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Education Bill


Education Bill
Part 6 — Academies

46

 

Academies: other provisions

57      

Academies: new and expanded educational institutions

(1)   

For section 9 of AA 2010 (impact: additional schools) substitute—

“9      

Impact: new and expanded educational institutions

(1)   

This section applies if the Secretary of State is deciding whether to enter

5

into Academy arrangements in relation to—

(a)   

a new educational institution, or

(b)   

an existing educational institution that, if the arrangements are

entered into, will provide education for pupils of a wider range

of ages.

10

(2)   

The Secretary of State must take into account what the impact of

entering into the arrangements would be likely to be on maintained

schools, Academies, institutions within the further education sector

and alternative provision in the area in which the institution is

proposed to be, or is, situated.

15

(3)   

An educational institution is not new for the purposes of this section

if—

(a)   

it replaces one or more maintained schools, Academies or sixth

form colleges that have been or are to be discontinued, and

(b)   

it provides education for persons of the same range of ages as

20

the institution it replaces (or, as the case may be, the institutions

it replaces, taken together).

(4)   

“Alternative provision” means educational provision for which a local

authority has made arrangements under section 19 of EA 1996

(exceptional provision of education in pupil referral units or

25

elsewhere).”

(2)   

For section 10 of AA 2010 (consultation: additional schools) substitute—

“10     

Consultation: new and expanded educational institutions

(1)   

This section applies before a person enters into Academy arrangements

with the Secretary of State in relation to—

30

(a)   

a new educational institution, other than a new educational

institution that is the subject of proposals under section 7 of EIA

2006 (proposals to establish new school following invitation

from local authority), or

(b)   

an existing educational institution that, if the arrangements are

35

entered into, will provide education for pupils of a wider range

of ages.

(2)   

The person must carry out a consultation on the question of whether

the arrangements should be entered into.

(3)   

The consultation must seek the views of such persons as the person

40

carrying it out thinks appropriate.

(4)   

Section 9(3) (when educational institution not new) applies for the

purposes of this section.”

 
 

Education Bill
Part 6 — Academies

47

 

58      

Staff at Academies with religious character

(1)   

Part 5A of SSFA 1998 (employment of teachers at independent schools having

a religious character) is amended as set out in subsections (2) and (3).

(2)   

In section 124A (employment of teachers at independent schools having a

religious character), in subsection (1), at the end insert “, other than an

5

Academy to which section 124AA applies”.

(3)   

After section 124A, insert—

“124AA  

Staff at certain Academies with religious character

(1)   

This section applies if—

(a)   

an Academy order has been made in respect of a foundation or

10

voluntary controlled school which is designated by order under

section 69(3) as a school having a religious character,

(b)   

the school has been converted into an Academy (see section 4(3)

of the Academies Act 2010), and

(c)   

the Secretary of State has not made an order in respect of the

15

school under subsection (2).

(2)   

The Secretary of State may by order provide that this section does not

apply to a school specified in the order.

(3)   

Where there are more than two teachers at the Academy, the teachers

must include persons who—

20

(a)   

are selected for their fitness and competence to give religious

education in accordance with the tenets of the religion or the

religious denomination specified in relation to the Academy in

the order under section 69(3) (as applied by section 6(8) of the

Academies Act 2010), and

25

(b)   

are specifically appointed to do so.

   

A teacher employed or engaged at the Academy in pursuance of this

subsection is a “reserved teacher”, and any other teacher at the

Academy is a “non-reserved teacher”.

(4)   

The number of reserved teachers in the Academy must not exceed one-

30

fifth of the total number of teachers, including the principal (and for

this purpose, where the total number of teachers is not a multiple of

five, it is to be treated as if it were the next higher multiple of five).

(5)   

In connection with the appointment of a person to be the principal of

the Academy, in a case where the principal is not to be a reserved

35

teacher, regard may be had to that person’s ability and fitness to

preserve and develop the religious character of the Academy.

(6)   

Preference may be given, in connection with the appointment,

promotion or remuneration of reserved teachers at the Academy, to

persons—

40

(a)   

whose religious opinions are in accordance with the tenets of

the religion or the religious denomination specified in relation

to the Academy in the order under section 69(3) (as applied by

section 6(8) of the Academies Act 2010), or

(b)   

who attend religious worship in accordance with those tenets,

45

or

 
 

Education Bill
Part 6 — Academies

48

 

(c)   

who give, or are willing to give, religious education at the

Academy in accordance with those tenets.

