|
| |
|
33 | Parent councils for certain foundation or foundation special schools |
| |
After section 23 of EA 2002 insert— |
| |
| |
(1) | A school is for the purposes of this section a “qualifying school” if— |
| |
(a) | it is a foundation or foundation special school in England, |
| 5 |
(b) | it has a foundation established otherwise than under the School |
| |
Standards and Framework Act 1998, and |
| |
(c) | the instrument of government for the school provides that the |
| |
majority of governors are to be foundation governors. |
| |
(2) | The governing body of any qualifying school must establish in |
| 10 |
accordance with regulations a body (to be known as a parent council) |
| |
whose members are parents of registered pupils at the school. |
| |
(3) | The purpose of a parent council is to advise the governing body on |
| |
matters relating to the conduct of the school and the exercise by the |
| |
governing body of their powers under section 27. |
| 15 |
(4) | Regulations may make provision as to— |
| |
(a) | the person or persons by whom, and the manner in which, |
| |
members are to be elected or appointed, |
| |
(b) | eligibility for election or appointment, |
| |
(c) | the duration of membership, and |
| 20 |
(d) | meetings and proceedings of a parent council. |
| |
(5) | Regulations may confer functions relating to parent councils on the |
| |
governing bodies of qualifying schools. |
| |
(6) | The governing body of a qualifying school must, in exercising their |
| |
functions under this section with respect to the school’s parent council, |
| 25 |
have regard to any guidance given from time to time by the Secretary |
| |
| |
(7) | The reference in subsection (1)(b) to a foundation is to be read in |
| |
accordance with section 21 of the School Standards and Framework Act |
| |
| 30 |
34 | Funding of voluntary aided schools: meaning of “capital expenditure” |
| |
(1) | Part 2 of Schedule 3 to SSFA 1998 (funding of voluntary aided schools) is |
| |
| |
(2) | In paragraph 3, as it applies in relation to England, omit sub-paragraph (3) (the |
| |
definition of “capital expenditure” for the purposes of the Schedule). |
| 35 |
(3) | After paragraph 9 insert— |
| |
“Meaning of “capital expenditure” |
| |
9A (1) | This paragraph applies for the purposes of this Schedule as it applies |
| |
| |
(2) | Subject to sub-paragraphs (3) and (4), references in this Schedule to |
| 40 |
capital expenditure, in relation to an appropriate body or the |
| |
|
| |
|
| |
|
promoters, in the case of a voluntary aided school, are references |
| |
| |
(a) | expenditure of the body or, as the case may be, the promoters |
| |
which falls to be capitalised in accordance with proper |
| |
| 5 |
(b) | expenditure which would fall to be so capitalised were it to |
| |
be incurred by the body or, as the case may be, the promoters. |
| |
(3) | The Secretary of State may by regulations prescribe classes or |
| |
descriptions of expenditure which are to be treated for the purposes |
| |
of this Schedule as being, or as not being, capital expenditure in |
| 10 |
| |
(a) | any appropriate body, or any prescribed class or description |
| |
| |
(b) | any promoters, or any prescribed class or description of |
| |
| 15 |
(4) | The Secretary of State may by direction provide that, in the case of a |
| |
particular voluntary aided school— |
| |
(a) | expenditure of a particular appropriate body which is |
| |
expenditure of a particular class or description; |
| |
(b) | expenditure of particular promoters which is expenditure of |
| 20 |
a particular class or description, |
| |
| is to be treated for the purposes of this Schedule as being, or as not |
| |
being, capital expenditure in relation to that body, or as the case may |
| |
| |
(5) | Directions under sub-paragraph (4) may be expressed to have effect |
| 25 |
in specified circumstances or subject to specified conditions. |
| |
(6) | In this paragraph an “appropriate body”, in the case of a voluntary |
| |
| |
(a) | the governing body of the school, or |
| |
(b) | a relevant body in relation to the school (within the meaning |
| 30 |
| |
9B (1) | For the purposes of paragraph 9A, “proper accounting practices”, in |
| |
relation to an appropriate body or the promoters, in the case of a |
| |
