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| | Clause 1, page 1, line 15, at end insert— |
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| | | ‘(4A) | In considering payments to be made under subsections (3) and (4), the Secretary |
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| | | of State shall be advised by the National Audit Office on whether the level of |
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| | | payments proposed by the Secretary of State is reasonable in respect of the |
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| | | educational provision at each Academy, and the funding of similar maintained |
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| | | schools taking account of the services provided by, and the statutory requirements |
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| | | on, the local authority, and the Secretary of State shall publish such advice. |
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| | | (4B) | In giving advice to the Secretary of State, the National Audit Office shall consult |
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| | | the local schools forum for the area in which the Academy is situated.’. |
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| | Clause 1, page 1, line 18, leave out from ‘(6)’ to end of line 20. |
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| | Clause 1, page 1, line 21, at end insert— |
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| | | ‘(5A) | No Academy arrangement may be made under this section with a school that is |
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| | | exclusively a nursery or primary school, or both.’. |
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| | Clause 1, page 1, line 22, at end insert— |
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| | | ‘(za) | the school has regard to the regulations relating to schools admissions |
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| | | made under section 84 of the Schools Standards and Framework Act |
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| | | |
| | | (zb) | the school has regard to the regulations relating to the exclusion of pupils |
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| | | made under section 52 of the Education Act 2002;’. |
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| | Clause 1, page 1, line 22, at end insert— |
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| | | ‘(za) | if the school is an additional school, the school meets a proven need for |
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| | | additional capacity in the area in which the school is situated;’. |
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| | Clause 1, page 2, line 1, leave out paragraph (a) and insert— |
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| | | ‘(a) | the school follows the National Curriculum;’. |
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| | Clause 1, page 2, line 2, at end insert ‘and follows the National Curriculum in |
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| | science, mathematics, information technology and English;’. |
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| | Clause 1, page 2, line 2, at end insert ‘and where appropriate section 40 of the |
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| | Clause 1, page 2, line 2, at end insert— |
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| | | ‘( ) | the school has a curriculum which includes personal, social and health |
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| | | education as a statutory entitlement for all pupils;’. |
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| | Clause 1, page 2, line 8, at end insert— |
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| | | ‘(e) | the school must comply with the provisions of the Code for School |
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| | | Admissions issued from time to time by the Secretary of State.’. |
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| | Clause 1, page 2, line 8, at end insert— |
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| | | ‘(e) | the school must comply with fair access protocols issued from time to |
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| | | time by the Secretary of State.’. |
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| | Clause 1, page 2, line 8, at end insert— |
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| | | ‘(e) | the school complies with provisions on pupil exclusions and behaviour |
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| | | partnerships as set out in EA 2002, EIA 2006 and ASCLA 2009.’. |
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| | Clause 1, page 2, line 8, at end insert— |
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| | | ‘(e) | the school has a named member of staff responsible for children in care.’. |
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| | Clause 1, page 2, line 8, at end insert— |
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| | | ‘(e) | the school employs classroom teachers only where they have Qualified |
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| | Clause 1, page 2, line 8, at end insert— |
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| | | ‘(e) | the school has policies developed with regard to the relevant local |
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| | | authority’s Children and Young People’s Plan.’. |
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| | Clause 1, page 2, line 8, at end insert— |
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| | | ‘(e) | where the school provides education to pupils aged 14-19 it has the same |
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| | | responsibilities regarding 14-19 provision as a school in the maintained |
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| | Clause 1, page 2, line 8, at end insert— |
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| | | ‘(e) | the school follows the National Curriculum in English, mathematics, |
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| | Clause 1, page 2, line 8, at end insert— |
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| | | ‘(e) | the school provides appropriate careers education and advice.’. |
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| | Clause 1, page 2, line 8, at end insert— |
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| | | ‘(e) | the admissions arrangements of the school make no provision for |
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| | | selection on the basis of religion or belief.’. |
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| | Clause 1, page 2, line 8, at end insert— |
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| | | ‘(6A) | The Secretary of State shall set up an independent monitoring system to ensure |
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| | | compliance with the characteristics set out in subsection (6).’. |
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| | Clause 1, page 2, line 8, at end insert— |
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| | | ‘(6A) | Academy arrangements must include terms imposed for the purpose of securing |
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| | | (a) | the school’s food policy and catering service promote pupils’ physical |
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| | | and mental health and ability to learn, and |
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| | | (b) | all food provided by the school meets the nutrient-based standards for |
