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| | Thursday 28th February 2008 |
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| | Education and Skills Bill, As Amended |
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| | | Abolition of appeals against permanent exclusion of pupils |
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| | To move the following Clause:— |
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| | | ‘(1) | The Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) |
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| | | Regulations 2002 is amended as follows. |
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| | | (2) | Omit regulation 6 and the Schedule to the regulations.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | An admission authority may make it a condition of a child’s admission to a school |
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| | | that the parent of a child agrees to secure compliance with any school rules made |
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| | | by the head teacher and governors of that school. |
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| | | (2) | In this section “admission authority” has the same meaning as in section 88 of the |
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| | | School Standards and Framework Act 1998.’. |
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| | | Establishment of new schools other than community schools |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 7 of the Education and Skills Act 2006 is amended as follows. |
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| | | (2) | Omit subsection (5)(b)(ii) and the word “or” immediately preceding it.’. |
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| | | Duty in relation to local demand for more good schools |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 2 of the Education and Inspections Act 2006 is amended as follows. |
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| | | (2) | After subsection (3A)(b) insert “, and |
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| | | (c) | responding to local demand for more good schools.”’. |
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| | | Restrictions on special school closures |
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| | To move the following Clause:— |
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| | | ‘(1) | No special school shall be closed by a local authority without the consent of the |
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| | | (2) | The Secretary of State may consent to the closure of a special school only if there |
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| | | are places at nearby special schools in sufficient number and sufficient quality to |
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| | | replace the school adequately.’. |
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| | | Learning and support contracts |
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| | To move the following Clause:— |
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| | | ‘(1) | This section applies where a person to whom this Part applies (“the young |
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| | | person”) is failing to fulfil the duty imposed by section 2. |
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| | | (2) | A local education authority in England may enter into a learning and support |
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| | | contract with the young person if— |
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| | | (a) | the young person is resident in England, and |
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| | | (b) | the authority considers that entering into the learning and support |
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| | | contract would be desirable in the interests of the young person’s |
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| | | (3) | A learning and support contract is a document which contains— |
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| | | (a) | a statement by the young person that the young person agrees to comply |
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| | | with such requirements as may be specified in the document for such |
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| | | period as so may be specified, and |
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| | | (b) | a statement by the local education authority that it agrees to provide |
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| | | support to the young person for the purpose of complying with those |
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| | | (4) | A learning and support contract must be signed by the young person, and signed |
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| | | on behalf of the local education authority. |
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| | | (5) | A learning and support contract does not create any obligations in respect of |
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| | | whose breach any liability arises in contract or tort.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | The set of qualifications specified in subsection (2) is approved for the purpose |
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| | | of section 96 of the Learning and Skills Act 2000. |
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| | | (2) | The set of qualifications referred to in subsection (1) is the International General |
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| | | Certificate of Secondary Education in any subject awarded by— |
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| | | (a) | University of Cambridge International Examinations, |
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| | | (b) | Edexcel International Examinations, or |
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| | | (c) | any other awarding body that the Secretary of State may by regulations |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 85 of the Education Act 2002 is amended as follows. |
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| | | (2) | After subsection (5) insert— |
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| | | “(5A) | A pupil in the fourth key stage is entitled, if he so elects, to follow a |
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| | | course of study in science that leads to separate qualifications in— |
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| | Page 1, line 10 [Clause 1], at end insert ‘, and |
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| | | (d) | is not engaged in full-time sport or on a sporting apprenticeship.’. |
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| | Page 1, line 10 [Clause 1], at end insert ‘, and |
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| | | (d) | has not written to the relevant local authority to request that their |
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| | | education and training entitlement under section 4 should be delayed |
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| | | until a specified future date.’. |
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| | Page 1, line 10 [Clause 1], at end insert ‘, and |
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| | | (d) | is not engaged in voluntary activity for more than 20 hours per week.’. |
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| | Page 1, line 10 [Clause 1], at end insert ‘, and |
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| | | (d) | is not a parent of a child who is aged 1 year or less.’. |
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| | Page 2, line 3 [Clause 2], at end insert ‘, or |
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| | | (d) | have signed and be participating in a learning and support contract |
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| | | entered into with a local education authority to provide personalised |
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| | | support leading to future participation in accredited education or |
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| | Page 2, line 3 [Clause 2], at end insert ‘, or |
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| | | (d) | be in receipt of full-time non-educational support.’. |
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| | Page 1, line 17 [Clause 2], leave out paragraph (c) and insert— |
