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back to previous amendments
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 148 | Insert the following new Clause— |
| ( ) | In section 81 of the School Standards and Framework Act 1998 (c. 31) (application of employment law during financial delegation) there is inserted— |
| "(3) | No order may be made under this section so as to have the effect of denying to any person employed to work at any community, voluntary controlled, community special or maintained nursery school any of the rights he may have as an employee in respect of any power or duty imposed upon local education authorities by or under any enactment relating to employment as mentioned in subsection (1) and falling to be discharged by the authority in consequence of the operation of section 34(3) of the Education Act 2002 (staffing of community, voluntary controlled, community special and maintained nursery schools). |
| (4) | Regulations made under this section shall not have effect so as to release a local education authority from any duty imposed upon it by or under any enactment relating to employment by virtue of its status as an employer consequent upon the operation of subsection (3)."" |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 149 | Page 21, line 38, at end insert— |
| | "which have been designated as a `Failing School' or when inspection has highlighted serious concerns about the leadership or governance of the school" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 150 | Page 21, line 40, leave out from "under" to end of line 42 and insert "the direction of the headteacher of a school to which this section applies is to be employed by the governing body of the school under a contract of employment" |
| 151 | Page 22, line 3, leave out "may" and insert "shall" |
| 152 | Page 22, line 5, leave out "may" and insert "shall" |
| 153 | Page 22, line 21, at end insert ", and |
| ( ) | confer functions on the local education authority in respect of the appointment of headteachers" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 154 | Page 24, leave out lines 3 to 6 |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 155 | Page 24, line 10, leave out "or a maintained nursery school" |
| 156 | Page 24, leave out lines 12 and 13 |
| 157 | Page 24, line 16, at end insert— |
| | ""terms" means those days within any school year on which pupils are required to attend school." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 158 | Page 24, line 17, leave out subsection (2) |
| 159 | Insert the following new Clause— |
| (1) | The School Standards and Framework Act 1998 (c. 31) is amended as follows. |
| (2) | In section 91 (special arrangements to preserve religious character of foundation or voluntary aided school) after subsection (1) insert— |
| "(1A) | Before proposing any special arrangements, and at intervals of no more than five years where such special arrangements are in force, the governing body shall take note of any relevant guidance issued by any religious authorities which the governing body acknowledges as having influence over the school."" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 160 | Page 25, leave out lines 30 and 31 |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 161 | Page 25, line 30, leave out "the Secretary of State or" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 162 | Page 25, line 31, leave out "or the authority's schools forum" |
| 163 | Page 25, line 32, leave out "the end of January" and insert "15th February" |
| | THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON |
| 164 | Page 25, line 38, at end insert ", and |
| (c) | provide schools in their area with a guideline on the amount that they might spend on special educational provision." |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 39 stand part of the Bill. |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| 165 | Page 27, line 3, at end insert "and in Wales unless a draft of the order has been laid and approved by a resolution of the National Assembly for Wales" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 40 stand part of the Bill. |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 166 | Page 27, line 17, after "shall" insert "if requested by a majority of governing bodies of maintained schools in their area" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 167 | Page 27, line 18, leave out "a" and insert "an advisory" |
| 168 | Page 27, line 26, after "functions" insert "of giving advice to the relevant authority" |
| 169 | Page 27, line 28, after "functions" insert "of giving advice to the relevant authority" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 170 | Page 27, line 29, at end insert— |
| "(3A) | Regulations made under section 45A(3) or by virtue of subsection (3)(b) may include provision requiring relevant authorities to consult schools forums in relation to prescribed matters or before taking prescribed decisions." |
| | THE LORD BISHOP OF BLACKBURN
THE LORD ALTON OF LIVERPOOL |
| 171 | Page 27, line 31, at end insert— |
| "( ) | Regulations shall secure that the membership of a schools forum includes representatives of the governing bodies and head teachers of any voluntary aided schools maintained by the authority." |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY
THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 41 stand part of the Bill. |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 172 | Page 28, line 22, at end insert ", and |
| ( ) | to provide information to the local education authority and the parents of pupils on roll at the school, reasons for holding reserves, if at the end of the financial year the statement of account indicates that such reserves are in excess of 1 per cent of the school's budget" |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 173 | Insert the following new Clause— |
