Education Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Education Bill

Education Bill
Part 4 — Qualifications and the Curriculum
29

(f)
in the heading, after “institutions” insert “in Wales”.
(5)
In section 45 (provision of careers information at schools and other
institutions)—
(a)
in subsection (2)(a), for “listed in section 43(2)(a) to (d)” substitute “in
Wales listed in section 43(2)(a) and (c)”;
5
(b)
in subsection (2), omit the words from “and, in the case” to the end;
(c)
omit subsections (2A) and (2B);
(d)
for subsection (3) substitute—
“(3)
It is the duty of each of the following to secure that subsection
(1) is complied with—
10
(a)
the governing body of the school or institution;
(b)
its head teacher, principal or other head.”;
(e)
in subsection (5), for ““careers education” and “16-18 education or
training”” substitute “and “careers education””.
(6)
In section 45A (guidance as to discharge of duties)—
15
(a)
in subsection (1), for “43(2)(a), (c) or (e)” substitute “42A(2)”;
(b)
in subsection (2), for “any of sections 43(3), 44(9) and 45(3)” substitute
“42A(1) or (4)”;
(c)
in the heading, at the end insert “: schools in England”.
(7)
In section 45B (provision of curriculum information), in the heading, at the end
20
insert “: Wales”.
(8)
In section 46—
(a)
in subsection (1), for the words from “43” to “44(10)(a)(i)” substitute
“42A, 43 or 44 by substituting for the period specified in section 42A(6),
43(5) or 44(10)(a)(i)”;
25
(b)
after subsection (2) insert—
“(2A)
The Secretary of State may by regulations make provision for
requiring—
(a)
the governing bodies of institutions in England within
the further education sector, and
30
(b)
the principals or other heads of such institutions,

to secure that careers guidance is provided for any specified
description of persons attending such institutions.”;
(c)
in subsection (3)(a), after “institutions” insert “in Wales”;
(d)
in subsection (5), after the definition of “careers education” insert—
35
““careers guidance” has the same meaning as in section
42A;”.
(9)
In consequence of the amendments made by subsections (1) to (8), omit—
(a)
paragraph 71 of Schedule 9 to LSA 2000;
(b)
paragraph 8 of Schedule 7 to EA 2002;
40
(c)
section 81(2) and (3) of ESA 2008;
(d)
section 250 of ASCLA 2009.

Education Bill
Part 4 — Qualifications and the Curriculum
30

Repeal of the diploma entitlement
28
Repeal of diploma entitlement for 16 to 18 year olds
(1)
In section 45 of ASCLA 2009 (local authority duties in relation to the core and
additional entitlements), the provisions to be inserted into EA 1996 are
amended as set out in subsections (2) to (6).
5
(2)
In the italic cross-heading above section 17A, for “core and additional
entitlements” substitute “core entitlement”.
(3)
In section 17A (duties in relation to the core and additional entitlements)—
(a)
in subsection (1), for “core entitlement and the additional entitlement
are” substitute “core entitlement is”;
10
(b)
omit subsections (2) to (5);
(c)
in subsection (7), omit the definitions of “additional entitlement area”
and “the additional entitlement”;
(d)
omit subsection (8);
(e)
in subsection (9)—
15
(i)
for “references in subsections (1) and (2)” substitute “reference
in subsection (1)”;
(ii)
for “do” substitute “does”;
(f)
in the heading, for “core and additional entitlements” substitute “core
entitlement”.
20
(4)
Omit section 17B (election for either core entitlement or additional
entitlement).
(5)
In section 17C (the core entitlement)—
(a)
before subsection (1) insert—
“(A1)
A person over compulsory school age but under 19 has the core
25
entitlement.”;
(b)
in subsection (1), for “electing for” substitute “who has”;
(c)
after subsection (4) insert—
“(5)
In this section “course of study” means a course of education or
training leading to a qualification specified, or a qualification of
30
a description specified, by the Secretary of State by order for the
purposes of this subsection.”
(6)
Omit section 17D (the additional entitlement).
(7)
In section 48 of ASCLA 2009 (provision of education for persons subject to
youth detention), in the section 18A to be inserted into EA 1996—
35
(a)
in subsection (2)(e), omit “and the additional entitlement” and “who
have elected for them”;
(b)
for subsection (4) substitute—
“(4)
Section 17C (the core entitlement) applies for the purposes of
subsection (2)(e).”
40
(8)
In section 86 of ASCLA 2009 (duties of Chief Executive of Skills Funding in
respect of persons aged 19 or over or subject to adult detention)—
(a)
in subsection (4)(h), omit “and the additional entitlement” and “who
have elected for them;