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| | | primary and secondary schools currently in place for maintained |
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| | Clause 1, page 2, line 16, at end insert— |
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| | | ‘(8A) | Academy arrangements shall include terms for the purpose of ensuring that any |
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| | | school rated “Outstanding” in its most recent Ofsted inspection at the time of |
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| | | conversion forms a substantive partnership with at least one other school. |
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| | | (8B) | For the purposes of subsection (8A) the “other school” must have a pupil profile |
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| | | where on the date of conversion the number of children— |
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| | | (a) | with special educational needs, or |
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| | | (b) | eligible for free school meals, |
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| | | | is above the national average, or the average in the local authority area where the |
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| | | school, or proposed school, is situated.’. |
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| | Clause 1, page 2, line 16, at end insert— |
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| | | ‘(8A) | Where an Academy fails to fulfil the obligations imposed under subsection (7), |
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| | | regulations may require complaints to the Secretary of State to be— |
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| | | (a) | considered within a specified period of time, or |
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| | | (b) | administered by staff with prescibed training or prescribed experience.’. |
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| | Clause 1, page 2, line 21, at end insert— |
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| | | ‘(9A) | Academy arrangements must also include terms imposed for the purpose of |
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| | | securing that the person with whom the Secretary of State has entered into |
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| | | Academy arrangements, and persons nominated by or connected with that person, |
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| | | hold no more than a quarter of the places on the governing body of the school.’. |
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| | Clause 1, page 2, line 21, at end insert— |
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| | | ‘(9A) | Academy arrangements must also include terms imposed for the purpose of |
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| | | securing that the school complies with any code for school admissions issued |
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| | | under section 84 of SSFA.’. |
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| | Clause 1, page 2, line 21, at end insert— |
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| | | ‘(9A) | Academy arrangements must also include terms imposed for the purpose of |
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| | | securing that the provisions of Chapter 4 of Part 10 of ASCLA 2009 (School |
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| | | support staff pay and conditions: England) apply to the school.’. |
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| | Clause 1, page 2, line 21, at end insert— |
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| | | ‘(9A) | The Secretary of State may by regulations make provision for any of the |
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| | | (a) | specifying restrictions or other requirements in connection with entering |
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| | | into Academy arrangements (including provisions for restricting the |
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| | | entering into Academy agreements to those who are fit and proper |
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| | | persons within the meaning of the regulations); |
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| | | (b) | otherwise regulating the procedure to be followed in connection with the |
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| | | entering into Academy arrangements; |
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| | | (c) | prescribing the contents of Academy arrangements; |
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| | | (d) | authorising or requiring the variation of Academy arrangements by the |
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| | Clause 1, page 2, line 23, at end insert— |
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| | | ‘(11) | Subsection (12) applies if the school is a voluntary controlled school which is |
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| | | designated by order under section 69(3) of SSFA 1998 as a school having a |
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| | | particular religious character. |
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| | | (12) | The Academy agreement must include terms imposed for the purpose of securing |
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| | | that no greater percentage of pupils are selected on the basis of religion or belief |
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| | | after, as compared with before, the conversion date.’. |
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| | Clause 1, page 2, line 23, at end insert— |
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| | | ‘( ) | The governing body of an Academy must include between three and seven |
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| | | governors elected from among the parents of pupils at the school, at least two |
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| | | members elected from among the staff of the school, one of whom must be a |
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| | | teacher, and at least one member of the local authority.’. |
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| | Clause 6, page 4, line 21, leave out subsections (3) and (4). |
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| | Clause 6, page 4, line 24, at end insert— |
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| | | ‘(3A) | If the school is a selective school, sections 105 to 109 of SSFA 1998 shall |
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| | | continue to apply in respect of the retention of selective admission arrangements |
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| | Clause 6, page 4, line 34, at end insert— |
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| | | ‘(5A) | A school may be treated as “pre-approved” by the Secretary of State for an |
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| | | Academy order in respect of its inspection rating if this rating dates from an |
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| | | inspection no more than 12 months before conversion. |
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| | | (5B) | For schools converting under section 3 where no full Ofsted inspection has taken |
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| | | place in the preceding 24 months the Secretary of State must seek a new Ofsted |
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| | | inspection before approving Academy status.’. |
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