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Report Stage Proceedings: 23rd May 2006                  

642

 

Education and Inspections Bill, continued

 
 

(4)    

A home-school contract shall not be capable of creating any obligation in

 

respect of whose breach any liability arises in contract or in tort.”.’.

 


 

Burden of proof in cases of confiscation

 

Sarah Teather

 

Greg Mulholland

 

Annette Brooke

 

Not called  nc72

 

To move the following Clause:—

 

‘(1)    

In any proceedings brought against a person in respect of his seizure or retention

 

of an item in circumstances to which section 86 applies it shall be presumed that

 

such seizure or retention was lawful unless the contrary is shown.

 

(2)    

In any proceedings brought against a person in respect of his disposal of an item

 

in circumstances to which section 86 applies it shall be presumed that the disposal

 

of the item was lawful if the item could not reasonably be restored to its lawful

 

owner or, if a pupil, to that pupil’s parent or guardian without thereby facilitating

 

the commission of an offence or of creating the possibility that further

 

disciplinary action might need to be taken in relation to the pupil.’.

 


 

Duty of local education authorities in relation to exclusions

 

Ms Sally Keeble

 

Mr David Chaytor

 

Dr Alan Whitehead

 

Not selected  nc74

 

To move the following Clause:—

 

‘(1)    

A local education authority must keep under review—

 

(a)    

the policy of each school in the authority’s area in relation to the

 

exclusion of pupils on disciplinary grounds, and

 

(b)    

the numbers of pupils so excluded, whether for a fixed period or

 

permanently.

 

(2)    

In this section “school” means—

 

(a)    

a community, foundation or voluntary school, or

 

(b)    

an Academy, city technology college, or city college for the technology

 

of the arts.’.

 



 
 

Report Stage Proceedings: 23rd May 2006                  

643

 

Education and Inspections Bill, continued

 
 

Admission of excluded pupils

 

Ms Sally Keeble

 

Mr David Chaytor

 

Dr Alan Whitehead

 

Not selected  nc75

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

A local education authority may direct any school in the authority’s area to admit

 

a pupil who has been excluded from any other such school.

 

(2)    

Before making a direction under subsection (1) the local education authority

 

must—

 

(a)    

consult the head teacher of the school to which the direction is to be

 

issued;

 

(b)    

have regard to local policies on exclusion; and

 

(c)    

have regard to the well-being of the pupils who are likely to be affected

 

by the direction, whether directly or indirectly.

 

(3)    

In this section “school” means—

 

(a)    

a community, foundation or voluntary school, or

 

(b)    

an Academy, city technology college or city college for the technology

 

of the arts.’.

 


 

Mr Gordon Marsden

 

Roger Berry

 

John Austin

 

Richard Burden

 

Mrs Janet Dean

 

Mr Lindsay Hoyle

 

Jim Dobbin

 

Lynne Jones

 

Not selected  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

 

Agreed to  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

 

Not called  100

 

Page  64,  line  36  [Clause  81],  after ‘measures’, insert ‘to ensure zero tolerance of

 

disciplinary and behavioural problems’.

 



 
 

Report Stage Proceedings: 23rd May 2006                  

644

 

Education and Inspections Bill, continued

 
 

Mr Gordon Marsden

 

Roger Berry

 

John Austin

 

Richard Burden

 

Mrs Joan Humble

 

Mrs Janet Dean

 

Mr Lindsay Hoyle

 

Jim Dobbin

 

Lynne Jones

 

Not selected  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

 

Agreed to  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

 

Agreed to  60

 

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

 


 

Secretary Alan Johnson

 

Agreed to  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

 

Not selected  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.’.


 
 

Report Stage Proceedings: 23rd May 2006                  

645

 

Education and Inspections Bill, continued

 
 

Mr Gordon Marsden

 

Roger Berry

 

John Austin

 

Richard Burden

 

Mrs Joan Humble

 

Mrs Janet Dean

 

Mr Lindsay Hoyle

 

Jim Dobbin

 

Lynne Jones

 

Not selected  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

 

Agreed to  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

 

Agreed to  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”.


 
 

Report Stage Proceedings: 23rd May 2006                  

646

 

Education and Inspections Bill, continued

 
 

(8)    

After that subsection’.

 


 

Secretary Alan Johnson

 

Agreed to  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

 

Agreed to  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

 

Not called  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.’.

 


 
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