Education Bill
Part 5 — Educational institutions: other provisions
31

(b)
for subsection (8) substitute—
“(8)
Section 17C of the Education Act 1996 (the core entitlement)
applies for the purposes of subsection (4)(h).”
29
Repeal of diploma entitlement for fourth key stage
(1)
Section 74 of EIA 2006 (curriculum requirements for the fourth key stage) is
5
amended as follows.
(2)
In subsection (1), in the new section 85A to be inserted into EA 2002—
(a)
in subsection (1), for the words from “do either of the following” to the
end substitute “follow a course of study in a subject within each of such
one or more of the four entitlement areas specified in subsection (2) as
10
the pupil may choose.”;
(b)
in subsection (2), for “(1)(a)” substitute “(1)”;
(c)
in subsection (4), for the words after “satisfied” substitute “if a course
of study in a subject within each of the entitlement areas specified in
subsection (2) is made available to the pupil by or on behalf of the
15
school at which the pupil is a registered pupil.”;
(d)
in subsection (5), for “(1)(a) or (b)” substitute “(1)”;
(e)
in subsection (6), for the words after “means” substitute “a course of
education or training which leads to such qualification as the governing
body may choose from among those approved under section 98 of the
20
Learning and Skills Act 2000 for the purposes of section 96 of that Act.”
(3)
Omit subsection (3).
Part 5
Educational institutions: other provisions
Repeal of duties of governing bodies, local authorities and others
25
30
Duties to co-operate with local authority
(1)
Section 10 of the Children Act 2004 (children’s services in England: co-
operation to improve well-being) is amended as follows.
(2)
In subsection (4) (persons and bodies under duty to co-operate with local
authority), omit paragraphs (fa) to (fd) (governing bodies and proprietors of
30
schools and FE institutions).
(3)
Omit subsection (10).
(4)
In subsection (11), omit the definitions of “governing body”, “institution within
the further education sector”, “maintained school” and “proprietor”.
31
Duties to have regard to children and young people’s plan
35
(1)
In section 47A of SSFA 1998 (schools forums), omit subsections (3A) and (10)
(duty of schools forum to have regard to children and young people’s plan).
(2)
In section 21 of EA 2002 (general responsibility of governing body of
maintained school for conduct of school)—

