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621

 
 

House of Commons

 
 

Tuesday 23rd May 2006

 

Report Stage Proceedings

 

Education and Inspections Bill, As Amended


 

[first day]


 

NEW CLAUSES and new schedules relating to part 2 except those relating

 

to the closure of special schools

 

Proposals under section 7 relating to community or community special schools

 

Secretary Alan Johnson

 

Added  nc33

 

To move the following Clause:—

 

‘(1)    

A local education authority may by virtue of subsection (5)(b)(ii) of section 7

 

publish proposals under that section for the establishment of a community or

 

community special school—

 

(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.

 

(2)    

The conditions prescribed for the purposes of subsection (1)(a) or (b) must

 

include conditions relating to the standards achieved by the authority in

 

performing the functions to which Chapter 4 of Part 8 (inspection and review of

 

local authorities in England) applies.

 

(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.

 

(4)    

The matters to which the Secretary of State is to have regard in determining

 

whether to give consent under subsection (1)(b) include standards of the kind

 

mentioned in subsections (2) and (3)(a) and 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;


 
 

Report Stage Proceedings: 23rd May 2006                  

622

 

Education and Inspections Bill, continued

 
 

“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

 

Negatived on division  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

 

Not called  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).


 
 

Report Stage Proceedings: 23rd May 2006                  

623

 

Education and Inspections Bill, continued

 
 

(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

 

Not called  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

 

Not called  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.’.

 



 
 

Report Stage Proceedings: 23rd May 2006                  

624

 

Education and Inspections Bill, continued

 
 

Establishment of community schools

 

Mr David Willetts

 

Mr Nick Gibb

 

Mr John Hayes

 

Mr David Evennett

 

Not called  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

 

Not called  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.’.

 



 
 

Report Stage Proceedings: 23rd May 2006                  

625

 

Education and Inspections Bill, continued

 
 

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

 

Not called  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

 

Not called  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.’.

 



 
 

Report Stage Proceedings: 23rd May 2006                  

626

 

Education and Inspections Bill, continued

 
 

Role of the Schools Commissioner

 

Mr Gordon Marsden

 

Gwyn Prosser

 

John Austin

 

Jeff Ennis

 

Mrs Joan Humble

 

Not called  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.

 

(3)    

The Schools Commissioner shall have responsibility for strategic oversight and

 

monitoring of the admissions process in local authority areas, with particular

 

regard to fair access and equitable admission policies for children with special

 

educational needs.

 

(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.’.

 


 

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

 

Not called  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.’.

 



 
 

Report Stage Proceedings: 23rd May 2006                  

627

 

Education and Inspections Bill, continued

 
 

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

 

Mr David Chaytor

 

Gwyn Prosser

 

Not called  NC44

 

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.’.

 


 

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

 

Negatived on division  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

 

Not called  NC56

 

To move the following Clause:—


 
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