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back to previous amendments
| | "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"." |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 50 stand part of the Bill. |
| | THE LORD BISHOP OF BLACKBURN
THE LORD ALTON OF LIVERPOOL |
| 229 | Page 37, line 26, at end insert— |
| "( ) | In the case of a Church of England school, a Church in Wales school or a Roman Catholic Church school, before giving consent to the exercise by the local education authority of the powers conferred by subsection (1), the Secretary of State shall consult the appropriate diocesan authority." |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 230 | Page 41, line 11, at beginning insert "following consultation with the local education authority," |
| 231 | Page 41, line 29, at end insert "which shall be the subject of guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 232 | Page 41, line 34, leave out "an order of mandamus" and insert "a mandatory order" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| 233 | Page 42, line 42, after "State" insert "(in relation to England) or the National Assembly for Wales (in relation to Wales)" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 234 | Page 43, line 9, leave out "broad curriculum" and insert "curriculum which satisfies the requirements of section 74(1) but" |
| | THE LORD PESTON
THE BARONESS DAVID |
| 235 | Page 43, line 11, leave out "different" and insert "all" |
| 236 | Page 43, line 11, after "abilities" insert ", and" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 237 | Page 43, line 12, after first "the" insert "local education authority" |
| 238 | Page 43, line 13, at end insert ", and |
| ( ) | is likely, in the opinion of the local education authority in whose area the school is to be situated and in the opinion of any other local education authority in whose area a significant proportion of the pupils at the school is likely to be resident, to make a significant contribution to the raising of educational standards achieved by children in that or those areas." |
| | THE LORD RIX
THE BARONESS SHARP OF GUILDFORD |
| 239 | Page 43, line 13, at end insert— |
| "(2A) | The Secretary of State shall annually lay a report before both Houses of Parliament on the admission of disabled children and children with special educational needs to schools to which an agreement under this section relates." |
| | THE LORD PESTON
THE BARONESS DAVID |
| 240 | Page 43, line 13, at end insert— |
| "( ) | Any agreement proposed should be published at least six months ahead of being formally entered into." |
| 241 | Page 43, line 13, at end insert— |
| "( ) | Any agreement proposed should contain a full financial plan covering the first five years of the academy's existence, and a commitment to keep a full set of accounts and records, and to publish a full set of annual financial accounts, including proper provision for audit." |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 242 | Page 43, line 16, at end insert "to ascertain if the setting up of such a school is part of the authority's strategic planning portfolio— |
| (za) | if the Secretary of State thinks a significant proportion of the pupils at the school is likely to be resident within the area of another local education authority, that authority;" |
| 243 | Page 43, line 21, at end insert "to ascertain if the establishment of Academies is part of that authority's strategic planning portfolio" |
| | THE LORD PESTON
THE BARONESS DAVID |
| 244 | Page 43, line 26, leave out from "or" to second "in" in line 27 |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 245 | Page 43, line 28, after "school" insert— |
| "( ) | compliance with the duties imposed on the governing bodies of maintained schools," |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 246 | Page 151, line 20, at end insert— |
| | "Diocesan Boards of Education Measure 1991 (1991 No. 2) |
| | 1A (1) Section 10 of the Diocesan Boards of Education Measure 1991 is amended as follows. |
| | (2) In subsection (1), in the definition of "church school", at the end there is inserted "or an Academy falling within subsection (1A)". |
| | (3) After that subsection there is inserted— |
| | "(1A) An Academy falls within this subsection if— |
| (a) | at least one member of its governing body is appointed to that body to represent the interests of the Church of England; |
| (b) | the premises provided for the Academy when first established were so provided on trust that, in the event of the discontinuance of the Academy, the property concerned was to be held for, or sold and the proceeds of sale applied for, the benefit of the Church of England; or |
| (c) | the premises provided for the Academy when first established were so provided on trust in connection with the provision of education, or the conduct of an educational institution, in accordance with the tenets of the Church of England."" |
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