Session 2010 - 11
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Other Bills before Parliament

67

House of Commons

Tuesday 15 March 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Education Bill

---

Note

The Amendments have been arranged in accordance with the Order of the

Committee [1 March].

Stella Creasy

2

Clause  4,  page  8,  line  18,  at end insert ‘The Secretary of State must lay before

parliament an annual report on the numbers of students at all schools in England and

Wales subject to these powers including details as to whether these pupils have special

educational needs, the numbers of times these powers have been exercised and the current

status of their schooling provision.’.

Kevin Brennan

Mr Iain Wright

27

Clause  4,  page  8,  line  33,  at end insert—

‘(3A)

The responsible body must consider a report from the Special Educational Needs

Coordinator when considering whether a pupil should be reinstated under

subsection (3)(b).

Mr Graham Stuart

67

Clause  4,  page  8,  line  33,  at end insert—

‘(f)	requiring the relevant head teacher to ensure that, if a pupil has been

excluded from school for a fixed period on more than once occasion in a

12 month period or is at risk of permanent exclusion—

(i)	an assessment is carried out to identify whether a pupil has

unidentified special educational needs or a disability requiring

specialist provision;

Public Bill Committee: 15 March 2011

68

Education Bill, continued

(ii)	there is a review of the effectiveness of the specialist provision

being made if such provision is required under sub-paragraph

(i).’.

Mr Graham Stuart

68

Clause  4,  page  8,  line  33,  at end insert—

‘(f)	about the training members of the review panel must undertake,

including training in the law and practice relating to children with special

educational needs and in disability awareness.’.

Kevin Brennan

Mr Iain Wright

35

Clause  4,  page  8,  line  36,  at end insert—

‘(aa)

direct that the pupil be reinstated,’.

Pat Glass

1

Clause  4,  page  8,  line  42,  at end insert—

‘(d)	reinstate the pupil and require the responsible body to carry out an

assessment and make reasonable adjustments and provision for those

with special educational needs, if it considers that the pupil may have

special educational needs and that the responsible body has failed to

identify those special educational needs and make reasonable

adjustments and provisions for those with special educational needs;

(e)	reinstate the pupil and require the responsible body to carry out an

assessment and make reasonable adjustments and provision for those

with additional needs, if in the last eighteen months the pupil is or has

been in receipt of free school meals and/or for which the school has

received a pupil premium payment and considers that the responsible

body has failed to identify those additional needs and make reasonable

adjustments and provisions for those additional needs;

(f)	reinstate the pupil and require the responsible body to carry out an

assessment and make reasonable adjustments and provision for those

with additional needs, if in the last eighteen months the pupil is or has

been looked after by the local authority, in public care or on the local

authority ‘at risk’ register, and it considers that the responsible body has

failed to make reasonable adjustments and provisions for those additional

needs;

(g)	reinstate the pupil and require the responsible body to carry out an

assessment and make reasonable adjustments and provision for those

additional needs, if the pupil is or has in the last eighteen months been a

young carer, with or without the knowledge of the responsible body, and

it considers that the responsible body has failed to identify any additional

needs that the pupil has, and failed to make reasonable adjustments and

provision for those additional needs.’.

Meg Munn

Pat Glass

Dr Stella Creasy

Julie Hilling

64

Clause  4,  page  8,  line  42,  at end insert—

Public Bill Committee: 15 March 2011

69

Education Bill, continued

‘(4A)

‘It shall be the duty of all persons and bodies exercising functions under this

section to make provision to ensure that pupils subject to the exclusion process

under the provisions of this section—

(a)	have an opportunity to make representations in relation to their exclusion

or proposed exclusion,

(b)	have an opportunity to appeal against their exclusion, and

(c)	receive all information that may be relevant to such representations in

language capable of being readily understood by the pupil.’.

Kevin Brennan

Mr Iain Wright

36

Clause  4,  page  8,  line  43,  after ‘regulations’, insert ‘made by affirmative

resolution’.

