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Baroness Ashton of Upholland: As the noble Baroness, Lady Sharp, will know from our earlier deliberations, the specialist schools programme is well established. The current network of 685 specialist schools includes all types of secondary school across every part of England and encompassing 90 per cent of local education authorities. The schools currently in the programme were designated through an administrative process. That mechanism has worked well for a long timesince 1994, in factand continues to work effectively. Making the designation process statutory would of course make it more cumbersome and would have no benefit for applicant schools. I can see no point in making regulations where there is no good reason for doing so and therefore the new clause should be rejected.
The process of designating a school to a specialist status is not about making a change in the legal status of a school or affecting its admissions policy. It remains a community, foundation, voluntary or special school. I want to be clear on that. Seeking designation in one of the eight specialisms now offered is about the focus on a specific curriculum area to develop a school's distinctive ethos and character in order, as I said earlier, to play to the school's strengths. The extent to which a school is committed to and capable of embedding a specialist school identity is shown by the quality of the application that it submits and during a visit to the school by an assessor.
It is on the basis of that application, which is judged against others and against the published criteria, that the Secretary of State awards specialist designation. By seeking to enshrine in legislation the categories of specialism, the new clause puts unnecessary obstacles in the way of the programme's development. Such an amendment would add to bureaucracy at a time when we are considering how to reduce the burden of regulation.
Let me comment briefly on the inclusion of "international" schools. We have, as I said, retained a curriculum focus at the heart of the programme. Of course, some schools will develop international linksone thinks of modern foreign languages as an obvious example. But we should focus on curriculum areas.
The question of community schools is a different debate. We can debate extending what schools do, but that is inappropriate to the Bill. On that basis, I hope that the noble Baroness will withdraw the amendment.
Baroness Sharp of Guildford: I am disappointed by the Minister's reply. The concept of a specialist community school is rather a good one. I am sorry that she has dismissed it out of hand.
I recognise what the Minister says about the focus on the curriculum. Nevertheless, as she knows, it carries a considerable money tag. The schools that
need the extra resources are the schools that, arguably, find it most difficult to meet the requirement to raise the extra £50,000 for the curriculum tag. The definition of a specialist school is too narrow, and we should widen it.Given the lateness of the hour, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Baroness Walmsley moved Amendment No. 248:
The noble Baroness said: In moving Amendment No. 248, I shall speak to Amendment No. 253 and oppose the Question that Clauses 66 and 67 stand part of the Bill. It may sound as though it will be a long speech, but it will not, as the Committee will be relieved to hear. I shall be concise.
Clauses 66 and 67 enshrine in the Bill further ways in which powers and responsibilities are to be taken away from local authorities and given to the Secretary of State. That undermines local democracy and is part of the centralising agenda behind the Bill. Under those clauses, the LEA would have to invite bids to establish new secondary schools, and the resultant competition would determine who established the school. By removing the clauses, inserting the new clause proposed in Amendment No. 248 and removing paragraph (b) of Clause 67(2), we would ensure that local leaders would decide on the planning of new secondary schools in consultation with the LEA. They would be able to take into consideration the needs of other schools in the area, as well the type of demand for a new school.
Such consultation can work well, as has already been proved in Clapham. There, a new schoola city academywill be privately sponsored by the Church Schools Company and will have an intake of up to 180 students per year. It will meet an urgent need for places in the borough. The school was established after long consultation with the council and residents on its ethos, admissions criteria, curriculum, the make-up of the governing body and many other matters. Such consultation could be bypassed by Clauses 66 and 67. That is why I am concerned about them.
The school organisation committees were established to oversee school planning in an area and to consult all stakeholders. It is important that those bodies are always involved in such planning and that that function is not centralised in the hands of the Secretary of State. I beg to move.
Baroness Ashton of Upholland: The new clause would, as the noble Baroness, Lady Walmsley, said, reverse the provisions that we are introducing in Clauses 66 and 67 of the Bill.
