Children, Schools and Families Bill

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Children, Schools and Families Bill

Children, Schools and Families Bill
Part 1 — Children and schools
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(8)
The Secretary of State may, at the request of a local authority, exempt
the authority, to an extent and during a period specified in relation to
them by the Secretary of State, from the requirement imposed by
subsection (1).
19K
Results of parental satisfaction surveys, and response plans
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(1)
Having carried out a parental satisfaction survey, a local authority in
England shall—
(a)
assess its results, and
(b)
publish a summary of them.
(2)
If those results demonstrate material parental dissatisfaction with the
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provision of relevant schools in their area, the authority shall prepare
and publish a plan (a “response plan”) setting out their proposals for—
(a)
responding to that dissatisfaction, and
(b)
dealing with any particular issues, about which views were
expressed in response to the survey, that the authority consider
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need to be dealt with.
(3)
Whether the results of a parental satisfaction survey demonstrate
material parental dissatisfaction with the provision of relevant schools
in an authority’s area is to be determined in accordance with
regulations.
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(4)
In preparing a response plan an authority shall consult parents of a
prescribed description in their area.
(5)
If it appears to the authority that proposals in a response plan are likely
to be of particular interest to parents in the area of another local
authority, the authority shall also consult that authority in preparing
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the plan.
(6)
Regulations may make provision about—
(a)
an authority’s assessment of the results of a parental satisfaction
survey;
(b)
when and how a summary of those results is to be published;
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(c)
arrangements to be made by an authority in connection with the
requirements imposed by subsections (4) and (5);
(d)
matters to be dealt with in a response plan;
(e)
when and how a response plan is to be published.
19L
Response plans: reference to the adjudicator
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(1)
Where a local authority in England have prepared a response plan
under section 19K, they shall give eligible parents in their area the
opportunity to make representations to them about the plan.
(2)
If those representations are not sufficiently favourable to the plan, the
authority shall refer to the adjudicator—
40
(a)
the plan, and
(b)
the results of the parental satisfaction survey to which the plan
relates.
(3)
Whether representations are sufficiently favourable to a response plan
is to be determined in accordance with regulations.
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Children, Schools and Families Bill
Part 1 — Children and schools
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(4)
Regulations may make provision about—
(a)
arrangements to be made by an authority for the purposes of
subsection (1);
(b)
steps to be taken by an authority in connection with the
reference of a plan to the adjudicator.
5
(5)
The regulations may, in particular, require an authority to provide to
the adjudicator information of a prescribed description that is required
by the adjudicator.
(6)
“Eligible parents”, for the purposes of this section, are parents of a
prescribed description.
10
(7)
“Adjudicator”, in this section and sections 19M and 19N, is to be read
in accordance with section 25(3) of the School Standards and
Framework Act 1998.
19M
Response plans: determination by adjudicator
(1)
Where a response plan is referred to the adjudicator under section
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19L(2) the adjudicator shall, having considered the plan and the results
of the parental satisfaction survey to which it relates, make a
determination in respect of the plan.
(2)
The determination may be—
(a)
to approve the plan,
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(b)
to approve the plan subject to specified modifications, or
(c)
to reject the plan.
(3)
Regulations may—
(a)
make provision about procedures to be followed, and persons
to be consulted, by the adjudicator for the purpose of making a
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determination under this section;
(b)
make provision about criteria to be taken into account by the
adjudicator in making a determination under this section.
(4)
In exercising functions under or by virtue of this section, the
adjudicator shall have regard to any guidance given by the Secretary of
30
State from time to time.
19N
Determination by adjudicator: action to be taken by local authority
(1)
If the adjudicator makes a determination within section 19M(2)(b) in
respect of a response plan relating to a parental satisfaction survey, the
local authority in question shall make the modifications to the plan
35
specified in the determination.
(2)
If the adjudicator makes a determination within section 19M(2)(c) in
respect of a response plan relating to a parental satisfaction survey, the
local authority in question shall—
(a)
withdraw the plan, and
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(b)
prepare and publish a further plan (a “further response plan”)
setting out their proposals for responding to the material
parental dissatisfaction demonstrated by the survey and for
dealing with any particular issues as mentioned in section
19K(2)(b).
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Children, Schools and Families Bill
Part 1 — Children and schools
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(3)
In preparing a further response plan, the authority shall have regard to
the adjudicator’s determination within section 19M(2)(c).
(4)
Regulations may make provision about—
(a)
steps to be taken by an authority in connection with the
modification under this section of a response plan;
5
(b)
steps to be taken by an authority in connection with the
withdrawal under this section of a response plan, or the
preparation of a further response plan;
(c)
matters to be dealt with in a further response plan;
(d)
when and how a response plan to which modifications have
10
been made under this section, or a further response plan, is to
be published.
19O
Duty to implement proposals in response plan
(1)
A local authority in England shall implement the proposals in their
response plan, except to the extent that they consider—
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(a)
that doing so would be unreasonably difficult, or
(b)
that an alteration in circumstances has made it inappropriate to
do so.
(2)
The reference in subsection (1) to an authority’s response plan is, where
appropriate, to the authority’s response plan as modified under section
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19N, or their further response plan.
19P
Statutory guidance
In exercising their functions under or by virtue of sections 19J to 19O a
local authority shall have regard to any guidance given from time to
time by the Secretary of State.”
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(2)
In section 25 of SSFA 1998 (adjudicators), in subsection (2), for the words from
“or Part 2” to “2006” there is substituted “, Part 2 of the Education and
Inspections Act 2006 or section 19L of the Education Act 1996”.
(3)
In Schedule 5 to that Act (adjudicators), in paragraph 5(1), after “2006” there is
inserted “or section 19L of the Education Act 1996”.
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Children with special educational needs etc
7
School inspections: pupils with disabilities or special educational needs
In section 5 of EA 2005 (duty to inspect certain schools in England at prescribed
intervals), after subsection (5) there is inserted—
“(5A)
In reporting on how far the education provided in a mainstream school
35
meets the needs of the range of pupils at the school, the Chief Inspector
must in particular consider the needs of—
(a)
pupils who have a disability for the purposes of the Equality
Act 2010;
(b)
pupils who have special educational needs.
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In this subsection a “mainstream school” is a school within subsection
(2)(a) or (2)(c) to (f).”