Kevin Brennan

Mr Iain Wright

29

Clause  4,  page  9,  line  4,  leave out ‘in prescribed circumstances’ and insert ‘in

circumstances prescribed by regulations’.

Kevin Brennan

Mr Iain Wright

37

Clause  4,  page  9,  line  8,  at end insert—

‘(aa)

the range of the financial adjustment;

(ab)	ensuring the pupil premium or special educational needs funding are not

used to pay any financial penalty;

(ac)	ensuring the financial penalty will be used to fund the education of any

pupil who has been excluded;’.

Kevin Brennan

Mr Iain Wright

38

Clause  4,  page  9,  line  20,  at end insert ‘, including arrangements for the future

education of the excluded child’.

Kevin Brennan

Mr Iain Wright

39

Clause  4,  page  9,  line  20,  at end insert ‘, including where an assessment of the child

under Part 4 of EA 1996 or otherwise must be undertaken’.

Kevin Brennan

Mr Iain Wright

30

Clause  4,  page  9,  line  20,  at end insert—

‘(e)	to require a school to retain an excluded pupil on its roll and to fund the

pupil’s education until the pupil is no longer of compulsory school age.’.

Public Bill Committee: 15 March 2011

70

Education Bill, continued

Kevin Brennan

Mr Iain Wright

28

Clause  4,  page  9,  line  24,  at end insert—

‘(9A)

Once every school year, the responsible body for each school, and the local

authority on behalf of review panels established by them, must publish

information on the number of exclusions, whether they were fixed term or

permanent, and confirm that the decisions are consistent with their duties under

the Equality Act 2010.’.

Kevin Brennan

Mr Iain Wright

31

Clause  4,  page  9,  line  43,  leave out ‘may’ and insert ‘must’.

Kevin Brennan

Mr Iain Wright

32

Clause  4,  page  9,  line  45,  leave out ‘or a description of Academy’.

Kevin Brennan

Mr Iain Wright

34

Clause  4,  page  10,  line  7,  at end insert—

‘(5)	Before the Secretary of State exercises the power to commence this section under

section 78, he must first lay before Parliament a statement agreed with Her

Majesty’s Chief Inspector of Education, Children’s Services and Skills on the

evidence that school staff need the additonal powers available in this section.’.

Kevin Brennan

Mr Iain Wright

40

Clause  5,  page  10,  line  11,  after ‘Wales’ insert ‘or a pupil at a school in England

who has responsibility for caring for family members’.

Kevin Brennan

Mr Iain Wright

41

Clause  5,  page  10,  line  11,  after ‘Wales’ insert ‘or pupils in England under the age

of 14’.

Kevin Brennan

Mr Iain Wright

42

Clause  5,  page  10,  line  11,  at end insert—

‘(2)	Where a school in England requires a pupil to be detained outside school hours

with no notice, the school must have given full consideration on the implications

for the parent or carer of the pupil.’.

Public Bill Committee: 15 March 2011

71

Education Bill, continued

Kevin Brennan

Mr Iain Wright

43

Clause  5,  page  10,  line  11,  at end insert—

‘(2)	Where a school in England requires a pupil to be detained outside school hours,

the school must give reasonable notice to the parent or carer of the pupil and

before the detention occurs the school must have received from the parent or carer

confirmation that the parent or carer is aware of the detention.’.

Kevin Brennan

Mr Iain Wright

44

Clause  5,  page  10,  line  11,  at end insert—

‘(2)	Where a school in England requires a pupil to be detained outside school hours,

the school has a duty to establish the child has a safe and suitable means of getting

home after the detention.’.

Kevin Brennan

Mr Iain Wright

45

Clause  6,  page  10,  line  13,  at beginning insert ‘Subject to subsection (2)’.

Stella Creasy

3

Clause  6,  page  10,  line  14,  leave out ‘is repealed’ and insert ‘is extended to include

consideration of provision and management of support services for children with special

educational needs and to represent local schools in safer school partnerships.’.

