
NC23
To move the following Clause:—'(1) If it appears to the Secretary of State that at least one-fifth of the parents of pupils attending a foundation (or foundation special) school are in favour of a change of the category of that school to community (or community special) school, the Secretary of State must designate such person or body as he considers appropriate ("the designated body") to act for the purposes of this section.
(2) The Secretary of State may, if he sees fit, designate the governing body of the school or the local education authority as the designated body.
(3) The designated body must initiate a proposal for the change of category referred to in subsection (1).
(4) The Secretary of State may by regulations make such provision as he considers exepedient to amend, vary or supplement the provisions of this Part in relation to proposals under subsection (3).
(5) A proposal under subsection (3) may be implemented only if the proposal has been approved by a ballot of parents of pupils attending the school to which the proposal relates.
(6) The Secretary of State may make regulations about ballots under subsection (5).'.
Duties of the Schools Commissioner
Sarah Teather
Greg Mulholland
Annette Brooke
NC25
To move the following Clause:—'(1) The Schools Commissioner shall establish and make publicly available a list of potential trustees whom he has approved as appropriate for the role in accordance with guidance from the Secretary of State.
(2) A local education authority shall not consider any proposals under sections 7, 9 or 10 or alterations under sections 17 or 20 made by organisations other than those approved and listed by the Schools Commissioner.
(3) School governing bodies shall not enter negotiations or foundation agreements with trustee partners who have not been approved by the Schools Commissioner.'.
Role of the Schools Commissioner
Mr Gordon Marsden
Gwyn Prosser
John Austin
Jeff Ennis
Mrs Joan Humble
NC35
To move the following Clause:—'(1) The Schools Commissioner shall promote fair access, choice, and diversity for all maintained schools.
(2) The Schools Commissioner shall provide advice and assistance to governing bodies and local education authorities in respect of—
| (a) | setting up new foundation schools, and |
| (b) | an alteration of a maintained school to the category of foundation school, particularly with regard to supporting schools and raising standards in disadvantaged or deprived areas. |
(4) The Schools Commissioner shall monitor the collaboration and co-operation among new foundation schools.
(5) The Schools Commissioner shall report annually to both Houses of Parliament and, in particular, to the Education and Skills Committee of the House of Commons on his responsibilities and on his annual report.'.
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| ©Parliamentary copyright 2006 | Prepared 23 May 2006 |