rs1812405.647-653

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

647

House of Commons

Wednesday 24th May 2006

Report Stage Proceedings

Education and Inspections Bill, As Amended

[second day]

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

to the closure of special schools

Education of children with special educational needs in mainstream schools

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Negatived  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.

Report Stage Proceedings: 24th May 2006
648

Education and Inspections Bill, continued

(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

Negatived on division  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

Not selected  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,

Report Stage Proceedings: 24th May 2006
649

Education and Inspections Bill, continued

(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

Not called  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,

Report Stage Proceedings: 24th May 2006
650

Education and Inspections Bill, continued

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

Not called  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

Not selected  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

Not called  NC13

To move the following Clause:—

‘Governing bodies of schools maintained by local authorities, academies, city

technology colleges and independent schools must—

Report Stage Proceedings: 24th May 2006
651

Education and Inspections Bill, continued

(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

Not called  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

Not called  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.’.

Report Stage Proceedings: 24th May 2006
652

Education and Inspections Bill, continued

Exemptions related to school performance

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  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

Negatived on division  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

Not called  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

Report Stage Proceedings: 24th May 2006
653

Education and Inspections Bill, continued

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.’.

Professional standards for teachers

Mr Gordon Marsden

Roger Berry

Mrs Janet Dean

Lynne Jones

Not called  NC30

To move the following Clause:—

‘Professional standards for teachers shall require that all those receiving—

(a)
initial teacher training,

(b)
assessment for induction or as a main-scale teacher,

(c)
assessment for threshold or as a senior teacher, or

(d)
assessment for suitability as a head teacher,

shall be required to demonstrate an understanding of special educational needs

and disability legislation.’.

Permanent exclusion of pupils

Mr Gordon Marsden

Roger Berry

John Austin

Lynne Jones

Mrs Joan Humble

Mr Lindsay Hoyle

Not called  NC31

To move the following Clause:—

‘(1)
This section applies in relation to the permanent exclusion of a disabled pupil or

a pupil with special educational needs by any school at which education is

provided for him.

(2)
No such pupil shall be excluded unless a review has been held of—

(a)
the sufficiency and effectiveness of the reasonable adjustments being

made for him if he is a disabled pupil, and

(b)
the special educational provision being made for him if he is a pupil with

special educational needs.’.