Clause 66 provides that, if a local education authority thinks that an additional schoolI choose my words carefullyis necessary, it must publish a notice inviting proposals from interested parties. At the end of the period given for proposals to be made, it may also make proposals of its own. All the proposals will be considered together and decided on by the Secretary of State. Between 1998 and 2001, there were 17 additional schools. Last year, there were six.
The new clause provides for proposals to establish, alter or discontinue a school to be made by an admissions authority or by the local education authority if it is not the admissions authority. The proposal would then be decided on by the school organisation committee. That goes beyond reversing the provisions of Clause 66 and would greatly extend the powers of local education authorities over schools for which they are not the admissions authority. Most proposals relating to alterations to voluntary and foundation schools are the sole responsibility of their governing body. The new clause would allow an LEA, for example, to propose the closure of a voluntary-aided school.
The suggestion that the Secretary of State should be able to publish proposals to establish or alter an academy is both at odds, and odd, in terms of local decision-making. Plans for academies are developed by local partnerships, including the local education authority and the sponsor, which provides the substantial contribution, as Members of the Committee know, to capital costs. The Secretary of State already has powers to terminate agreements with academies.
However, not only are its ramifications very wide, we cannot accept the replacement of the provisions of Clause 66. We believe that our proposals will encourage a greater range of providers to think seriously about establishing new secondary schools, and help to encourage greater innovation across the state sector.
I should like to say more about the way in which this proposal would work. The basis of this clause is that when a local education authority believes that a new secondary school is necessary, the way in which it will put this forward is that the local education authority will publish a notice, identify a site, invite any interested parties to come forward and publish a notice setting out information. All the proposals go to the local organisation committee for comment before being passed on to the Secretary of State, and will be considered on their individual merits.
We want to rectify the position that at present those who have an interest in providing a new secondary school may simply not be aware that there is any need for additional places. Even if they are, they may not be able to find a suitable site. We want to rectify that and to create a level playing field for new promoters. The notice will specify a site.
The noble Baroness has argued that this clause takes power from local education authorities. I do not believe that, for the reasons that I have already explained. I can say one thing that I hope will be helpful without damaging the principles of the clause. If it would help Members of the Committee, I am prepared to bring forward an amendment at the next stage to remove the requirement in Clause 66(1) for local education authorities to seek the Secretary of State's consent before presenting a notice under this clause. That confirms the local education authority as being firmly in the driving seat in this process. I hope that that might help the noble Baroness.
Clause 67 simply updates existing provisions to allow LEAs greater flexibility in responding to directions. The Secretary of State already has powers in Schedule 7 to the School Standards and Framework Act 1998 to direct local education authorities and governing bodies to bring forward proposals to rectify any shortfall or surplus of school places, and to bring forward her own proposals if she is not satisfied with those published in response to the direction. This clause simply widens a local education authority's possible range of response to a direction by adding the new powers of Clause 66 to the existing arrangements. I should stress that the powers in this clause are very much powers of last resort that would be used only in very exceptional circumstances.
I turn briefly to Amendment No. 253. I should stress that it would not reinstate the local education authority's ability to respond to a direction from the Secretary of State by publishing proposals for additional schools without inviting other interested parties to make bids. That would require that paragraph 97(2) of Schedule 21 should cease to have effect in those circumstances. The actual effect of the amendment would be to limit a local education authority's ability to respond to a direction because it would not be able to create an additional school. The fact that these proposals are being made in response to a direction does not change our view that all interested parties in an area should be properly informed of the need for a new school so that they can consider the contribution they can make.
As I said, our provisions do not prevent local education authorities making their own proposals; they merely ensure that others do so as well. In the light of all that I have said, I hope that the noble Baroness, Lady Walmsley, will feel able to withdraw her amendment.
"PROPOSALS TO ESTABLISH ETC.
( ) A proposal to establish, alter or discontinue a school can be made by an admission authority or potential admission authority, the Secretary of State in the case of a City Academy, or the Local Education Authority where the authority is not the admission authority.
( ) All proposals shall be considered and determined by the School Organisation Committee which covers the area in which the proposed school is to be situated."
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