Kevin Brennan

Mr Iain Wright

46

Clause  6,  page  10,  line  14,  at end insert—

‘(2)	Subsection (1) shall not come into force before 1 September 2013, and only after

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills has

reported that voluntary partnerships for behaviour and attendance partnerships

are working in all local authorities.’.

Mr Graham Stuart

69

Clause  6,  page  10,  line  14,  at end insert—

‘(2)	The Secretary of State must commission a report within 24 months to evaluate the

impact of eliminating the duty to provide Behaviour and Attendance

Partnerships.’.

Public Bill Committee: 15 March 2011

72

Education Bill, continued

Kevin Brennan

Mr Iain Wright

47

Clause  7,  page  10,  line  19,  at beginning insert ‘Subject to subsection (6),’.

Kevin Brennan

Mr Iain Wright

48

Clause  7,  page  10,  line  28,  at end insert—

‘(6)	Before the Secretary of State exercises the power to commence this section under

section 78, he must lay before Parliament a report which sets out arrangements—

(a)	to maintain the standards of teacher professionalism and competence

through a Code of Conduct and Practice for Registered Teachers;

(b)	to reduce variability in assessing teacher performance;

(c)	to maintain, or cause to be maintained, a register of all persons who have

been granted qualified teacher status; and

(d)	to end any functions of the GTCE which will not be continued.’.

Kevin Brennan

Mr Iain Wright

49

Clause  8,  page  10,  line  30,  at beginning insert ‘Subject to subsection (3),’.

Mr Graham Stuart

70

Clause  8,  page  11,  line  17,  at end insert—

‘(c)	has displayed sustained professional incompetence.’.

Kevin Brennan

Mr Iain Wright

52

Clause  8,  page  11,  line  20,  at end insert ‘, or a reprimand, conditional registration,

or suspension, which have the same meanings as in schedule 2 to THEA 1998.’.

Mr Graham Stuart

73

Clause  8,  page  11,  line  40,  at end insert—

‘(c)	the names of persons disqualified from membership of the Institute for

Learning due to their professional conduct.’.

Stella Creasy

Meg Munn

79

Clause  8,  page  12,  line  10,  at end insert ‘This will include information held on such

persons by the Independent Safeguarding Authority.’.

Mr Graham Stuart

71

Clause  8,  page  12,  line  19,  at end insert ‘or sustained professional incompetence’.

Public Bill Committee: 15 March 2011

73

Education Bill, continued

Kevin Brennan

Mr Iain Wright

53

Clause  8,  page  12,  line  23,  leave out ‘consider whether it would be appropriate to’.

Stella Creasy

Meg Munn

81

Clause  8,  page  12,  line  25,  at end insert ‘and to the Independent Safeguarding

Authority’.

Mr Graham Stuart

72

Clause  8,  page  12,  line  46,  at end insert ‘or sustained professional incompetence’.

Stella Creasy

Meg Munn

80

Clause  8,  page  13,  line  7,  leave out ‘consider whether it would be appropriate to’.

Kevin Brennan

Mr Iain Wright

51

Clause  8,  page  13,  line  10,  at end insert—

‘141F  (1)

The Secretary of State shall have a duty to raise the professionalism of

teachers in consultation with the following groups—

(a)

teachers;

(b)	employers of teachers;

(c)	providers of teacher training;

(d)	persons concerned with the teaching of persons with special

educational needs;

(e)	religious bodies involved in the provision of education;

(f)	parents of pupils;

(g)	commerce and industry; and

(h)	the general public.

(2)	The Secretary of State shall lay an annual report to Parliament on measures he

has taken to raise the professionalism of teachers.’.

Kevin Brennan

Mr Iain Wright

50

Clause  8,  page  14,  line  40,  at end insert—

‘(3)	Before the Secretary of State exercises the power to commence this section under

section 78, he must lay before Parliament a report which sets out arrangements

which demonstrate he has put in place sufficient resource and expertise to carry

out the teacher misconduct functions.’.

© Parliamentary copyright	Revised 15 March 2011