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| | | (4) | A home-school contract shall not be capable of creating any obligation in |
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| | | respect of whose breach any liability arises in contract or in tort.”.’. |
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| | | Burden of proof in cases of confiscation |
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| | To move the following Clause:— |
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| | | ‘(1) | In any proceedings brought against a person in respect of his seizure or retention |
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| | | of an item in circumstances to which section 86 applies it shall be presumed that |
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| | | such seizure or retention was lawful unless the contrary is shown. |
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| | | (2) | In any proceedings brought against a person in respect of his disposal of an item |
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| | | in circumstances to which section 86 applies it shall be presumed that the disposal |
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| | | of the item was lawful if the item could not reasonably be restored to its lawful |
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| | | owner or, if a pupil, to that pupil’s parent or guardian without thereby facilitating |
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| | | the commission of an offence or of creating the possibility that further |
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| | | disciplinary action might need to be taken in relation to the pupil.’. |
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| | | Duty of local education authorities in relation to exclusions |
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| | To move the following Clause:— |
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| | | ‘(1) | A local education authority must keep under review— |
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| | | (a) | the policy of each school in the authority’s area in relation to the |
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| | | exclusion of pupils on disciplinary grounds, and |
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| | | (b) | the numbers of pupils so excluded, whether for a fixed period or |
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| | | |
| | | (2) | In this section “school” means— |
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| | | (a) | a community, foundation or voluntary school, or |
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| | | (b) | an Academy, city technology college, or city college for the technology |
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| | | Admission of excluded pupils |
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| To move the following Clause:— |
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| | | ‘(1) | A local education authority may direct any school in the authority’s area to admit |
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| | | a pupil who has been excluded from any other such school. |
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| | | (2) | Before making a direction under subsection (1) the local education authority |
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| | | (a) | consult the head teacher of the school to which the direction is to be |
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| | | (b) | have regard to local policies on exclusion; and |
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| | | (c) | have regard to the well-being of the pupils who are likely to be affected |
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| | | by the direction, whether directly or indirectly. |
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| | | (3) | In this section “school” means— |
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| | | (a) | a community, foundation or voluntary school, or |
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| | | (b) | an Academy, city technology college or city college for the technology |
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| | Page 64, line 9 [Clause 80], at end insert ‘, and |
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| | | (c) | must not delegate responsibility for the policy drawn up under subsection |
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| | | (1) to anyone unless that person has demonstrated an understanding of |
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| | | special educational needs and disability legislation.’. |
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| | Page 64, line 36 [Clause 81], leave out from ‘measures,’ to first ‘to’ in line 38. |
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| | Page 64, line 36 [Clause 81], after ‘measures’, insert ‘to ensure zero tolerance of |
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| | disciplinary and behavioural problems’. |
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| | Page 65, line 5 [Clause 81], at end insert ‘, and |
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| | | (i) | how reasonable adjustments are made, taking account of the |
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| | | particular circumstances of pupils with disabilities, and |
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| | | (ii) | what special educational provision is made within these |
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| | | measures for pupils with special educational needs, with or |
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| | | without a formal statement.’. |
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| | Page 65, line 8 [Clause 81], at end insert— |
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| | | ‘( ) | The measures which the head teacher determines under subsection (1) must |
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| | | include the making of rules and provision for disciplinary penalties (as defined by |
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| | Page 65, line 10 [Clause 81], after ‘measures’ insert ‘to be’. |
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| | Page 71, line 37 [Clause 91], at end insert— |
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| | | ‘(3) | In subsection (2), “prescribed” means prescribed by regulations made by the |
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| | | appropriate person under subsection (1).’. |
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| | Page 73, line 3 [Clause 93], at end insert— |
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| | | ‘(3C) | Where a statement of special educational needs is maintained by the local |
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| | | education authority in respect of a pupil pursuant to section 324, the period |
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| | | following which education referred to in subsection (3A) must be provided must |
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| | | be sufficient to permit the authority to amend or otherwise reassess the statement |
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| | Page 73, line 3 [Clause 93], at end insert— |
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| | | ‘(3C) | The local education authority shall have particular regard to the appropriateness |
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| | | of the educational provision made for excluded pupils where those are disabled |
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| | | pupils or pupils with special educational needs.’. |
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| | Page 74, line 5 [Clause 95], leave out from ‘offence’ to end of line 6 and insert— |
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| | | ‘(3A) | It is a defence for a person charged with an offence under subsection (3) to prove |
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| | | that he had a reasonable justification for his failure to comply with the duty |
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| | | imposed by subsection (2).’ |
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| | Page 77, line 39 [Clause 100], leave out from beginning to ‘insert’ in line 40 and |
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| | |
| | | ‘(1) | In section 444 of EA 1996 (offence of failing to secure regular attendance at |
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| | | school of registered pupil), in subsection (1A), omit “without reasonable |
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| | | (2) | After that subsection insert— |
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| | | “(1B) | It is a defence for a person charged with an offence under subsection (1A) |
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| | | to prove that he had a reasonable justification for his failure to cause the |
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| | | child to attend regularly at the school.” |
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| | | (3) | In subsection (2) of that section, for “(3)” substitute “(2A)”. |
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| | | (4) | After subsection (2) insert— |
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| | | “(2A) | The child shall not be taken to have failed to attend regularly at the school |
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| | | by reason of his absence from the school at any time if the parent proves |
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| | | that at that time the child was prevented from attending by reason of |
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| | | sickness or any unavoidable cause.” |
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| | | (5) | In subsection (3) of that section— |
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| | | (a) | at the end of paragraph (a) insert “or”, and |
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| | | (b) | omit paragraph (b) and the “or” immediately following it. |
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| | | (6) | In subsection (6) of that section, for “the parent shall be acquitted if he proves” |
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| | | substitute “it is a defence for the parent to prove”. |
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| | | (7) | In subsection (7) of that section, for “at a time when he was not” substitute “unless |
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| | | the parent proves that at that time the child was”. |
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| | | (8) | After that subsection’. |
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| | Page 78, line 24 [Clause 100], at end insert— |
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| | | ‘(9) | In subsection (6) of section 444ZA of EA 1996 (application of section 444 to |
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| | | alternative educational provision), for “the parent shall be acquitted if he proves” |
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| | | substitute “it is a defence for the parent to prove”. |
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| | | (10) | In section 16 of the Crime and Disorder Act 1998 (c. 37), in subsection (4) for the |
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| | | words from “unless” to the end substitute “unless the child or young person is |
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| | | prevented from attending by sickness or other unavoidable cause or the absence |
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| | | falls within subsection (3) (leave or day set apart for religious observance) of |
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| | | section 444 of the Education Act 1996”.’. |
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| | Page 78, line 24 [Clause 100], at end insert— |
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| | | ‘(11) | The amendments made by this section, and the entry in Part 1 of Schedule 18 |
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| | | relating to section 444 of EA 1996, do not apply in relation to any failure to attend |
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| | | at a school, or other place in relation to which that section applies, which occurs |
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| | | before the commencement of the amendment in question.’. |
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| | New Clauses and New Schedules relating to grouping by ability |
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| | To move the following Clause:— |
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| | | ‘(1) | The governing body of a maintained school must adopt a policy with regard to |
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| | | grouping by ability within the school. |
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| | | (2) | In this section, “grouping by ability” means setting or any other form of grouping |
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| | | in which pupils are allocated to groups on the basis of ability or aptitude. |
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| | | (3) | The head teacher of a maintained school is to have regard to the policy of the |
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| | | governing body in determining the arrangement of classes at that school.’. |
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