Education Bill
Part 5 — Educational institutions: other provisions
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(a)
in subsection (6) (duty to have regard to relevant children and young
people’s plan) after “maintained school” insert “in Wales”;
(b)
for subsection (9) substitute—
“(9)
In this section “relevant children and young people’s plan”
means—
5
(a)
any plan published by the local authority under section
26 of the Children Act 2004 (children and young
people’s plans: Wales), or
(b)
in a case where the local authority are not required by
regulations under that section to prepare and publish a
10
plan, any plan which is published by the authority and
sets out their strategy for discharging their functions in
relation to children and relevant young persons within
the meaning of that section.”;
(c)
omit subsection (10).
15
(3)
In section 28 of that Act (limits on governing body’s power to provide
community facilities etc)—
(a)
in subsection (4A) (duty to have regard to relevant children and young
people’s plan) after “maintained school” insert “in Wales”;
(b)
in subsection (4C) omit “also”.
20
(4)
In consequence of the amendments made by subsections (1) to (3), omit section
194(8) and (9) of ASCLA 2009.
32
Duty to prepare and publish school profile
(1)
Section 30A of EA 2002 (duty of governing body of maintained school in
England to prepare and publish school profile) is repealed.
25
(2)
In consequence of subsection (1), section 104 of EA 2005 (insertion of section
30A of EA 2002) is repealed.
33
Duty to appoint school improvement partners
(1)
Section 5 of EIA 2006 (requirement for local authority to appoint school
improvement partner for each school they maintain) is repealed.
30
(2)
In consequence of subsection (1), in section 187(3) of EIA 2006 (provisions to be
read as if they were contained in EA 1996), omit paragraph (a).
34
Duties in relation to school admissions
(1)
Part 3 of SSFA 1998 (school admissions) is amended as follows.
(2)
In section 85A (admission forums)—
35
(a)
in subsection (1)—
(i)
in the opening words, after “authority” insert “in Wales”;
(ii)
at the end of paragraph (a), insert “and”;
(iii)
omit paragraph (c) (and the “and” preceding it”);
(b)
omit subsections (1A) to (1C);
40
(c)
in subsection (3), omit paragraph (ba) (but not the “and” following it);
(d)
omit subsection (3A);

Education Bill
Part 5 — Educational institutions: other provisions
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(e)
omit subsections (5A) and (5B).
(3)
Section 88J (changes to admission arrangements by schools adjudicator) is
repealed.
(4)
In section 88P (reports by local authorities)—
(a)
in subsection (1)—
5
(i)
omit “to the adjudicator”;
(ii)
for “prescribed” substitute “required by the code for school
admissions”;
(b)
omit subsections (4) and (5);
(c)
in the heading, omit “to adjudicator”.
10
(5)
Schedule 9 (consequential amendments) has effect.
35
Duties in relation to school meals etc
(1)
Part 9 of EA 1996 (ancillary functions) is amended as follows.
(2)
In section 512ZA (power to charge for meals etc)—
(a)
after subsection (1) insert—
15
“(1A)
Where a local authority in England exercise the power to charge
under subsection (1), the price they charge for an item must not
exceed the cost of providing that item.”;
(b)
in subsection (2), after “authority” insert “in Wales”.
(3)
In section 533 (functions of governing bodies of maintained schools with
20
respect to provision of school meals etc)—
(a)
after subsection (3) insert—
“(3A)
Where the governing body of a school in England exercise the
power to charge under subsection (3), the price they charge for
an item must not exceed the cost of providing that item.”;
25
(b)
in subsection (4), after “school” insert “in Wales”.
New schools
36
Establishment of new schools
Schedule 10 (establishment of new schools) has effect.
Governing bodies: constitution and dissolution
30
37
Constitution of governing bodies: maintained schools in England
(1)
Section 19 of EA 2002 (governing bodies) is amended as follows.
(2)
After subsection (1) insert—
“(1A)
Regulations must provide for a governing body of a maintained school
in England to consist of—
35
(a)
persons elected or appointed as parent governors,
(b)
the head teacher of the school,

