|
| |
|
“the additional entitlement” has the meaning given by section |
| |
| |
“the core entitlement” has the meaning given by section 17C. |
| |
(8) | In this section and sections 17C and 17D “course of study” means a |
| |
course of education or training leading to a qualification specified, or a |
| 5 |
qualification of a description specified, by the Secretary of State by |
| |
order for the purposes of this subsection. |
| |
(9) | The references in subsections (1) and (2) to persons in a local education |
| |
authority’s area who are over compulsory school age but under 19 do |
| |
not include persons who are subject to a detention order. |
| 10 |
17B | Entitlement to education and training for 16 to 18 year olds |
| |
A person who is over compulsory school age but under 19 may elect for |
| |
| |
(a) | the core entitlement (see section 17C), and |
| |
(b) | the additional entitlement (see section 17D). |
| 15 |
| |
(1) | The core entitlement is an entitlement to follow a course of study in |
| |
each of the core subjects chosen by the person electing for the |
| |
entitlement (the “chosen core subjects”). |
| |
(2) | The core subjects are— |
| 20 |
| |
| |
(c) | information and communication technology. |
| |
(3) | The core entitlement is satisfied in relation to a person if a course of |
| |
study in each of the chosen core subjects is made available to the person |
| 25 |
at a school or institution. |
| |
(4) | A person’s entitlement to follow a course of study in one of the chosen |
| |
| |
(a) | a course of study in the subject is made available to the person, |
| |
| 30 |
(b) | the person does not begin the course of study before reaching |
| |
| |
17D | The additional entitlement |
| |
(1) | The additional entitlement is an entitlement to follow a course of study |
| |
in an additional entitlement area. |
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(2) | An additional entitlement area is an area specified by the Secretary of |
| |
State by order for the purposes of this subsection. |
| |
(3) | The additional entitlement is satisfied in relation to a person if a course |
| |
of study in one of the additional entitlement areas is made available to |
| |
the person at a school or institution. |
| 40 |
(4) | A person’s entitlement to follow a course of study in an additional |
| |
entitlement area ceases if— |
| |
(a) | a course of study in the subject is made available to the person, |
| |
| |
|
| |
|
| |
|
(b) | the person does not begin the course of study before reaching |
| |
| |
Provision of boarding accommodation: persons subject to learning difficulty assessment |
| |
45 | Provision of boarding accommodation: persons subject to learning difficulty |
| |
| 5 |
After section 514 of the Education Act 1996 (c. 56) insert— |
| |
“514A | Provision of boarding accommodation for persons subject to learning |
| |
| |
(1) | A local education authority in England may secure the provision of |
| |
boarding accommodation in connection with the provision of |
| 10 |
education or training for a person in their area who is— |
| |
(a) | over compulsory school age but under 25, and |
| |
(b) | subject to learning difficulty assessment. |
| |
(2) | A local education authority may secure the provision of boarding |
| |
accommodation under subsection (1) either within or outside their |
| 15 |
| |
(3) | For the purposes of subsection (1) it is immaterial who provides, or |
| |
secures the provision of, the education or training. |
| |
(4) | In this section “education” and “training” have the same meanings as in |
| |
| 20 |
| |
46 | Work experience for persons over compulsory school age |
| |
After section 560 of the Education Act 1996 insert— |
| |
“560A | Work experience for persons over compulsory school age: England |
| |
(1) | A local education authority in England may secure the provision of |
| 25 |
work experience for persons in their area— |
| |
(a) | who are over compulsory school age but under 19, or |
| |
(b) | who are aged 19 or over but under 25 and are subject to learning |
| |
| |
(2) | A local education authority in England must— |
| 30 |
(a) | encourage participation in work experience by persons in their |
| |
area who are within subsection (1)(a) or (b); |
| |
(b) | encourage employers to participate in the provision of work |
| |
experience for such persons.” |
| |
|
| |
|
| |
|
Persons detained in youth accommodation |
| |
47 | Provision of education for persons subject to youth detention |
| |
After section 18 of the Education Act 1996 (c. 56) insert— |
| |
“18A | Provision of education for persons subject to youth detention |
| |
(1) | A local education authority must secure that— |
| 5 |
(a) | enough suitable education is provided to meet the reasonable |
| |
needs of children subject to youth detention in their area; |
| |
(b) | enough suitable education and training is provided to meet the |
| |
reasonable needs of persons who are— |
| |
(i) | over compulsory school age but under 19, and |
| 10 |
