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Education and Inspections Bill


Education and Inspections Bill
Schedule 7 — Amendments relating to schools causing concern
Part 2 — Minor and consequential amendments

199

 

Education Act 2002 (c. 32)

19         

In section 25 of EA 2002 (federations: supplementary provisions), in

subsection (1)—

(a)   

before paragraph (a) insert—

“(za)   

Part 4 of the Education and Inspections Act 2006

5

(schools causing concern: England),”, and

(b)   

in paragraph (a), for “(intervention in schools causing concern)”

substitute “(intervention in schools causing concern: Wales)”.

20         

After section 62 of EA 2002 insert—

“62A    

Power to require LEA in England to obtain advisory services

10

(1)   

This section applies where—

(a)   

one or more schools maintained by a local education

authority in England are for the purposes of Part 4 of the

Education and Inspections Act 2006 (schools causing

concern: England) eligible for intervention by virtue of either

15

of the following provisions of that Act—

(i)   

section 54 (school requiring significant

improvement), or

(ii)   

section 55 (school requiring special measures), and

(b)   

it appears to the Secretary of State that the local education

20

authority—

(i)   

have not been effective or are unlikely to be effective

in eliminating deficiencies in the conduct of that

school or those schools,

(ii)   

are unlikely to be effective in eliminating deficiencies

25

in the conduct of other schools which may in the

future fall within paragraph (a), or

(iii)   

maintain a disproportionate number of schools

falling within that paragraph.

(2)   

The Secretary of State may direct the local education authority to

30

enter into a contract or other arrangement with a person specified in

the direction, or a person falling within a class so specified, for the

provision to the authority or the governing body of any school

maintained by them (or both) of specified services of an advisory

nature.

35

(3)   

The direction may require the contract or other arrangement to

contain specified terms and conditions.

(4)   

In this section “school” means a community, foundation or voluntary

school, a community or foundation special school or a maintained

nursery school.

40

(5)   

Any direction given under this section shall be enforceable, on an

application made on behalf of the Secretary of State, by a mandatory

order.”

21    (1)  

Section 63 of EA 2002 (power to require LEA to obtain advisory services) is

amended as follows.

45

      (2)  

In subsection (1)—

 

 

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”

200

 

(a)   

in paragraph (a), after “by a local education authority” insert “in

Wales”, and

(b)   

in paragraph (b), for the words from “Secretary” to “Wales)”

substitute “National Assembly for Wales”.

      (3)  

In subsection (2), for the words from the beginning to “Wales)” substitute

5

“The National Assembly for Wales”.

      (4)  

In subsection (5), omit “of the Secretary of State or, as the case may be,”.

      (5)  

In the heading, after “LEA” insert “in Wales”

22    (1)  

Section 64 (provisions supplementary to section 63) is amended as follows.

      (2)  

In subsections (1) and (2), for “section 63” substitute “section 62A or 63”.

10

      (3)  

In subsection (7)—

(a)   

in the definition of “the advisory services” for “section 63” substitute

“section 62A or 63”, and

(b)   

in the definition of “the relevant person”, in paragraph (a) for

“section 63(2)” substitute “section 62A(2) or 63(2)”.

15

      (4)  

In the heading, for “section 63” substitute “sections 62A and 63”.

Education Act 2005 (c. 18)

23         

In section 5 of EA 2005 (duty to inspect schools at prescribed intervals), in

subsection (4)(c), for “section 19 or 32 of that Act” substitute “section 17 or 61

of the Education and Inspections Act 2006”.

20

24         

In section 18 of EA 2005 (interpretation of Chapter 2 of Part 1), in paragraph

(a) of the definition of “appropriate appointing authority”, omit “, a Church

in Wales school”.

Schedule 8

Section 70

 

Travel to schools etc: meaning of “eligible child”

25

           

After Schedule 35A to EA 1996 insert—

“Schedule 35B

Section 508B

 

Meaning of “eligible child” for purposes of section 508B

1          

For the purposes of section 508B (travel arrangements for eligible

children) an “eligible child” means a child who falls within any of

30

paragraphs 2 to 7 or 9 to 12.

Children with special educational needs, a disability or mobility problems

2          

A child falls within this paragraph if—

(a)   

he is of compulsory school age and is any of the

following—

35

a child with special educational needs;

a disabled child;

 

 

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”

201

 

a child with mobility problems,

(b)   

he is a registered pupil at a qualifying school which is

within walking distance of his home,

(c)   

no suitable arrangements have been made by the local

education authority for enabling him to become a

5

registered pupil at a qualifying school nearer to his home,

and

(d)   

having regard to whichever of the following are relevant—

his special educational needs;

his disability;

10

his mobility problems,

   

he cannot reasonably be expected to walk to the school

mentioned in paragraph (b).