Children, Schools and Families Bill
Part 1 — Children and schools
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8
Right of appeal against determination by local authority not to amend
statement
After section 328 of EA 1996 (reviews of special educational needs) there is
inserted—
“328A
  Appeal against determination of local authority in England not to
5
amend statement following review
(1)
This section applies where a local authority in England—
(a)
conduct a review of a statement in accordance with section
328(5)(b), and
(b)
determine not to amend the statement.
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(2)
The authority shall give written notice of the determination and of their
reasons for making it to the parent of the child concerned.
(3)
The parent may appeal to the Tribunal.
(4)
Subsections (1A), (3), (4) and (5) of section 326 apply to an appeal under
this section as they apply to an appeal under that section, but with the
15
omission of subsection (3)(c).
(5)
A notice under subsection (2) must inform the parent of the right of
appeal and of the period within which the right may be exercised.
(6)
A notice under subsection (2) must be given to the parent within the
period of seven days beginning with the day on which the
20
determination is made.”
Exceptional provision for ill or excluded children etc
9
Exceptional provision of education in short stay schools or elsewhere
(1)
Section 19 of EA 1996 (exceptional provision of education in short stay schools
or elsewhere) is amended as follows.
25
(2)
After subsection (1) there is inserted—
“(1A)
In relation to England, subsection (1) does not apply in the case of a
child—
(a)
who will cease to be of compulsory school age within the next
six weeks, and
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(b)
does not have any relevant examinations to complete.

In paragraph (b) “relevant examinations” means any public
examinations or other assessments for which the child has been
entered.”
(3)
For subsection (3A) there is substituted—
35
“(3A)
In relation to England, the education to be provided for a child in
pursuance of arrangements made by a local authority under subsection
(1) shall be—
(a)
full-time education, or
(b)
in the case of a child within subsection (3AA), such part-time
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education as the authority consider appropriate.

Children, Schools and Families Bill
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(3AA)
A child is within this subsection if the local authority consider that, for
reasons which relate to the physical or mental health of the child, it
would be impracticable or otherwise inappropriate for full-time
education to be provided for the child.”
(4)
In subsection (3B)—
5
(a)
for “The education referred to in subsection (3A)” there is substituted
“Regulations may provide that the education to be provided for a child
in pursuance of arrangements made by a local authority in England
under subsection (1)”;
(b)
for “regulations” there is substituted “the regulations”.
10
The curriculum
10
Areas of learning
(1)
In Part 6 of EA 2002 (the curriculum in England), before section 84 there is
inserted—
“83A
Curriculum requirements for first and second key stages
15
(1)
For the first and second key stages, the National Curriculum for
England shall comprise the areas of learning set out in subsection (3).
(2)
The National Curriculum for England—
(a)
shall specify programmes of study, and
(b)
may specify attainment targets and assessment arrangements,
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in relation to each of those areas of learning for those stages.
(3)
The following are the areas of learning for the first and second key
stages—
(a)
understanding English, communication and languages,
(b)
mathematical understanding,
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(c)
scientific and technological understanding,
(d)
historical, geographical and social understanding,
(e)
understanding the arts, and
(f)
understanding physical development, health and well-being.
(4)
For the purposes of subsection (3)(a) “language” means a modern
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foreign language specified in an order made by the Secretary of State or,
if the order so provides, any modern foreign language.
(5)
An order under subsection (4) may provide for the determination
under the order of any question arising as to whether a particular
language is a modern foreign language.
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(6)
The Secretary of State may by order amend subsections (3) to (5).”
(2)
In section 87 of EA 2002 (establishment of National Curriculum for England by
order), before subsection (3) there is inserted—
“(2A)
In respect of the first and second key stages, the Secretary of State may
by order specify in relation to the areas of learning set out in section
40
83A(3)—
(a)
such attainment targets,
(b)
such programmes of study, and

