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back to previous amendments
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 190 | Page 31, line 5, leave out "may" and insert "shall" |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 191 | Page 31, line 8, leave out "arrangements" and insert "dates" |
| | THE LORD RIX
THE BARONESS SHARP OF GUILDFORD |
| 192 | Page 31, line 9, at end insert— |
| "(aa) | to include in that scheme specific arrangements for the admission of children with special educational needs," |
| 193* | Page 31, line 9, at end insert— |
| "( ) | to include in that scheme specific arrangements for the admission of children in public care," |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 194 | Page 31, line 12, at end insert— |
| "( ) | Powers under these regulations shall not be used in such a way as to interfere with the admissions procedures of schools that select pupils by ability or aptitude." |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 195 | Page 31, line 13, after "may" insert "after consultation with the admission forum for the local education authority concerned" |
| 196 | Page 31, line 28, leave out "may" and insert "shall" |
| 197 | Page 31, line 32, leave out "may" and insert "shall" |
| 198 | Page 31, line 43, at end insert ", or |
| "(c) | that in considering admissions to a particular school, no admission authority shall be permitted to take into consideration information relating to parental preferences other than the fact that a parent has expressed a preference for that school, and that no local education authority shall supply an admissions authority with information relating to parental preferences other than that which they are entitled to take into consideration" |
| | THE BARONESS DARCY DE KNAYTH |
| 199 | Page 32, line 41, at end insert— |
| "( ) | Regulations shall make provision for a legally qualified person, trained in an understanding of the Disability Discrimination Act 1995 (c. 50), as amended by the Special Educational Needs and Disability Act 2001 (c. 10), to chair any appeal panel where a claim of disability discrimination is being heard as part of an admissions appeal." |
| | THE LORD RIX
THE BARONESS SHARP OF GUILDFORD |
| 200 | Page 33, line 6, at end insert— |
| "(5BA) | In determining whether any decision purporting to be based on grounds of prejudice or incompatibility under section 86 of the School Standards and Framework Act 1998 (c. 31) (parental preferences) is validly so based, regard shall be had to the extent to which an admission authority has reasonable steps to meet the child's special educational needs." |
| 201 | Page 33, line 11, at end insert— |
| "( ) | An appeal pursuant to any arrangements made under this section shall have a legally qualified chair whenever a claim by a looked after child is being heard." |
| | The Lord Lucas gives notice of his intention to oppose the Question that Clause 47 stand part of the Bill. |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 202 | Insert the following new Clause— |
| | "Appeals pursuant to decisions of the adjudicator |
| | In section 25 of the School Standards and Framework Act 1998 (c. 31) (adjudicators) there shall be inserted— |
| "(5) | The Secretary of State shall make arrangements for a body to hear appeals pursuant to decisions of the adjudicator."" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 203* | Page 133, line 30, at end insert— |
| "( ) | After subsection (3)(c) there is inserted "; or |
| (d) | if the child has been identified upon an assessment requested by the head teacher of the school as having significant emotional and behavioural difficulties and the local education authority responsible for maintaining the school is unwilling or unable to provide to the school such resources as may reasonably be considered appropriate to meet the needs of the child"" |
| | THE LORD RIX
THE BARONESS SHARP OF GUILDFORD |
| 204 | Page 134, line 14, at end insert— |
| "(8) | After subsection (9) there is inserted— |
| "(10) | "Ability" and "aptitude" shall be interpreted to include among selected children those children with special educational needs who require additional support in displaying and developing the relevant ability and aptitude."" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 205 | Page 134, leave out lines 25 to 34 |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 206 | Page 134, line 25, leave out "by the governing body" |
| 207 | Page 134, leave out lines 38 to 41 and insert— |
| | ""the relevant authority" means— |
| (a) | the responsible body as defined by subsection (5) of section 49 of the Education Act 2002, or |
| (b) | a panel constituted in accordance with regulations under subsection (3)(c) of that section." |
| | THE BARONESS DAVID
THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 208* | Page 135, line 43, leave out paragraph 6 and insert— |
| "(1) | In Section 90 of the 1998 Act (reference of objections to adjudicator or Secretary of State) is amended as follows. |
| (2) | In subsection (1)(b), for "consulted by the admission authority under section 89(2)" there is substituted "who were, or would but for subsection (2A) of section 89 have been, required to be consulted by the admission authority under subsection (2) of that section". |
| (3) | In subsection (2), paragraph (c) is omitted." |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 209 | Page 136, line 20, leave out "may" and insert "shall" |
| 210 | Page 136, line 33, at end insert "and may in particular require the publication of information in a specified format in a specified location on the internet" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 211 | Page 139, line 3, at end insert— |
| | "Diocesan Boards of Education Measure 1991 |
| | 13A In section 3 of the Diocesan Boards of Education Measure 1991 (1991 No. 2) (transactions for which advice or consent of Board is required), after paragraph (c) there is inserted— |