3          

A child falls within this paragraph if—

(a)   

he is of compulsory school age and is any of the

15

following—

a child with special educational needs;

a disabled child;

a child with mobility problems,

(b)   

he is receiving education at a place other than a school by

20

virtue of arrangements made in pursuance of section 19(1),

and

(c)   

having regard to whichever of the following are relevant—

his special educational needs;

his disability;

25

his mobility problems,

   

he cannot reasonably be expected to walk to that place.

Children who cannot reasonably be expected to walk because of nature of routes

4          

A child falls within this paragraph if—

(a)   

he is of compulsory school age and is a registered pupil at

30

a qualifying school which is within walking distance of his

home,

(b)   

no suitable arrangements have been made by the local

education authority for enabling him to become a

registered pupil at a qualifying school nearer to his home,

35

and

(c)   

having regard to the nature of the routes which he could

reasonably be expected to take, he cannot reasonably be

expected to walk to the school mentioned in paragraph (a).

5          

A child falls within this paragraph if—

40

(a)   

he is of compulsory school age and is receiving education

at a place other than a school by virtue of arrangements

made in pursuance of section 19(1), and

(b)   

having regard to the nature of the routes which he could

reasonably be expected to take, he cannot reasonably be

45

expected to walk to that place.

 

 

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”

202

 

Children outside walking distance where no suitable alternative arrangements made

6          

A child falls within this paragraph if—

(a)   

he is of compulsory school age and is a registered pupil at

a qualifying school which is not within walking distance of

his home,

5

(b)   

no suitable arrangements have been made by the local

education authority for boarding accommodation for him

at or near the school, and

(c)   

no suitable arrangements have been made by the local

education authority for enabling him to become a

10

registered pupil at a qualifying school nearer to his home.

7          

A child falls within this paragraph if—

(a)   

he is of compulsory school age and is receiving education

at a place other than a school by virtue of arrangements

made in pursuance of section 19(1),

15

(b)   

that place is not within walking distance of his home,

(c)   

no suitable arrangements have been made by the local

education authority for boarding accommodation for him

at or near that place, and

(d)   

no suitable arrangements have been made by the local

20

education authority for enabling him to become a

registered pupil at a qualifying school nearer to his home.

8     (1)  

Where—

(a)   

a child of compulsory school age has been excluded from

a relevant school,

25

(b)   

he remains for the time being a registered pupil at the

school, and

(c)   

he is required by the appropriate authority for the school

to attend at a place outside the school premises for the

purpose of receiving any instruction or training,

30

           

paragraph 6 has effect as if the place at which the child is required

to attend were a qualifying school and the child were a registered

pupil at that school (and not at the school mentioned in paragraph

(b)).

      (2)  

For the purposes of sub-paragraph (1)—

35

(a)   

“relevant school” and “appropriate authority” have the

same meaning as in section 444ZA (application of section

444 to alternative educational provision), and

(b)   

subsection (3) of that section applies in relation to that sub-

paragraph as it applies in relation to subsection (2) of that

40

section.

Children entitled to free school meals etc

9          

A child falls within this paragraph if—

(a)   

he has attained the age of 8 but not the age of 11,

(b)   

he is a registered pupil at a qualifying school which is more

45

than two miles from his home,

 

 

Education and Inspections Bill
Schedule 8 — Travel to schools etc: meaning of “eligible child”

203

 

(c)   

no suitable arrangements have been made by the local

education authority for enabling him to become a

registered pupil at a qualifying school nearer to his home,

and

(d)   

the appropriate condition is met in relation to him.

5

10         

A child falls within this paragraph if—

(a)   

he has attained the age of 8 but not the age of 11,

(b)   

he is receiving education at a place other than a school by

virtue of arrangements made in pursuance of section 19(1),

(c)   

that place is more than two miles from his home, and

10

(d)   

the appropriate condition is met in relation to him.

11         

A child falls within this paragraph if—

(a)   

he has attained the age of 11,

(b)   

he is a registered pupil at a qualifying school which is more

than two miles, but not more than six miles, from his home,

15

(c)   

there are not three or more suitable qualifying schools

which are nearer to his home, and

(d)   

the appropriate condition is met in relation to him.

12         

A child falls within this paragraph if—

(a)   

he has attained the age of 11,

20

(b)   

he is receiving education at a place other than a school by

virtue of arrangements made in pursuance of section 19(1),

(c)   

that place is more than two miles, but not more than six

miles, from his home, and

(d)   

the appropriate condition is met in relation to him.

25

13    (1)  

For the purposes of paragraphs 9 to 12, the appropriate condition

is met in relation to a child if condition A or condition B is met.

      (2)  

Condition A is met if the child is within section 512ZB(4)

(provision of free school lunches and milk).