Children, Schools and Families Bill
Part 1 — Children and schools
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(c)
such assessment arrangements,

as the Secretary of State considers appropriate.
(2B)
Attainment targets or assessment arrangements specified under
subsection (2A) need not relate to everything that each area of learning
comprises.”
5
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PSHE in maintained schools
(1)
In section 84 of EA 2002 (which, as amended by this Act, relates to curriculum
requirements for the third key stage only), in subsection (3) (foundation
subjects), for paragraph (h) there is substituted—
“(h)
citizenship,
10
(i)
personal, social, health and economic education, and
(j)
a modern foreign language.”
(2)
In section 85 of EA 2002 (curriculum requirements for the fourth key stage), in
subsection (4) (foundation subjects), at the end there is inserted “, and
(d)
personal, social, health and economic education.”
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(3)
In section 74(1) of EIA 2006, which (when brought into force) will substitute a
new section 85 in EA 2002, in subsection (4) of that substituted section
(foundation subjects), at the end there is inserted “, and
(d)
personal, social, health and economic education.”
(4)
Before section 86 of EA 2002 there is inserted—
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“85B
Personal, social, health and economic education
(1)
For the purposes of this Part, personal, social, health and economic
education (“PSHE”) shall comprise—
(a)
education about alcohol, tobacco and other drugs,
(b)
education about emotional health and well-being,
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(c)
sex and relationships education,
(d)
education about nutrition and physical activity,
(e)
education about personal finance,
(f)
education about individual safety, and
(g)
careers, business and economic education.
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(2)
The Secretary of State may by order amend subsection (1).
(3)
The National Curriculum for England is not required to specify
attainment targets or assessment arrangements for PSHE (and section
84(1) has effect accordingly).
(4)
It is the duty of the governing body and head teacher of any school in
35
which PSHE is provided in pursuance of this Part to secure that the
principles set out in subsections (5) to (7) are complied with.
(5)
The first principle is that information presented in the course of
providing PSHE should be accurate and balanced.
(6)
The second principle is that PSHE should be taught in a way that—
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(a)
is appropriate to the ages of the pupils concerned and to their
religious and cultural backgrounds, and also

Children, Schools and Families Bill
Part 1 — Children and schools
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(b)
reflects a reasonable range of religious, cultural and other
perspectives.
(7)
The third principle is that PSHE should be taught in a way that—
(a)
endeavours to promote equality,
(b)
encourages acceptance of diversity, and
5
(c)
emphasises the importance of both rights and responsibilities.
(8)
In the exercise of their functions under this Part so far as relating to
PSHE, a local authority, governing body or head teacher shall have
regard to any guidance issued from time to time—
(a)
by the Secretary of State, or
10
(b)
by a person nominated by the Secretary of State.”
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PSHE in Academies etc
In Chapter 4 of Part 7 of EA 1996 (city colleges), after section 483A there is
inserted—
“483B
  Personal, social, health and economic education
15
(1)
For the third and fourth key stages, the curriculum for a school to which
this section applies shall include personal, social, health and economic
education (“PSHE”), comprising the matters set out in section 85B(1) of
the Education Act 2002.
(2)
Any attainment targets, programmes of study or assessment
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arrangements specified in relation to PSHE under Part 6 of the
Education Act 2002 shall have effect for the purposes of this section as
they have effect for the purposes of that Part.
(3)
It is the duty of the proprietor and head teacher of a school in which
PSHE is provided in pursuance of this section to secure that the
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principles set out in section 85B(5) to (7) of the Education Act 2002 are
complied with.
(4)
In carrying out functions exercisable by virtue of this section, the
proprietor and head teacher of a school to which the section applies
shall have regard to any guidance issued from time to time—
30
(a)
by the Secretary of State, or
(b)
by a person nominated by the Secretary of State.
(5)
The schools to which this section applies are city technology colleges,
city colleges for the technology of the arts and Academies.
(6)
In this section “third and fourth key stages” has the meaning given by
35
section 82(1)(c) and (d) of the Education Act 2002.”
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Sex and relationships education: manner of provision
(1)
Section 403 of EA 1996 (sex education: manner of provision) is amended as set
out in subsections (2) to (5).
(2)
In subsection (1), for the words from the beginning to “at a maintained school”
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there is substituted “The governing body or other proprietor of any school to
which this section applies, and its head teacher, shall take such steps as are