Session 2010 - 11
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13

 

House of Commons

 
 

Tuesday 15 March 2011

 

Public Bill Committee Proceedings

 

Education Bill


 

[Ninth and Tenth sittings]


 

Stella Creasy

 

Withdrawn  2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

 

Withdrawn  27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

 

Not called  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;

 

(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

 

Not called  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.’.


 
 

Public Bill Committee Proceedings: 15 March 2011          

14

 

Education Bill, continued

 
 

Kevin Brennan

 

Mr Iain Wright

 

Withdrawn  35

 

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

 

‘(aa)    

direct that the pupil be reinstated,’.

 

Pat Glass

 

Negatived on division  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

 

Withdrawn  64

 

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

 

‘(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.’.


 
 

Public Bill Committee Proceedings: 15 March 2011          

15

 

Education Bill, continued

 
 

Kevin Brennan

 

Mr Iain Wright

 

Negatived on division  36

 

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

 

resolution’.

 

Kevin Brennan

 

Mr Iain Wright

 

Not selected  29

 

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

 

circumstances prescribed by regulations’.

 

Kevin Brennan

 

Mr Iain Wright

 

Withdrawn  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

 

Not called  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

 

Not called  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

 

Not called  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.’.

 

Kevin Brennan

 

Mr Iain Wright

 

Not called  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.’.


 
 

Public Bill Committee Proceedings: 15 March 2011          

16

 

Education Bill, continued

 
 

Kevin Brennan

 

Mr Iain Wright

 

Withdrawn  31

 

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

 

Kevin Brennan

 

Mr Iain Wright

 

Not called  32

 

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

 

Kevin Brennan

 

Mr Iain Wright

 

Not called  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.’.

 

[Adjourned until Thursday at 9.00 am


 
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