      (3)  

Condition B is met if—

30

(a)   

a parent of the child, with whom the child is ordinarily

resident, is a person to whom working tax credit is

awarded, and

(b)   

the award is at the rate which is the maximum rate for the

parent’s case or, in the case of an award to him jointly with

35

another, at the rate which is the maximum rate for their

case.

Meaning of “qualifying school” etc

14    (1)  

The definitions in sub-paragraphs (2) to (5) apply for the purposes

of this Schedule.

40

      (2)  

“Qualifying school” in relation to a child means—

(a)   

a community, foundation or voluntary school,

(b)   

a community or foundation special school,

(c)   

a school approved under section 342 (non-maintained

special schools),

45

 

 

Education and Inspections Bill
Schedule 9 — School travel schemes

204

 

(d)   

a pupil referral unit,

(e)   

a maintained nursery school, or

(f)   

a city technology college, a city college for the technology

of the arts or an Academy.

      (3)  

In relation to a child with special educational needs, an

5

independent school, other than a college or Academy falling

within sub-paragraph (2)(f), is also a “qualifying school” if—

(a)   

it is the only school named in the statement maintained for

the child under section 324, or

(b)   

it is one of two or more schools named in that statement

10

and of those schools it is the nearer or nearest to the child’s

home.

      (4)  

“Disabled child” means a child who has a disability for the

purposes of the Disability Discrimination Act 1995, and

“disability” is to be construed accordingly.

15

      (5)  

“Walking distance” has the meaning given by section 444(5).

      (6)  

In the case of a child who is a registered pupil at both a pupil

referral unit and at a school other than a unit, references in this

Schedule to the school at which he is a registered pupil are to be

read as references to the unit.”

20

Schedule 9

Section 71

 

School travel schemes

           

After Schedule 35B to EA 1996 (inserted by section 70 above) insert—

“Schedule 35C

Section 508E

 

School Travel Schemes

25

Power to make scheme

1     (1)  

A local education authority in England may make a school travel

scheme for their area.

      (2)  

Before making a school travel scheme, a local education authority

must consult such persons as the authority consider appropriate.

30

Arrangements to be included in scheme

2     (1)  

A school travel scheme must set out (in general terms) what

arrangements in connection with the attendance of children in the

authority’s area receiving education—

(a)   

at schools,

35

(b)   

at any institution within the further education sector, or

(c)   

at any other place by virtue of arrangements made in

pursuance of section 19(1),

           

the scheme authority consider it appropriate to be made in

relation to travel to and from such places.

40

 

 

Education and Inspections Bill
Schedule 9 — School travel schemes

205

 

      (2)  

Those arrangements are to be either or both of the following—

(a)   

arrangements to be made by the authority;

(b)   

arrangements to be made by any other persons.

      (3)  

A school travel scheme may include travel arrangements of any

description and may, in particular, include—

5

(a)   

arrangements for the provision of transport;

(b)   

any of the following arrangements only if made with the

relevant parental consent—

(i)   

arrangements for the provision of one or more

persons to escort a child (whether alone or together

10

with other children) when travelling to or from any

of the places mentioned in any of paragraphs (a) to

(c) of sub-paragraph (1);

(ii)   

arrangements for the payment of the whole or any

part of a person’s reasonable travelling expenses;

15

(iii)   

arrangements for the payment of allowances in

respect of the use of particular modes of travel;

(c)   

arrangements to facilitate or promote the use of particular

modes of travel.

      (4)  

The reference in sub-paragraph (3) to the relevant parental consent

20

is to the consent of a parent of each child in relation to whom the

arrangements in question are made.

      (5)  

A school travel scheme must require that if any arrangements set

out in the scheme involve arrangements to be made by any person

other than the scheme authority and those arrangements—

25

(a)   

are not made by that person or by any other persons, or

(b)   

are so made but are not given effect to in compliance with

the requirements of the scheme,

           

the scheme authority must make suitable alternative

arrangements.

30

Travel arrangements for “eligible children”

3     (1)  

A school travel scheme must require that, in the case of an eligible

child in the scheme authority’s area to whom sub-paragraph (2)

applies, the authority must make such travel arrangements as they

consider necessary in order to secure that suitable home to school

35

travel arrangements, for the purpose of facilitating the child’s

attendance at the relevant educational establishment in relation to

him, are made in relation to the child.

      (2)  

This sub-paragraph applies to an eligible child if—

(a)   

no travel arrangements relating to travel in either direction

40

between his home and the relevant educational

establishment in relation to him, or in both directions, are

provided in relation to him by any person who is not the

scheme authority, or

(b)   

such travel arrangements are provided in relation to him

45

by any person who is not the scheme authority but those

arrangements, taken together with any other such travel

arrangements which are so provided, do not provide

 

 

 
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