| | "Restrictions relating to petitions and ballots |
| | After section 106 of the School Standards and Framework Act 1998 (c. 31) (ballot regulations: eligibility of parents to request or vote in ballot) there is inserted— |
| "106A | Restrictions relating to petitions and ballots |
| | Where a petition of parents has been initiated, or a ballot held and no change to admissions arrangements has been agreed, no further ballot may take place within a period of six years from the initiation of the petition."" |
| | THE LORD PESTON
THE BARONESS DAVID |
| 174 | Insert the following new Clause— |
| | "Interpretation of Chapter 3 |
| | "Admission" in this Chapter refers to the admission by any potential pupil applying to enter any school in the area of the local education authority, especially those living in the area." |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 175 | Page 29, line 33, after "shall" insert "if requested by a majority of governing bodies of maintained schools in its area" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 176 | Page 29, line 39, after "schools" insert "and city technology colleges, city colleges for the technology of the arts, city academies and academies" |
| 177 | Page 30, line 9, at end insert ", and in particular shall provide for the inclusion of persons or representatives from neighbouring local education authority areas" |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 178 | Page 30, line 15, at end insert "but need not accept that advice" |
| 179 | Page 30, line 19, at end insert— |
| "( ) | Admission forums shall report to the Secretary of State on the admission of children in public care." |
| 180* | Page 30, line 19, at end insert— |
| "( ) | Admission Forums shall seek the views of carers of children in public care and make these known to the admission authorities." |
| 181* | Page 30, line 19, at end insert— |
| "( ) | The local education authority shall publish a report each year on the admission of children in public care." |
| | THE LORD RIX
THE BARONESS SHARP OF GUILDFORD |
| 182 | Page 30, line 19, at end insert— |
| "( ) | The local education authority shall publish a report each year on the admission of disabled children and children with special educational needs."" |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 44 stand part of the Bill. |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 183 | Insert the following new Clause— |
| (1) | Section 86 of the School Standards and Framework Act 1998 (c. 31) (parental preference) is amended as follows. |
| (2) | In subsection (3) after paragraph (c) there is inserted "; or |
| (d) | if compliance with the preference would result in an unsustainable balance between boarding places and day places at a maintained boarding school."" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 184* | Page 30, line 27, at end insert— |
| "( ) | For section 86(4) of the School Standards and Framework Act 1998 (c. 31) there is substituted— |
| "(4) | For the purposes of subsection (3)(a), prejudice of the kind referred to in that provision may, without prejudice to the generality of that provision, arise in any of the following circumstances, that is to say— |
| (a) | by reason of measures required to be taken in order to ensure compliance with the duty imposed by section 1(6) (duty of local education authority to comply with limit on infant class size); |
| (b) | for any reason relating to the unavailability to a preferred school of suitably qualified staff; |
| (c) | for any reason relating to the unavailability of suitably accessible accommodation; |
| (d) | for any reason relating to the unavailability to the preferred school of resources sufficient to ensure compliance in relation to the child whose admission to that school is sought with the duties imposed by section 75(2) and (3) of this Act (duties of local education authorities and governing bodies in relation to the curriculum)."" |
| 185 | Page 30, line 38, at end insert— |
| "( ) | Where a maintained school has designated places for boarding and day pupils, the admission authority shall allow the school to maintain separate admission arrangements for each category of pupil and to determine separately for each category the number of pupils in each relevant age group that it is intended to admit to the school in that year." |
| 186 | Page 30, line 44, at end insert— |
| "( ) | The admission authority for a maintained school may admit more than the determined number of pupils in a particular relevant age group in a particular school year where these children are in public care." |
| 187 | Page 30, line 44, at end insert— |
| "( ) | An admission authority for a maintained school shall include a determination of the minimum number of vulnerable children (including those with special educational needs or in public care) in each relevant age group that it is intended to admit to the school in each year." |
| 188 | Page 30, line 44, at end insert— |
| "( ) | An admission authority for a maintained school shall include a determination of the minimum number of challenging children (including those excluded from another school) in each relevant age group that it is intended to admit to the school in each year." |
| 189* | Page 30, line 44, at end insert— |
| "( ) | The admission authority for a maintained school may admit more than the determined number of pupils in a particular relevant age group in a particular school year where these additional pupils are in public care." |
| | The Lord Lucas gives notice of his intention to oppose the Question that Clause 45 stand part of the Bill. |
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