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Index of Amendments

          

Amendment Paper as at
Wednesday 24th May 2006

CONSIDERATION OF BILL


New Amendments handed in are marked thus *

EDUCATION AND INSPECTIONS BILL, AS AMENDED

NOTE

The Amendments have been arranged in accordance with the Education and Inspections Bill (Programme) (No. 2).

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.'.


Effective early reading instruction

   

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

NC7

To move the following Clause:—

    '(1)   EA 2002 is amended as follows.

    (2)   In section 84 (curriculum requirements for the first, second and third key stages), after subsection (2) insert—

          "(2A)   The programme of study in English for the first and second key stages shall specify systematic reading instruction using synthetic phonics."

    (3)   In section 83 (curriculum requirements for foundation stage), after subsection (2) insert—

          "(2A)   The Secretary of State shall ensure that early learning goals and educational programmes in communication, language and literacy enable most children to begin high quality, systematic phonic work by the age of five."

    (4)   The Childcare Act 2006 is amended as follows.

    (5)   In section 41, after subsection (3) insert—

          "(3A)   The Secretary of State shall ensure that early learning goals, educational programmes and assessment arrangements in relation to communication, language and literacy enable most children to begin high quality, systematic phonic work by the age of five.".'


Appeal to High Court from the adjudicator

   

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

NC8

To move the following Clause:—

    '(1)   Section 11 of the Tribunals and Inquiries Act 1992 (appeals from certain tribunals) is amended as follows.

    (2)   For "15(a) or (d)" substitute "15(a), (d) or (f)".'.


Coursework

   

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

NC12

To move the following Clause:—

    '(1)   Section 98 of the Learning and Skills Act 2000 is amended as follows.

    (2)   After subsection (3) insert—

          "(3A)   The Secretary of State may not refuse to approve a qualification solely on the grounds that it does not include coursework.".'.


Duty of school governing body in relation to pupils who are young carers of a parent or guardian

   

Sarah Teather
Greg Mulholland
Annette Brooke

NC13

To move the following Clause:—

    'Governing bodies of schools maintained by local authorities, academies, city technology colleges and independent schools must—

      (a) endeavour to identify any pupil who is a young carer of one or both parents or guardians;

      (b) promote the educational welfare of a young carer; and

      (c) ensure that any pupil who is a young carer is supported by a designated teacher or member of staff who is responsible for promoting and co-ordinating such support.'.


Duty of school governing body in relation to pupils in public care

   

Sarah Teather
Greg Mulholland
Annette Brooke

NC14

To move the following Clause:—

    'In relation to any pupil who is in public care, governing bodies of schools maintained by local authorities, academies, city technology colleges and independent schools must—

      (a) ensure that the educational welfare of the pupil is safeguarded and promoted;

      (b) promote and improve the well-being of the looked-after pupil; and

      (c) ensure that any pupil who is looked after in public care is supported by a designated teacher or member of staff who is responsible for promoting and co-ordinating such support.'.


Well-being of homosexual pupils

   

Sarah Teather
Greg Mulholland
Annette Brooke

NC15

To move the following Clause:—

    'The governing body and headteacher of a maintained school shall have a duty to establish effective policies to ensure the safety and emotional well-being of all pupils self-identifying as homosexual or believed by others to be so, promoting the fulfilment by every pupil concerned of his educational potential.'.


Exemptions related to school performance

   

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

NC20

To move the following Clause:—

    'The Secretary of State shall take any action needed to commence the provisions of Chapter 2 of Part 1 of EA 2002 within 12 months of the passage of this Act.'.


Requirements as to composition of governing bodies

   

Sarah Teather
Greg Mulholland
Annette Brooke

NC26

To move the following Clause:—

    '(1)   The governing body of a maintained school, Academy, city technology college or city college for the technology of the arts may comprise—

      (a) foundation governors;

      (b) elected parent governors;

      (c) staff represenatives; and

      (d) community representatives.

    (2)   Foundation schools shall not appoint a majority of governors who are foundation governors and in no case shall governors who are foundation governors outnumber elected parent governors.'.


Duties with respect to young carers

   

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

NC27

To move the following Clause:—

    '(1)   A child or young person is a "young carer" for the purposes of this section if he carries out caring tasks and assumes a level of responsibility for another person which would normally be taken by an adult.

    (2)   The headteacher of a maintained school shall nominate a staff member who shall be responsible for identifying young carers, assessing their educational needs and promoting their well-being.

    (3)   A local education authority shall have a duty to promote co-operation between schools and persons or bodies providing services or exercising functions in relation to adults with a view to supporting children with parents who have health or substance misuse problems, or a disability.

    (4)   Where the Chief Inspector carries out an inspection of a maintained school or local authority he shall inspect the performance by it of its functions under this section.'.



 
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Prepared 24 May 2006