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| | Education and Inspections Bill, As Amended
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| | NEW CLAUSES and new schedules relating to part 2 except those relating |
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| | to the closure of special schools |
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| | | Proposals under section 7 relating to community or community special schools |
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| | To move the following Clause:— |
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| | | ‘(1) | A local education authority may by virtue of subsection (5)(b)(ii) of section 7 |
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| | | publish proposals under that section for the establishment of a community or |
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| | | community special school— |
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| | | (a) | only if at a prescribed time prescribed conditions are met in relation to the |
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| | | (b) | except where further prescribed conditions are also met in relation to the |
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| | | authority at that time, only with the consent of the Secretary of State. |
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| | | (2) | The conditions prescribed for the purposes of subsection (1)(a) or (b) must |
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| | | include conditions relating to the standards achieved by the authority in |
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| | | performing the functions to which Chapter 4 of Part 8 (inspection and review of |
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| | | local authorities in England) applies. |
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| | | (3) | The other conditions that may be prescribed for those purposes are conditions |
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| | | relating to either or both of the following— |
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| | | (a) | the standards of performance achieved by any relevant school, and |
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| | | (b) | the extent of diversity among relevant schools. |
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| | | (4) | The matters to which the Secretary of State is to have regard in determining |
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| | | whether to give consent under subsection (1)(b) include standards of the kind |
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| | | mentioned in subsections (2) and (3)(a) and the extent of diversity among relevant |
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| | | (5) | The power by virtue of subsection (2) or (3)(a) to prescribe standards includes |
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| | | power to prescribe them by reference to the opinion of the Chief Inspector or by |
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| | | reference to any rating awarded by the Chief Inspector following an inspection or |
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| | | review under any enactment. |
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| | | “Chief Inspector” means Her Majesty’s Chief Inspector of Education, |
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| | | Children’s Services and Skills; |
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| | | “maintained school” does not include a maintained nursery school; |
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| | | “relevant school”, in relation to a local education authority, means a |
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| | | maintained school maintained by the authority or an Academy, city |
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| | | technology college or city college for the technology of the arts in the |
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| | | Ballot of parents on change of category from community school to foundation school |
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| | | Negatived on division nc16 |
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| | To move the following Clause:— |
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| | | ‘(1) | A proposal for a prescribed alteration involving a change of category from |
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| | | community school to foundation school may be implemented only if the proposal |
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| | | has been approved by a ballot of parents of pupils attending the school to which |
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| | | (2) | The Secretary of State may make regulations about ballots under subsection (1).’. |
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| | | Ballot of parents before publication of proposals under section 7 |
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| | To move the following Clause:— |
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| | | ‘(1) | The local education authority may publish a proposal under section 7 only if the |
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| | | proposal has been approved by a ballot of parents of pupils attending schools |
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| | | which, in the opinion of the local education authority, may be affected by the |
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| | | (2) | The Secretary of State may make regulations about ballots under subsection (1). |
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| | | (3) | Subsection (1) does not apply to a proposal under section 7(5)(b)(ii) for the |
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| | | establishment of a community or community special school.’. |
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| | | Duty to establish new school where current provision is inadequate |
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| | To move the following Clause:— |
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| | | (a) | fewer than 15 per cent. of schools in the area of a local education |
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| | | authority are foundation, voluntary or foundation special schools, or an |
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| | | (b) | more than 15 per cent. of schools in the area of a local authority are in |
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| | | the local authority must publish a notice under section 7 inviting proposals for a |
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| | | new foundation, voluntary or foundation special school.’. |
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| | | Duty to establish new school when supported in adequate numbers |
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| | To move the following Clause:— |
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| | | ‘(1) | Where a local education authority in England receive representations from |
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| | | parents of 100 or more qualifying children demanding the establishment of a new |
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| | | foundation, voluntary or foundation special school, the authority must publish a |
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| | | (2) | In this section “qualifying child”, in relation to a local education authority, means |
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| | | any child in the authority’s area who is of or under compulsory school age.’. |
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| | | Establishment of community schools |
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| | To move the following Clause:— |
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| | | ‘Where the Secretary of State is asked to grant consent for the proposal of a new |
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| | | community school under section 7 or 9, he shall act with a view to encouraging |
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| | | all schools to become foundation, voluntary or foundation special schools, and to |
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| | | Assistance for proposals for new schools |
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| | To move the following Clause:— |
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| | | ‘(1) | A local education authority in England shall provide advice and assistance to |
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| | | parents of children in the area of the authority in connection with developing a |
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| | | proposal for the establishment of a new school under sections 7 and 9. |
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| | | (2) | In particular, the authority shall provide support, which shall include dedicated |
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| | | consultancy support, to parents to ensure that any proposals brought forward are |
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| | | (3) | In exercising its functions under this section, the authority shall act with a view |
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| | | to ensuring the development of viable proposals by parents. |