Education Bill
Part 5 — Educational institutions: other provisions
34

(c)
in the case of a foundation school, a foundation special school
or a voluntary school, persons appointed as foundation
governors or partnership governors, and
(d)
such other persons as may be prescribed.”
(3)
In subsection (2), after “governing body” insert “of a maintained school in
5
Wales”.
(4)
After subsection (4) insert—
“(4A)
Regulations made by virtue of subsection (3)(e) in relation to a
maintained school in England may include provision allowing the head
teacher of the school to resign from office as a governor (and to
10
withdraw any such resignation).”
38
Discontinuance of federated school: governing body not to be dissolved
In paragraph 5 of Schedule 1 to EA 2002 (dissolution of school governing body
on discontinuance of school), after sub-paragraph (1) insert—
   “(1A)
Sub-paragraph (1) does not apply if—
15
(a)
the school is a federated school in England, and
(b)
immediately after the discontinuance date, there will be more
than one other school remaining in the federation.
     (1B)
“Federation” and “federated school” have the meanings given by
section 24(2).”
20
Standards
39
School inspections: exempt schools
(1)
Part 1 of EA 2005 (school inspections and other inspections by school
inspectors) is amended as follows.
(2)
In section 5 (duty to inspect certain schools at prescribed intervals)—
25
(a)
in subsection (2), for “subsection (3)” substitute “subsections (3) and
(4A)”;
(b)
after subsection (4), insert—
“(4A)
Regulations may provide that this section does not apply to
prescribed categories of school in prescribed circumstances.
30
(4B)
A school to which this section does not apply by virtue of
regulations under subsection (4A) is an “exempt school”.”
(3)
In section 6 (duty to notify parents of section 5 inspection), in subsection (1)—
(a)
omit “to which section 5 applies”;
(b)
for “that section” substitute “section 5”.
35
(4)
In section 8 (other inspections), at the end insert—
“(3)
If the Chief Inspector carries out an inspection of a school under
subsection (2) in response to a request from the appropriate authority
for the school, the Chief Inspector may charge the appropriate
authority for the cost of the inspection.
40

Education Bill
Part 5 — Educational institutions: other provisions
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(4)
In subsection (3), “appropriate authority” has the meaning given by
section 6(3).”
(5)
In section 9 (power of Chief Inspector to treat other inspection as section 5
inspection)—
(a)
the existing provision is renumbered subsection (1);
5
(b)
at the end insert—
“(2)
In the case of an inspection of an exempt school under section 8,
the Chief Inspector may elect to treat the inspection for the
purposes of subsections (5) to (5B) and (7) of section 5, sections
6 and 7 and Chapter 2 as if it were an inspection under section 5.
10
(3)
In the case of an inspection of an exempt school under section
8(1), the Secretary of State may require the Chief Inspector to
treat the inspection for the purposes of subsections (5) to (5B)
and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were
an inspection under section 5.
15
(4)
In the case of an inspection of a school under section 8(2) which
is carried out in response to a request from the appropriate
authority for the school, the Chief Inspector must treat the
inspection for the purposes of subsections (5) to (5B) and (7) of
section 5, sections 6 and 7 and Chapter 2 as if it were an
20
inspection under section 5.
(5)
In subsection (4), “appropriate authority” has the meaning
given by section 6(3).”;
(c)
in the heading, for “of Chief Inspector” substitute “or duty”.
(6)
In section 12 (interpretation of Chapter 1), after the definition of “the Chief
25
Inspector” insert—
““exempt school” has the meaning given in section 5(4B);”.
(7)
In section 15 (measures to be taken by local authority), in subsection (2C) for
the words from “in respect of” to the end substitute “which is not treated as a
section 5 inspection by virtue of section 9”.
30
(8)
In section 17 (statement to be prepared by proprietor of school), in subsection
(1D) for the words from “in respect of” to the end substitute “which is not
treated as a section 5 inspection by virtue of section 9”.
40
School inspections: matters to be covered in Chief Inspector’s report
(1)
In section 5 of EA 2005 (duty to inspect certain schools at prescribed intervals),
35
for subsections (5) and (5A) (matters for report), substitute—
“(5)
It is the general duty of the Chief Inspector, when conducting an
inspection under this section, to report on the quality of education
provided in the school.
(5A)
The Chief Inspector’s report under subsection (5) must in particular
40
cover—
(a)
the achievement of pupils at the school;
(b)
the quality of teaching in the school;
(c)
the quality of the leadership in and management of the school;
(d)
the behaviour and safety of pupils at the school.
45