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Baroness Ashton of Upholland: Again, another new idea has been introduced to the Committee. I, too, have carried out a head count of the women. I agree with the noble Baroness, Lady Blatch, that they are extremely effective. I shall of course pass on that view to my right honourable friend the Secretary of State, who also fits into the category. This is a serious point. I am not quite sure how to respond to it in the context of the amendment, except to say that it is important that we ensure that able women can achieve in, and be at the top of, our education system.

As regards Amendment No. 27, in proposing performance criteria for earned autonomy we are absolutely clear that performance relates to "educational performance". We believe that the performance criteria, on which we propose to consult, involves looking at a school's performance within the relevant free school meal band for precisely this reason.

We want to ensure that schools facing a variety of circumstances are eligible for earned autonomy. Included in this is our intention that schools in the

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most challenging circumstances are able to qualify for, and obtain, earned autonomy. As the noble Lord has requested, and the noble Baroness, Lady Sharp, has said, over time, as value-added measures are introduced, we are committed to considering how that data can be incorporated into the performance criteria.

Our proposals in this respect are set out in the earned autonomy policy document provided in another place and available from the House Library. However, I would draw the Committee's attention to point 8 of that guidance, where we describe how we would remove flexibilities and freedoms. We recognise that school performances can be variable and we would wish to see flexibilities removed only if performance fell significantly or over a protracted period of time and where the use by the school of the increased flexibilities might be a contributing factor. We have expressed this by saying that if a school's performance either falls significantly below the top 25 per cent mark in its free school meal band for three years running, or falls below the median performance level in that free school meal band in any one year, or is judged by Ofsted to fall below "excellent" or "very good" in two of the three aspects above. I hope that that is helpful.

As to Amendment No. 28, we intend that the school's management should be included in the criteria. It is an intention that we have already set out in the policy statement I referred to earlier. We intend that the detailed content of the criteria should be set in regulations rather than in primary legislation. That will allow us as the policy develops to develop the criteria, broadening the availability of earned autonomy to yet more well led, high-performing schools.

However, the noble Lord has made a point that we should consider further. We have distinguished elsewhere in the Bill—for example, in Schedule 16 which makes minor amendments to the School Inspections Act—between "leadership" and "management". It has always been our intention that the two areas of leadership and management should be used together in making judgments in this area, and my noble friend is right to point out that there is at least some doubt as to whether the primary legislation enables us to do so. I can reassure him that I shall consider the point further with a view to bringing forward an amendment at Report stage, if necessary, to ensure that judgment about management can be included in the criteria. With this assurance, I trust that my noble friend will withdraw his amendment.

Lord Peston: I thank my noble friend for her encouraging reply. Perhaps I may make one last point which I forgot to make earlier. I hope that we recognise that although we are talking about schools, a school is already a quite large body. In the days when I visited schools, one of the things that made me feel optimistic about the world was that, even in a bad school, teachers were performing miracles in adverse circumstances. I know my noble friend will agree that although we are trying to improve a school within a

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school, we must recognise always that there will be people there who are doing remarkable work. We must not undermine that remarkable work even though, overall, the school itself needs to improve. Having said that, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendment No. 28 not moved.]

Baroness Sharp of Guildford moved Amendment No. 29:

Page 4, line 7, at end insert "and shall include criteria requiring the school to demonstrate how any exemption will be evaluated in terms of its impact on disabled pupils and pupils with special educational needs"

The noble Baroness said: In moving Amendment No 29, I shall speak also to Amendments Nos. 30 and 43. This group of amendments again concerns special educational needs. The arrangements in this chapter of the Bill are all about successful schools. It is the demonstrated success of a school that will qualify it for exemption from or modification of statutory powers.

The Special Education Consortium—I speak on its behalf—is very concerned that three key criteria should be met to ensure that the arrangements for earned autonomy take adequate account of the education of disabled children and children with special educational needs. Three particular aspects about which we are concerned are represented by the three amendments.

