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back to previous amendments
| | 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" |
| | THE LORD RIX
THE BARONESS SHARP OF GUILDFORD |
| 176A | Page 30, leave out line 6 and insert— |
| "( ) | The authority shall make available to the forum information about the views on and experience of admissions policies and practices of disabled children and children with special educational needs and their parents. |
| ( ) | The authority may establish sub-committees of the forum to assist the forum in preparing advice on inclusive admissions policies, or for other purposes." |
| 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. |
| | 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" |
| 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 LORD RIX
THE BARONESS SHARP OF GUILDFORD |
| 198A | Page 32, line 23, at end insert "and shall in particular consult disabled children and children with special educational needs and their parents" |
| | 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 DAVID
THE LORD PESTON |
| 202A | Insert the following new Clause— |
| | "Independent review of admission arrangements and selection |
| (1) | The Secretary of State shall, not later than six months after the passing of this Act, appoint an independent body to review the arrangements for England for admission to maintained secondary schools, city academies, city colleges for the technology of the arts, and academies. |
| (2) | The Secretary of State shall invite— |
| (a) | such associations of local education authorities, bodies representing the interest of school governing bodies and parents and organisations representing the school teachers as appear to him to be concerned, and |
| (b) | any other bodies as he considers appropriate, |
| | to make representations to the body established under subsection (1). |
| (3) | The report of the body established under this section shall be laid before each House of Parliament not later than 1st April 2004. |
| (4) | If that body recommends that the arrangements for admission and selection should be modified, the Secretary of State shall bring forward a Bill to make the changes proposed by the independent body." |
| | 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) | 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— |
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