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| | | ‘(c) | be in full-time occupation (see section 5).’. |
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| | Page 1, line 12 [Clause 2], leave out from ‘applies’ to end of line 3 on page 2 and |
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| | insert ‘shall be entitled to 2 years of free education or training up to level 3, to be taken at |
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| | any time after leaving education at the present compulsory school leaving age.’. |
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| | Page 2, line 11 [Clause 2], at end insert— |
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| | | ‘(3) | This section may not come into force until the Secretary of State has published an |
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| | | assessment of the availability of suitable education and training opportunities in |
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| | | each local authority area.’. |
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| | Page 2 [Clause 4], leave out lines 34 and 35. |
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| | Page 2, line 32 [Clause 4], after ‘ability’, insert ‘, interests’. |
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| | Page 2, line 41 [Clause 4], at end insert— |
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| | | ‘(4) | Regulations must provide for “appropriate full-time education or training” |
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| | | (a) | is not in formal educational institutions, |
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| | | (c) | includes personalised support for non-educational needs.’. |
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| | Page 4, line 6 [Clause 6], leave out from ‘Part’ to end of line 7 and insert ‘training |
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| | or education in relation to any person to whom this Part applies shall be regarded as |
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| | “relevant” if and only if it is— |
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| | | (a) | training or education towards an accredited qualification provided by a |
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| | | (b) | in-house training provided by an employer, or |
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| | | (c) | training or education which, if the person concerned were participating in |
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| | | full time education or training, would be considered appropriate having |
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| | | regard to the person’s age, ability, interests and aptitude, and any learning |
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| | | difficulties which the person may have.’. |
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| | Page 6, line 2 [Clause 10], at end insert— |
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| | | ‘(2) | None of the provisions in Part 4 shall take effect until each local authority in |
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| | | England has secured sufficient and appropriate supply of educational, training |
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| | | and support services, including for persons with special educational needs, so as |
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| | | to promote the effective participation in education and training of persons |
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| | | belonging to its area to whom this Part applies.’. |
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| | Page 6, line 14 [Clause 11], at end insert— |
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| | | ‘(e) | a special school which is not a community or foundation special school |
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| | | but is for the time being approved by the Secretary of State under section |
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| | | 342 of the Education Act 1996 (c.56) (approval of special schools).’. |
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| | Page 8, line 13 [Clause 14], at end insert ‘which relates directly to the pupil or |
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| | student’s educational record, and educational and support needs.’. |
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| | Page 9, line 22 [Clause 16], after ‘functions’, insert ‘solely in relation to providing |
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| | Page 9, line 21 [Clause 16], after ‘person’, insert ‘whose written consent for this |
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| | supply of information has been sought and given.’. |
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| | Page 11, line 37 [Clause 21], leave out from ‘applies’ to end of line 11 on page 12 |
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| | and insert ‘who has not either attained a level 3 qualification or who is not in certified or |
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| | in-house education or training.’. |
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| | Page 24, line 29 [Clause 43], at end insert— |
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| | | ‘(4) | In considering an appeal the attendance panel must invite the young person who |
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| | | is appealing against the attendance notice, or the young person’s nominated |
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| | | representative, to make representations to it.’. |
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| | Page 27, line 19 [Clause 48], at end insert— |
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| | | ‘(4) | In considering an appeal the attendance panel must invite the young person who |
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| | | is appealing against the penalty notice, or the young person’s nominated |
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| | | representative, to make representations to it.’. |
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| | Page 23, line 23 [Clause 41], at end insert ‘, having regard to a person’s age, |
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| | ability, interests, aptitudes and needs (if any) for personalised support and personalised |
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| | learning opportunities.’. |
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| | Page 23, line 38 [Clause 42], at end insert— |
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| | | ‘(1A) | The regulations shall provide for a duty on local authorities to make available |
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| | | independent advocacy services for those young people who would benefit from |
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| | Page 25, line 19 [Clause 45], at end insert— |
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| | | ‘(2A) | It is a defence for a person charged with an offence under subsection (1) to show |
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| | | (a) | in treatment for a serious medical condition, |
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| | | (c) | caring for a family member who is seriously ill, or |
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| | | (d) | unlikely to benefit from the education, training or service offered.’. |
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| | Page 25, line 21 [Clause 45], at end insert— |
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| | | ‘(4) | No offence under this section will have to be disclosed by a person who is |
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| | | convicted of the offence of failing to comply with an attendance notice.’. |
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| | Page 26, line 28 [Clause 47], at end insert ‘, provided that such penalty does not |
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| | exceed £50 or the weekly amount or maximum educational maintenance allowance.’. |
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| | Page 36, line 12 [Clause 65], at end insert ‘or the person was participating in |
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| | School Action or School Action Plus programmes and their parent or guardian makes a |
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| | request for subsection (2) to apply.’. |
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