| "(cc) | consulting under section 89(2) of that Act about proposed admission arrangements for any school year;"." |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 212 | Page 139, line 3, at end insert— |
| | In section 99 of the 1998 Act (general restriction on selection by ability or aptitude) subsection (4)(b) is omitted. |
| | Section 102 of the 1998 Act (permitted selection: aptitude for particular subjects) shall cease to have effect." |
| 213 | Page 33, line 19, after "may" insert "in exceptional circumstances" |
| 214 | Page 33, line 20, at end insert— |
| "( ) | Where the head teacher of a maintained school excludes any pupil, the head teacher shall without delay take reasonable steps to inform the pupil's parent (or the pupil if aged over 18) of— |
| (a) | the period of exclusion, |
| (b) | the reasons for the exclusion, and |
| (c) | his right to make written or oral representations to the governing body." |
| 215 | Page 33, line 20, at end insert— |
| "( ) | A teacher or head teacher shall, in excluding a pupil under subsection (1) or (2), have regard to any guidance issued by the Secretary of State. |
| ( ) | The Secretary of State may give guidance as to the period of absence from school which may justify a permanent exclusion." |
| 216* | Page 33, line 20, at end insert— |
| "( ) | Where the head teacher of a maintained school excludes any pupil in public care, the head teacher shall without delay take reasonable steps to inform the pupil's carer of a person in his locality to whom he may apply for independent free advocacy or to whom he may apply for independent information and advice on the obtaining of such advocacy." |
| | THE BARONESS DARCY DE KNAYTH |
| 217 | Page 33, line 23, at end insert— |
| "(aa) | requiring a head teacher to provide the responsible body with information on the identification of, the assessment of and the provision made for any special educational need that an excluded pupil may have, |
| (ab) | requiring the responsible body to take account of any information provided under paragraph (aa) in determining whether or not to reinstate an excluded pupil," |
| 218 | Page 33, line 27, leave out ", in any prescribed case," |
| 219 | Page 33, line 28, after "regulations" insert ", or to the Special Educational Needs and Disability Tribunal constituted under section 17 of the Special Educational Needs and Disability Act 2001 (c. 10)," |
| 220 | Page 33, line 29, after "pupil" insert "or against any decisions made as to the educational provisions made under section 19 of the 1996 Act" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 221 | Page 33, line 29, after "pupil," insert— |
| "( ) | as to the matters to which the responsible body, or the panel constituted in accordance with the regulations, as the case may be, must have regard, |
| ( ) | as to the measures to be taken in the school, or pupil referral unit, as the case may be, to provide support appropriate to needs of the pupil in the event of any decision made under the regulations leading to that pupil's reinstatement," |
| 222 | Page 33, line 29, after "pupil," insert— |
| ( ) | requiring any child in public care to be represented in the event of any exclusion under subsection (1) or (2), for that representation to be independent of the local education authority and funded through the Community Legal Service in the matter of an appeal under subsection (3)(c), and for representations to be made on behalf of such a child at every suitable opportunity" |
| | THE BARONESS DARCY DE KNAYTH |
| 223 | Page 33, line 29, after "pupil," insert— |
| ( ) | for a legally qualified person, trained in an understanding of the Disability Discrimination Act 1995 (c. 50), as amended by the Special Educational Needs and Disability Act 2001 (c. 10), to chair any appeal panel where a claim of disability discrimination is being heard as part of an exclusions appeal." |
| 224* | Page 33, line 30, at end insert— |
| "( ) | for a legally qualified person to chair any exclusion panel appeal." |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 225 | Page 33, line 35, leave out "any" and insert "the" |
| | THE BARONESS DARCY DE KNAYTH |
| 226 | Page 33, line 41, at end insert— |
| "( ) | Where the excluded child is— |
| (a) | on School Action or School Action Plus, or |
| (b) | being assessed by the authority under section 323 of the Education Act 1996 (c. 56) (assessment of educational needs), or |
| (c) | the subject of a statement of special educational needs, |
| | the authority shall provide the parent of the child concerned with notice in writing of a person to whom he may apply for independent information and advice." |
| 227 | Page 34, line 36, at end insert— |
| "( ) | Where a child has been reinstated to his school by the decision of the governing body or a local appeal panel, the governing body shall secure that he engages in the activities of the school together with the other children at the school." |
| 228 | Insert the following new Clause— |
| (1) | If a parent or guardian of a child registered at a maintained school behaves in a manner which— |
| (a) | exhibits violence towards a member of staff of that school, whether or not on the premises of the school, or |
| (b) | disrupts the normal functioning of the school, |
| | he shall be guilty of an offence. |
| (2) | A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. |
| (3) | Section 8 (parenting orders) of the Crime and Disorder Act 1998 (c. 37) is amended as follows— |
| (a) | after subsection (1)(d) there is inserted— |
| (e) | a person is convicted of an offence under section (parental behaviour) of the Education Act 2002"; |
| (b) | in subsection (2) after "444" there is inserted "of the Education Act 1996 (c. 56) or section (parental behaviour) of the Education Act 2002"; and |
| (c) | after subsection (6)(d) there is inserted— |
| "(d) | in a case falling within paragraph (e) of that subsection, the commission of any further offence under section (parental behaviour) of the Education Act 2002"." |
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