House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Report Stage Proceedings: 13th May 2008
449

Education and Skills Bill, continued

(k)
any recommendation or recommendations that the forum wishes to make

in order to improve parental choice and access to education in the area of

the authority.’.

Abolition of appeals against permanent exclusion of pupils

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Negatived on division  NC1

To move the following Clause:—

‘(1)
The Education (Pupil Exclusions and Appeals) (Maintained Schools) (England)

Regulations 2002 are amended as follows.

(2)
Omit regulation 6 and the Schedule to the Regulations.’.

Home-school contracts

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Not called  NC2

To move the following Clause:—

‘(1)
An admission authority may make it a condition of a child’s admission to a school

that the parent of a child agrees to secure compliance with any school rules made

by the head teacher and governors of that school.

(2)
In this section “admission authority” has the same meaning as in section 88 of the

School Standards and Framework Act 1998.’.

Establishment of community and community special schools

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Not called  NC3

To move the following Clause:—

Report Stage Proceedings: 13th May 2008
450

Education and Skills Bill, continued

‘(1)
Section 7 of the Education and Inspections Act 2006 is amended as follows.

(2)
Omit subsection (5)(b)(ii) and the word “or” immediately preceding it.’.

Duty in relation to local demand for more good schools

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Not called  NC4

To move the following Clause:—

‘(1)
Section 2 of the Education and Inspections Act 2006 is amended as follows.

(2)
After subsection (3A)(b) insert “, and

(c)
responding to local demand for more good schools.”’.

Restrictions on special school closures

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Not called  NC5

To move the following Clause:—

‘(1)
No special school shall be closed by a local authority without the consent of the

Secretary of State.

(2)
The Secretary of State may consent to the closure of a special school only if there

are places at nearby special schools in sufficient number and sufficient quality to

replace the school adequately.’.

IGCSEs

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Not called  NC7

To move the following Clause:—

Report Stage Proceedings: 13th May 2008
451

Education and Skills Bill, continued

‘(1)
The set of qualifications specified in subsection (2) is approved for the purpose

of section 96 of the Learning and Skills Act 2000.

(2)
The set of qualifications referred to in subsection (1) is the International General

Certificate of Secondary Education in any subject awarded by—

(a)
University of Cambridge International Examinations,

(b)
Edexcel International Examinations, or

(c)
any other awarding body that the Secretary of State may by regulations

prescribe.’.

Science

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Not called  NC8

To move the following Clause:—

‘(1)
Section 85 of the Education Act 2002 is amended as follows.

(2)
After subsection (5) insert—

“(5A)
A pupil in the fourth key stage is entitled, if he so elects, to follow a

course of study in science that leads to separate qualifications in—

(a)
biology,

(b)
chemistry, and

(c)
physics.”’.

Student councils

Mr David Laws

Stephen Williams

Not called  NC12

To move the following Clause:—

‘(1)
Each educational institution shall be obliged to create a council made up of those

attending that institution (“a student council”).

(2)
The local education authority shall be obliged to issue quarterly reports to each

student council, and to respond to any comments received from each council.

(3)
The Secretary of State shall issue regulations relating to the composition and

election of a student council, and to respond to any comments received from each

council.

(4)
In this section “educational institution” has the same meaning as in section 13.’.

Report Stage Proceedings: 13th May 2008
452

Education and Skills Bill, continued

Careers education

Mr John Hayes

Michael Gove

Mr David Willetts

Mr Nick Gibb

Adam Afriyie

Tim Loughton

Not called  NC17

To move the following Clause:—

‘The Secretary of State shall commission an independent review into the

effectiveness of the provision of careers advice in England and the

appropriateness of a single all-age advice and guidance service as established in

Scotland, Wales and Northern Ireland.’.

Selection by aptitude

Mr David Laws

Stephen Williams

Negatived on division  NC18

To move the following Clause:—

‘(1)
No new or existing maintained school shall select pupils by aptitude.

(2)
For the purposes of this section, “maintained school” includes all Academies,

Specialist, Trust or Foundation Schools.’.

Parental right to secure attendance at nearest school

Mr David Chaytor

Not called  NC19

To move the following Clause:—

‘(1)
The Secretary of State shall by regulations make such provision as he considers

necessary which may include the repeal, amendment or revocation of any

legislation enacted prior to the coming into effect of this Act, for the purposes of

giving full effect to the principle set out in subsection (2).

(2)
The principle referred to in subsection (1) is that the admission authority for each

maintained school, following the commencement of a school year on or after 1st

August 2011, shall admit all pupils on whose behalf the parent has stated a

preference and demonstrated that the school is the nearest to the pupil’s home.’.