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| | | (4) | An authority may not refuse to assist a parent solely on the grounds that the |
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| | | original proposal is underdeveloped, unworkable or in practical respects |
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| | | Parental ballot etc. on change of category from foundation school to community school |
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| | To move the following Clause:— |
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| | | ‘(1) | If it appears to the Secretary of State that at least one-fifth of the parents of pupils |
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| | | attending a foundation (or foundation special) school are in favour of a change of |
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| | | the category of that school to community (or community special) school, the |
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| | | Secretary of State must designate such person or body as he considers appropriate |
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| | | (“the designated body”) to act for the purposes of this section. |
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| | | (2) | The Secretary of State may, if he sees fit, designate the governing body of the |
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| | | school or the local education authority as the designated body. |
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| | | (3) | The designated body must initiate a proposal for the change of category referred |
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| | | (4) | The Secretary of State may by regulations make such provision as he considers |
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| | | exepedient to amend, vary or supplement the provisions of this Part in relation to |
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| | | proposals under subsection (3). |
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| | | (5) | A proposal under subsection (3) may be implemented only if the proposal has |
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| | | been approved by a ballot of parents of pupils attending the school to which the |
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| | | (6) | The Secretary of State may make regulations about ballots under subsection (5).’. |
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| | | Duties of the Schools Commissioner |
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| | To move the following Clause:— |
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| | | ‘(1) | The Schools Commissioner shall establish and make publicly available a list of |
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| | | potential trustees whom he has approved as appropriate for the role in accordance |
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| | | with guidance from the Secretary of State. |
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| | | (2) | A local education authority shall not consider any proposals under sections 7, 9 |
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| | | or 10 or alterations under sections 17 or 20 made by organisations other than |
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| | | those approved and listed by the Schools Commissioner. |
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| | | (3) | School governing bodies shall not enter negotiations or foundation agreements |
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| | | with trustee partners who have not been approved by the Schools |
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| | | Role of the Schools Commissioner |
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| | To move the following Clause:— |
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| | | ‘(1) | The Schools Commissioner shall promote fair access, choice, and diversity for all |
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| | | (2) | The Schools Commissioner shall provide advice and assistance to governing |
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| | | bodies and local education authorities in respect of— |
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| | | (a) | setting up new foundation schools, and |
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| | | (b) | an alteration of a maintained school to the category of foundation school, |
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| | | particularly with regard to supporting schools and raising standards in |
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| | | disadvantaged or deprived areas. |
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| | | (3) | The Schools Commissioner shall have responsibility for strategic oversight and |
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| | | monitoring of the admissions process in local authority areas, with particular |
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| | | regard to fair access and equitable admission policies for children with special |
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| | | (4) | The Schools Commissioner shall monitor the collaboration and co-operation |
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| | | among new foundation schools. |
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| | | (5) | The Schools Commissioner shall report annually to both Houses of Parliament |
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| | | and, in particular, to the Education and Skills Committee of the House of |
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| | | Commons on his responsibilities and on his annual report.’. |
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| | | Secretary of State’s consent for community and community special school proposals |
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| | To move the following Clause:— |
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| | | ‘The Secretary of State shall consent to the publication of proposals under |
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| | | subsection 7(5)(b)(ii) or subsection 9(1) as the case may be unless he is satisfied |
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| | | that the proposal so to be published would not result in the improvement of the |
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| | | quality of education for pupils in the area concerned.’. |
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| | | School governing body to hold meeting of parents on change of category |
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| | To move the following Clause:— |
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| | | (a) | a local education authority or the governing body of a maintained school |
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| | | wish to consider a proposal to make a prescribed alteration such as is |
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| | | mentioned in subsection 17(2), and |
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| | | (b) | the local education authority or the governing body is capable of |
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| | | proposing that alteration, |
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| | | no decision to make the proposal shall be made without there having first been |
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| | | convened by the local authority or the governing body (as the case may be) a |
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| | | meeting at which the parents of pupils registered at the school concerned shall |
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| | | have been provided with the opportunity to discuss and make representations on |
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| | | a draft of the proposal.’. |
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| | | Duty to encourage schools to become self-governing and to acquire a trust |
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| | | Negatived on division NC53 |
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| | To move the following Clause:— |
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| | | ‘(1) | A person to whom this section applies shall ensure that their functions relating to |
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| | | maintained schools are (so far as they are capable of being exercised) exercised |
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| | | with a view to encouraging all maintained schools to become self-governing, and |
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| | | (2) | In this section “self-governing” in relation to a maintained school means a |
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| | | foundation, voluntary aided or foundation special school, or an Academy. |
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| | | (3) | This section applies to— |
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| | | (a) | a local education authority in England; |
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| | | (b) | the Secretary of State.’. |
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| | | Abolition of surplus places rule |
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| | To move the following Clause:— |
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