First, schools which are deemed to be successful should be able to demonstrate that they have been successful in promoting the education of disabled children and children with educational needs. Traditional measures of success depend heavily on test and examination performance. Such outcomes may not adequately reflect a school's work with disabled children and children with special educational needs. In fact, it is possible for a school to be performing well on test and examination outcomes but to be neglecting the progress of disabled children and children with SEN. By contrast, it is likely that a school which is promoting the achievement of disabled children and children with SEN is promoting also the achievement of all the other children in the school. So it is crucial for schools seeking earned autonomy to be able to demonstrate satisfactorily their ability to provide, and to provide well, for disabled children and children with special educational needs. That is why we are pressing Amendment No. 29.

We are concerned, secondly, that there should be a requirement to show how the impact of any exemption or any innovation will be evaluated from the point of view of its impact on disabled pupils and pupils with SEN. Again, it would be possible for the exemptions or modifications earned by a school further to disadvantage disabled children and children with SEN. There might, for example, be a narrowing of the curriculum or a reliance on classroom assistants to provide teaching for children with SEN, with teachers acting in a more consultative mode. Interaction with a teacher lies at the heart of the learning process, and other staff may not be adequately trained to spot the

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clues to a child's progress and to exploit them to the benefit of the child. That explains why we are putting forward the second amendment.

The third amendment, Amendment No. 43, is concerned with the ability of successful schools to demonstrate that they have significant support from parents and the community, and in particular from parents with disabled children and children with special educational needs.

There are provisions for the governing body to consult with parents before an application is submitted under this chapter of the Bill. It is important that consultation specifically seeks out the views of parents of disabled children and children with SEN. Any modification or exemption may affect such children disproportionately. The views of this group of parents should be made clear in the application. I look forward to the Minister's response to our reasons for putting forward the three amendments. I beg to move.

Baroness Blatch: The noble Baroness has spoken to Amendment No. 43. I believe that she misinterpreted it anyway, but she referred to it as one of three Liberal Democrat amendments. Amendment No. 43 stands in my name, so I am not sure whether she was referring to a different amendment.

Baroness Sharp of Guildford: I beg the noble Baroness's pardon. I see that our amendments are Amendments Nos. 29 and 30.

Baroness Blatch: All these amendments refer to the protection of children with special needs, but Amendment No. 43 in my name—and I shall speak also to Amendment No. 39—seeks to ensure that,

"No regulations . . . shall limit or reduce the provision of special educational needs in any qualifying school".

I return to the fact that there is universal concern about this issue. I was contacted only today by the NUT, which makes some interesting points on Amendment No. 39. In its briefing, it refers to the fact that the Bill contains no guarantee of the protection of such children. We have made that point ad nauseam during the course of the debate. The NUT goes on to say:

"The Government has stated its intention that 'every school must continue to teach the basics and offer a broad and balanced curriculum'".

There is a tension here. The Bill allows for an exemption from those requirements. So it would be helpful to know exactly what the Government will regard as a no-go area for the purposes of asking for exemptions. The NUT briefing continues:

"It is not clear what is meant by 'a broad and balanced curriculum'".

At some point in the debate we shall need a definition from the Government as to what they believe is a "broad and balanced curriculum".

The Green Paper and the White Paper emphasise the importance of sports, the arts, drama and music, but again there is little or no reference to history or

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geography. I know that outside this Chamber there is considerable concern, for example, that the term "humanities" will not necessarily include history and/or geography. In addition, the Green Paper and the White Paper imply that sports, the arts, drama and musical activities are increasingly seen as extra-curricular; therefore, not all pupils will have the same opportunities for access.

I return to my earlier suggestion. It is becoming clearer and clearer to me that all the different amendments that we have tabled in order to provide protection for children with special educational needs may not be the best way to go about this. I implore the noble Baroness to give some consideration between now and the next stage of the Bill to a portmanteau statement at the outset of the Bill, in or before Clause 1, setting in statute protection for the interests and needs of such children if any SEN legislation being applied for in terms of exemption fell foul of that basic, fundamental protection. That provision could be included in a single amendment and would be hugely helpful.

For that reason, I shall not press my Amendments Nos. 39 and 43. There is still some debate to be had about the matter and there may be a meeting of minds on finding a better way of building in protection for children with special educational needs.

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