(ii) | subject to youth detention in their area. |
| |
(2) | In deciding for the purposes of subsection (1) whether education or |
| |
training is suitable to meet persons’ reasonable needs, a local education |
| |
authority must (in particular) have regard to— |
| |
(a) | the persons’ ages, abilities and aptitudes; |
| 15 |
(b) | any special educational needs or learning difficulties (within |
| |
the meaning of section 15ZA(7) and (8)) the persons may have; |
| |
(c) | the desirability of enabling persons to complete programmes of |
| |
study or training which they have begun; |
| |
(d) | any relevant curriculum and the desirability that education |
| 20 |
received by children subject to youth detention should be |
| |
comparable with education which they could be expected to |
| |
receive if they were attending a school or institution |
| |
implementing a relevant curriculum; |
| |
(e) | the desirability of the core entitlement and the additional |
| 25 |
entitlement being satisfied in relation to persons over |
| |
compulsory school age but under 19 who have elected for them. |
| |
(3) | In subsection (2)(d), “relevant curriculum” means— |
| |
(a) | in relation to a local education authority in England, the |
| |
National Curriculum for England established under section 87 |
| 30 |
of the Education Act 2002 as subsisting for the time being; |
| |
(b) | in relation to a local education authority in Wales— |
| |
(i) | the National Curriculum for Wales established under |
| |
section 108 of that Act as subsisting for the time being, or |
| |
(ii) | any local curriculum formed by the authority under |
| 35 |
section 116A of the Education Act 2002 (formation of |
| |
local curricula for pupils in Key Stage 4) or for their area |
| |
under section 33A of the Learning and Skills Act 2000 |
| |
(formation of local curricula for students aged 16 to 18). |
| |
(4) | Sections 17B to 17D apply for the purposes of subsection (2)(e) as they |
| 40 |
apply for the purposes of section 17A. |
| |
(5) | Any arrangements made by a local education authority under |
| |
subsection (1) for the provision by another person (the “learning |
| |
provider”) of education or training must require the learning provider, |
| |
in making any determination as to the education or training to be |
| 45 |
provided for a particular person, to have regard to any information |
| |
provided under section 562E by the person’s home authority (within |
| |
|
| |
|
| |
|
the meaning of Chapter 5A of Part 10) for the purpose of assisting any |
| |
| |
(6) | In performing the duty imposed by subsection (1), a local education |
| |
authority must have regard to any guidance issued— |
| |
(a) | in the case of a local education authority in England, by the |
| 5 |
| |
(b) | in the case of a local education authority in Wales, by the Welsh |
| |
| |
(7) | For the purposes of subsection (1), a person is subject to youth |
| |
detention in the area of a local education authority if— |
| 10 |
(a) | subject to a detention order, and |
| |
(b) | detained in relevant youth accommodation in the area of the |
| |
| |
48 | Persons detained in youth accommodation: application of provisions |
| |
(1) | Section 562 of the Education Act 1996 (c. 56) (Act not to apply to persons |
| 15 |
detained under order of a court) is amended as follows. |
| |
| |
(a) | for “detained in pursuance of an order made by a court or of an order |
| |
of recall made by the Secretary of State” substitute “subject to a |
| |
detention order and is detained in accommodation that is not relevant |
| 20 |
youth accommodation”, and |
| |
(b) | for “a person who is detained in pursuance of such an order” substitute |
| |
| |
(3) | After that subsection insert— |
| |
“(1A) | For the purposes of this Act— |
| 25 |
(a) | a person is subject to a detention order if detained in pursuance |
| |
| |
(i) | an order made by a court, or |
| |
(ii) | an order of recall made by the Secretary of State, and |
| |
(b) | relevant youth accommodation is accommodation which— |
| 30 |
(i) | is youth detention accommodation (within the meaning |
| |
given by section 107(1) of the Powers of Criminal Courts |
| |
(Sentencing) Act 2000), and |
| |
(ii) | is not in a young offender institution, or part of such an |
| |
institution, that is used wholly or mainly for the |
| 35 |
detention of persons aged 18 and over.” |
| |
(4) | In subsection (2), for “subsection (1)” substitute “this section”. |
| |
(5) | After that subsection add— |
| |
“(3) | A child or young person who is being kept in accommodation provided |
| |
for the purpose of restricting liberty is not to be regarded for the |
| 40 |
purposes of this section as detained in pursuance of an order made by |
| |
a court by reason of the fact that a court has authorised the person to be |
| |
kept in such accommodation under section 25(4) of the Children Act |
| |
1989 (use of accommodation for restricting liberty).” |
| |
(6) | In the title, after “apply to” insert “certain”. |
| 45 |
|
| |
|