(7)   

Regard may be had, in connection with the termination of employment

or engagement of any reserved teacher at the Academy, to any conduct

on the part of the teacher which is incompatible with the precepts, or

5

with the upholding of the tenets, of the religion or religious

denomination specified in the order under section 69(3) (as applied by

section 6(8) of the Academies Act 2010).

(8)   

No person, other than a reserved teacher, is to be disqualified by reason

of their religious opinions, or of their attending or omitting to attend

10

religious worship—

(a)   

from being a teacher at the Academy, or

(b)   

from being employed or engaged for the purposes of the

Academy otherwise than as a teacher.

(9)   

A non-reserved teacher must not be required to give religious

15

education.

(10)   

A non-reserved teacher must not receive any less remuneration than

any other non-reserved teacher, or be deprived of, or disqualified for,

any promotion or other advantage available to other non-reserved

teachers—

20

(a)   

for the reason that the teacher gives, or does not give, religious

education, or

(b)   

for reasons related to the teacher’s religious opinions or to the

teacher’s attending or omitting to attend religious worship.”

(4)   

In consequence of the amendments made by subsections (2) and (3)—

25

(a)   

in the title to Part 5A of SSFA 1998, for “Employment of Teachers”

substitute “Teachers and Staff”;

(b)   

in section 138 of SSFA 1998 (orders and regulations), in subsection

(2)(a), after “111(3)(a)” insert “, 124AA(2)”;

(c)   

in paragraph 4 of Schedule 22 to the Equality Act 2010 (educational

30

appointments etc based on religious belief), at the end insert—

“(d)   

section 124AA(5) to (7) of that Act (religious

considerations relating to certain teachers at

Academies with religious character).”

59      

Academies: land

35

Schedule 13 (Academies: land) has effect.

60      

Academy admissions arrangements: references to adjudicator

(1)   

Chapter 1 of Part 3 of SSFA 1998 (school admissions: admission arrangements)

is amended as follows.

(2)   

In section 88 (admission authorities and admission arrangements)—

40

(a)   

in subsection (1), omit the “and” at the end of paragraph (a);

(b)   

in that subsection, at the end, insert “; and

(c)   

in relation to an Academy, means the proprietor of the

Academy.”;

(c)   

in subsection (2), omit “maintained”.

45

 
 

Education Bill
Part 7 — Post-16 education and training

49

 

(3)   

In section 88H (reference of objections to adjudicator)—

(a)   

after subsection (1), insert—

“(1A)   

This section also applies where admission arrangements for an

Academy have been determined by the proprietor of an

Academy under Academy arrangements.”;

5

(b)   

for subsection (6), substitute—

“(6)   

In subsection (2), “appropriate person” means—

(a)   

in relation to an objection about the admission

arrangements for a maintained school—

(i)   

a body or person within any of paragraphs (a) to

10

(e) of section 88F(3), or

(ii)   

any person prescribed for the purposes of this

subsection;

(b)   

in relation to an objection about the admission

arrangements for an Academy, any person prescribed

15

for the purposes of this subsection.”

(4)   

In section 88I (other functions of adjudicator relating to admission

arrangements), in subsection (1)—

(a)   

after “determined” insert “—

(a)   

”;

20

(b)   

at the end insert “, or

(b)   

by an admission authority for an Academy.”

(5)   

In section 88K (sections 88H and 88I: supplementary)—

(a)   

in subsection (4)(a), after “England” insert “or an Academy”;

(b)   

in subsection (5), for the words from “means” to the end substitute

25

“means—

(a)   

in relation to a maintained school, the requirements

imposed by or under this Part as to the content of

admission arrangements for maintained schools in

England, and

30

(b)   

in relation to an Academy, the requirements imposed by

or under Academy arrangements as to the content of its

admission arrangements.”

61      

Academies: minor amendments

Schedule 14 (Academies: minor amendments) has effect.

35

Part 7

Post-16 education and training

Abolition of the Young People’s Learning Agency for England

62      

Abolition of the Young People’s Learning Agency for England

Sections 60 to 80 of, and Schedule 3 to, ASCLA 2009 (the Young People’s

40

Learning Agency for England) are repealed.

 
 

 
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