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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
Roger Berry
| Judy Mallaber
| Nia Griffith |
Mr David Anderson
| Mrs Janet Dean
| Mr Mark Todd |
Joan Ruddock
| Ms Dawn Butler
| Joan Walley |
Richard Burden
| Colin Challen
| Gwyn Prosser
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NC38
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.'.
School governing body to hold meeting of parents on change of category
Mr David Chaytor
Gwyn Prosser
NC44
To move the following Clause:—
| (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.'.
Duty to encourage schools to become self-governing and to acquire a trust
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
NC53
To move the following Clause:—
'(1) A person to whom this section applies shall ensure that their functions relating to maintained schools are (so far as they are capable of being exercised) exercised with a view to encouraging all maintained schools to become self-governing, and to acquire a foundation.
(2) In this section "self-governing" in relation to a maintained school means a foundation, voluntary aided or foundation special school, or an Academy.
(3) This section applies to—
| (a) | a local education authority in England; |
| (b) | the Secretary of State.'. |
Abolition of surplus places rule
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
NC56
To move the following Clause:—
'A local education authority in England may not reject a proposal for the establishment or alteration of a maintained school solely on the grounds that it would create surplus places at other schools in the area.'.
Prohibition on the establishment of new community schools
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
NC57
To move the following Clause:—
'No new community or community special school may be established in England after the coming into force of this Act.'.
Role of local authorities
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
NC58
To move the following Clause:—
'(1) A local authority in England may not publish its own proposal for the establishment of new community schools.
(2) In exercising its functions in relation to school organisation a local authority in England must act with a view to commissioning school places rather than providing them directly.'.
Schools Commissioner
Mr Rob Wilson
NC61
To move the following Clause:—
'(1) There shall be a Schools Commissioner.
(2) The Schools Commissioner shall have a duty to encourage schools to become Trust schools.
(3) For the purposes of subsection (2), a Trust school is a foundation school with a foundation.'.
Power of Secretary of State to require a school to become a foundation school
Mr Rob Wilson
NC62
To move the following Clause:—
'(1) If the Secretary of State determines that education at a school is unsatisfactory, he may by order require the governing body of a school to acquire foundation status.
(2) Where the Secretary of State issues an order under subsection (1), the governing body of the school shall publish proposals in accordance with sections 18 to 20.'.
Adoption of foundation status
Mr Edward Leigh
Mr Brian Binley
NC64
To move the following Clause:—
'All existing maintained schools may apply to the Secretary of State to adopt foundation status, and the Secretary of State shall grant such foundation status unless there are overriding circumstances which make this impossible.'.
Status and regulation of foundation schools
Mr Edward Leigh
Mr Brian Binley
NC65
To move the following Clause:—
'All foundation schools, both existing schools adopting foundation status and newly established schools, shall have charitable status and shall be subject to no more than the regulations applicable to the independent schools, with the exception that they may not charge fees.'.
NEW CLAUSES AND NEW SCHEDULES RELATING TO FOUNDATIONS
Register of institutions approved to act as a foundation of a school
Mr David Chaytor
Angela Eagle
Martin Salter
Mr Nick Raynsford
Mr John Denham
Dr Alan Whitehead
John Austin
| Jeff Ennis
| Judy Mallabar |
Ms Dawn Butler
| Lynne Jones
| Paul Farrelly |
Nia Griffith
| Mr David Anderson
| Mr Mark Todd |
Mr Andrew Dismore
| Joan Ruddock
| Joan Walley |
Richard Burden
| Colin Challen
| Roger Berry |
Gwyn Prosser
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NC48
To move the following Clause:—
'(1) The Secretary of State shall establish and maintain a register of all institutions approved by him to act as or take part in the foundation of a foundation school.
(2) In considering whether to approve an institution under this section, the Secretary of State shall consider evidence that the institution is—
| (a) | capable of contributing to the raising of school standards, |
| (b) | capable of promoting community cohesion, |
| (c) | not involved in activities inappropriate for children and young people, |
| (d) | capable of conforming to the charitable objectives of the foundation, and |
| (e) | able to demonstrate that its trustees are not involved in illegal activities or any other activities incompatible with the good reputation of any school of which it may be the foundation or in the foundation of which it may participate. |
(3) An institution may not act as nor take any part in the foundation of a foundation school unless registered as approved by the Secretary of State under this section.
(4) Regulations under this section may make provision as to—
| (a) | the form and manner in which applications for registration are to be made; |
| (b) | the documentary and other evidence which is to accompany applications for registration; |
| (c) | the registration, on the establishment of the register, of institutions which have not made such applications; |
| (d) | the matters which are to be recorded in the register against the institutions registered in it; |
| (e) | the restoration and alteration of entries; |
| (f) | the information contained in the register which may be made available for inspection by members of the public, and the circumstances in which and the conditions subject to which that information may be made available; and |
| (g) | such other matters as may be determined by the Secretary of State.'. |
Mr Gordon Marsden
88
Page 7, line 2 [Clause 7], at end insert—
| '(ba) | state whether or not the proposed school is to be a federated school'. |
Secretary Alan Johnson
42
Page 7, line 18 [Clause 7], leave out 'with the consent of the Secretary of State' and insert 'if section (Proposals under section 7 relating to community or community special schools) permits them to do so'.
Sarah Teather
John Grogan
Greg Mulholland
Annette Brooke
15
Page 7, line 18 [Clause 7], leave out 'with the consent of the Secretary of State,'.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
101
Page 7 [Clause 7], leave out lines 18 to 20.
Jon Trickett
Mr John Grogan
Mr David Chaytor
Helen Jones
Mrs Joan Humble
John McDonnell
Martin Salter
| John Austin
| Mr Andrew Dismore |
Paul Farrelly
| Jim Dobbin
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5
Page 7, line 28 [Clause 8], leave out subsection (1).
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
102
Page 7 [Clause 9], leave out line 39.
Mr Rob Wilson
111
Page 8, line 6 [Clause 9], at end insert—
'(2A) The Secretary of State shall not give consent for the establishment of a new community or community special school under subsection (1)(a) above unless—
| (a) | no other provider expresses an interest in establishing a similar school, and |
| (b) | the local authority is rated "very good" or "good" by Ofsted.'. |
Mr Gordon Marsden
89
Page 9, line 28 [Clause 11], leave out '7, 9 or 10' and insert '9 and 10(1)'.
Mr Gordon Marsden
90
Page 9, line 31 [Clause 11], at end insert—
'(1A) Proposals under section 7 or 10(2) for the establishment of a new school in England must relate to the establishment of the school as a federated school.'.
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