Report Stage Proceedings: 13th May 2008
453

Education and Skills Bill, continued

Retention of selection by ability or aptitude after parent ballot

Mr David Chaytor

Paul Holmes

Not called  NC20

To move the following Clause:—

‘(1)
The Secretary of State shall by regulations make such provision as he considers

necessary which may include the repeal, amendment or revocation of any

legislation enacted prior to the coming into effect of this Act, for the purposes of

giving full effect to the principle set out in subsection (2).

(2)
The principle referred to in subsection (1) is that no admission arrangements for

any school providing secondary education may, following the commencement of

a school year on or after 1st August 2011 continue to make provision for the

selection of pupils by ability or aptitude other than under section 101 of the

School Standards and Framework Act 1998 (Permitted selection: pupil banding)

unless the continuation of such selection has been approved in a ballot of parents

of pupils attending primary schools from which such pupils may by choice of

their parents transfer.’.

Abolition of selection by ability before the age of 14

Mr David Chaytor

Paul Holmes

Not called  NC21

To move the following Clause:—

‘(1)
The Secretary of State shall by regulations make such provision as he considers

necessary which may include the repeal, amendment or revocation of any

legislation enacted prior to the coming into effect of this Act, for the purposes of

giving full effect to the principle set out in subsection (2).

(2)
The principle referred to in subsection (1) is that no admission arrangements for

any school providing secondary education shall, following the commencement of

a school year on or after 1st August 2011 make provision for the selection of

pupils under the age of 14 years by ability or aptitude other than under section 101

of the School Standards and Framework Act 1998 (Permitted selection: pupil

banding).’.

School admissions: cessation of selection

Mr David Chaytor

Paul Holmes

Not called  NC22

To move the following Clause:—

‘After the school year commencing on or after 1st August 2011, the following

shall cease to have effect—

Report Stage Proceedings: 13th May 2008
454

Education and Skills Bill, continued

(1)
sections 99 to 100, and 102 to 109 of the School Standards and Framework Act

1998 (c.31), and

(2)
subsection (1)(b) of section 39 of the Education and Inspections Act 2006

(c.40).’.

amendments to Clauses relating to the application of Part 1 to persons in

Wales

Nia Griffith

Withdrawn  149

Page  1,  line  7  [Clause  1],  after ‘England’, insert ‘and Wales’.

remaining proceedings on consideration

Learning and support contracts

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Laws

Angela Watkinson

Negatived on division  NC6

To move the following Clause:—

‘(1)
This section applies where a person to whom this Part applies (“the young

person”) is failing to fulfil the duty imposed by section 2.

(2)
A local education authority in England may enter into a learning and support

contract with the young person if—

(a)
the young person is resident in England, and

(b)
the authority considers that entering into the learning and support

contract would be desirable in the interests of the young person’s

fulfilment of that duty.

(3)
A learning and support contract is a document which contains—

(a)
a statement by the young person that the young person agrees to comply

with such requirements as may be specified in the document for such

period as so may be specified, and

(b)
a statement by the local education authority that it agrees to provide

support to the young person for the purpose of complying with those

requirements.

(4)
A learning and support contract must be signed by the young person, and signed

on behalf of the local education authority.

(5)
A learning and support contract does not create any obligations in respect of

whose breach any liability arises in contract or tort.’.

Report Stage Proceedings: 13th May 2008
455

Education and Skills Bill, continued

Learning and support contracts (No. 2)

Mr David Laws

Stephen Williams

Not called  NC9

To move the following Clause:—

‘(1)
This section applies where a person to whom this Part applies (“the young

person”) is failing to fulfil the duty imposed by section 2.

(2)
A local education authority in England may enter into a learning and support

contract with a young person—

(a)
if the young person is resident in that authority’s area; and

(b)
the authority considers that entering into the learning and support

contract would be desirable in the interests of the young person’s

fulfilment of that duty.

(3)
A learning and support contract is a document which contains—

(a)
a statement by the young person that the young person agrees to comply

with such requirements as may be specified in the document for such

period as so may be specified; and

(b)
a statement by the local education authority that it agrees to provide

support to the young person for the purpose of complying with those

requirements.

(4)
A learning and support contract must be signed by the young person, and signed

on behalf of the local education authority.

(5)
A learning and support contract does not create any obligations in respect of

whose breach any liability arises in contract or tort.’.

Duty to assess education and training provision

Mr David Laws

Stephen Williams

Not called  NC10

To move the following Clause:—

‘(1)
A local education authority in England must prepare assessments of the

sufficiency of the provision of education and training provision in their area

(“education and training assessments”).

(2)
The first education and training assessment must be prepared before the end of

the period of one year beginning with the commencement of this section.

(3)
Subsequent education and training assessments must be prepared at intervals not

exceeding three years.

(4)
The authority must keep an education and training assessment prepared by them

under review until the education and training assessment is superseded by a

further education and training assessment.

(5)
Regulations may make provision requiring an education and training

assessment—

(a)
to deal with prescribed matters, or be prepared according to prescribed

criteria;

(b)
to be in the prescribed form; and