Amendments proposed to the - continued House of Commons

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Mr Gordon Marsden
Roger Berry
John Austin
Richard Burden
Mrs Janet Dean
Mr Lindsay Hoyle

Jim Dobbin
Lynne Jones

20

Page     64,     line     9     [Clause     80],     at end insert ', and

      (c) must not delegate responsibility for the policy drawn up under subsection (1) to anyone unless that person has demonstrated an understanding of special educational needs and disability legislation.'.

   

Secretary Alan Johnson

58

Page     64,     line     36     [Clause     81],     leave out from 'measures,' to first 'to' in line 38.

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

100

Page     64,     line     36     [Clause     81],     after 'measures', insert 'to ensure zero tolerance of disciplinary and behavioural problems'.


   

Mr Gordon Marsden
Roger Berry
John Austin
Richard Burden
Mrs Joan Humble
Mrs Janet Dean

Mr Lindsay Hoyle
Jim Dobbin
Lynne Jones

21

Page     65,     line     5     [Clause     81],     at end insert ', and

      (c) show—

      (i) how reasonable adjustments are made, taking account of the particular circumstances of pupils with disabilities, and

      (ii) what special educational provision is made within these measures for pupils with special educational needs, with or without a formal statement.'.

   

Secretary Alan Johnson

59

Page     65,     line     8     [Clause     81],     at end insert—

    '( )   The measures which the head teacher determines under subsection (1) must include the making of rules and provision for disciplinary penalties (as defined by section 82).'.

   

Secretary Alan Johnson

60

Page     65,     line     10     [Clause     81],     after 'measures' insert 'to be'.


   

Secretary Alan Johnson

61

Page     71,     line     37     [Clause     91],     at end insert—

    '(3)   In subsection (2), "prescribed" means prescribed by regulations made by the appropriate person under subsection (1).'.


   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

6

Page     73,     line     3     [Clause     93],     at end insert—

    '(3C)   Where a statement of special educational needs is maintained by the local education authority in respect of a pupil pursuant to section 324, the period following which education referred to in subsection (3A) must be provided must be sufficient to permit the authority to amend or otherwise reassess the statement where required by law.'.

   

Mr Gordon Marsden
Roger Berry
John Austin
Richard Burden
Mrs Joan Humble
Mrs Janet Dean

Mr Lindsay Hoyle
Jim Dobbin
Lynne Jones

22

Page     73,     line     3     [Clause     93],     at end insert—

    '(3C)   The local education authority shall have particular regard to the appropriateness of the educational provision made for excluded pupils where those are disabled pupils or pupils with special educational needs.'.


   

Secretary Alan Johnson

62

Page     74,     line     5     [Clause     95],     leave out from 'offence' to end of line 6 and insert—

    '(3A)   It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable justification for his failure to comply with the duty imposed by subsection (2).'


   

Secretary Alan Johnson

63

Page     77,     line     39     [Clause     100],     leave out from beginning to 'insert' in line 40 and insert—

    '(1)   In section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil), in subsection (1A), omit "without reasonable justification".

    (2)   After that subsection insert—

          "(1B)   It is a defence for a person charged with an offence under subsection (1A) to prove that he had a reasonable justification for his failure to cause the child to attend regularly at the school."

    (3)   In subsection (2) of that section, for "(3)" substitute "(2A)".

    (4)   After subsection (2) insert—

          "(2A)   The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause."

    (5)   In subsection (3) of that section—

      (a) at the end of paragraph (a) insert "or", and

      (b) omit paragraph (b) and the "or" immediately following it.

    (6)   In subsection (6) of that section, for "the parent shall be acquitted if he proves" substitute "it is a defence for the parent to prove".

    (7)   In subsection (7) of that section, for "at a time when he was not" substitute "unless the parent proves that at that time the child was".

    (8)   After that subsection'.


   

Secretary Alan Johnson

64

Page     78,     line     24     [Clause     100],     at end insert—

    '(9)   In subsection (6) of section 444ZA of EA 1996 (application of section 444 to alternative educational provision), for "the parent shall be acquitted if he proves" substitute "it is a defence for the parent to prove".

    (10)   In section 16 of the Crime and Disorder Act 1998 (c. 37), in subsection (4) for the words from "unless" to the end substitute "unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996".'.

   

Secretary Alan Johnson

65

Page     78,     line     24     [Clause     100],     at end insert—

    '(11)   The amendments made by this section, and the entry in Part 1 of Schedule 18 relating to section 444 of EA 1996, do not apply in relation to any failure to attend at a school, or other place in relation to which that section applies, which occurs before the commencement of the amendment in question.'.


NEW CLAUSES AND NEW SCHEDULES RELATING TO GROUPING BY ABILITY

Ability grouping

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

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.'.


REMAINING NEW CLAUSES AND NEW SCHEDULES EXCEPT THOSE RELATING TO SCHOOL ADMISSIONS OR TO THE GENERAL DUTIES OF lOCAL EDUCATION AUTHORITIES IN RELATION TO THE PROVISION OF EDUCATION

Education of children with special educational needs in mainstream schools

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

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—

          (a) the wishes of his parent,

          (b) the provision of efficient education for other children, and

          (c) the efficient use of resources.

          (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—

          (a) a special school, or

          (b) an independent school which is not—

          (i) a city technology college,

          (ii) a city college for the technology of the arts, or

          (iii) a city academy.".'.


Restrictions on special school closures

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

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.'.


Scientifically based research

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

NC6

To move the following Clause:—

    '(1)   The Secretary of State shall have a duty to promote the use of educational activities and programmes which have been shown to be effective through scientifically based research.

    (2)   Where the Secretary of State conducts, commissions or publishes research in relation to educational activities and programmes, he must be satisfied that the research will be scientifically based.

    (3)   The term "scientifically based", in relation to research—

      (a) means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programmes; and

      (b) includes research that—

      (i) employs systematic, empirical methods that draw on observation or experiment,

      (ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn,

      (iii) relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations and across studies by the same or different investigators,

      (iv) is evaluated using experimental or quasi-experimental designs in which individuals, entities, programmes or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls,

      (v) ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings, and

      (vi) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.'.



 
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Prepared 23 May 2006