voluntary aided school, means those accounting practices— |
| |
(a) | which, whether by virtue of any enactment or by reference to |
| 35 |
any generally recognised published code or otherwise, are |
| |
regarded as proper accounting practices to be followed in the |
| |
keeping of accounts by the appropriate body, or as the case |
| |
may be, the promoters, or |
| |
(b) | which, whether by virtue of any enactment or by reference to |
| 40 |
any generally recognised published code or otherwise, are |
| |
regarded as proper accounting practices to be followed in the |
| |
keeping of accounts by the local education authority. |
| |
(2) | In the event of conflict between the accounting practices falling |
| |
within paragraph (a) of sub-paragraph (1) and those falling within |
| 45 |
paragraph (b) of that sub-paragraph, only those falling within |
| |
paragraph (a) are to be regarded as proper accounting practices. |
| |
(3) | In this paragraph an “appropriate body”, in the case of a voluntary |
| |
aided school, has the same meaning as in paragraph 9A.” |
| |
|
| |
|
| |
|
35 | Disposals and changes of use of land |
| |
Schedule 4 contains amendments of— |
| |
(a) | Schedule 22 to SSFA 1998 (disposals of land by foundation, voluntary |
| |
or foundation special schools and disposals on discontinuance), and |
| |
(b) | section 77 of that Act (control of disposals or changes of use of school |
| 5 |
playing fields in relation to England), |
| |
and amendments which are consequential to those amendments. |
| |
General duties of governing body |
| |
36 | General duties of governing body of maintained school |
| |
(1) | In section 21 of EA 2002 (general responsibility for conduct of school) after |
| 10 |
| |
“(5) | The governing body of a maintained school shall, in discharging their |
| |
functions relating to the conduct of the school, have regard to any |
| |
relevant children and young people’s plan. |
| |
(6) | In discharging those functions, the governing body of a maintained |
| 15 |
school in England shall also have regard to any views expressed by |
| |
parents of registered pupils. |
| |
(7) | In this section “relevant children and young people’s plan” means— |
| |
(a) | in relation to a school in England— |
| |
(i) | any plan published by the local education authority |
| 20 |
under section 17 of the Children Act 2004 (children and |
| |
young people’s plans: England), or |
| |
(ii) | in a case where the local education authority are not |
| |
required by regulations under that section to prepare |
| |
and publish a plan, any plan which is published by the |
| 25 |
authority and sets out their strategy for discharging |
| |
their functions in relation to children and relevant |
| |
young persons within the meaning of that section, and |
| |
(b) | in relation to a school in Wales— |
| |
(i) | any plan published by the local education authority |
| 30 |
under section 26 of the Children Act 2004 (children and |
| |
young people’s plans: Wales), or |
| |
(ii) | in a case where the local education authority are not |
| |
required by regulations under that section to prepare |
| |
and publish a plan, any plan which is published by the |
| 35 |
authority and sets out their strategy for discharging |
| |
their functions in relation to children and relevant |
| |
young persons within the meaning of that section.” |
| |
(2) | In section 28 of that Act (limit on power to provide community facilities etc.), |
| |
after subsection (4) insert— |
| 40 |
“(4A) | In exercising the power under section 27(1), the governing body of a |
| |
maintained school shall have regard to any relevant children and |
| |
| |
(4B) | In subsection (4A) “relevant children and young people’s plan” has the |
| |
meaning given by section 21(7). |
| 45 |
|
| |
|
| |
|
(4C) | In exercising the power under section 27(1), the governing body of a |
| |
maintained school in England shall also have regard to any views |
| |
expressed by parents of registered pupils in circumstances where |
| |
subsection (4)(a)(iii) does not apply.” |
| |
| 5 |
37 | General restriction on selection by ability |
| |
(1) | No admission arrangements for a community, foundation or voluntary school |
| |
may make provision for selection by ability unless— |
| |
(a) | they make provision for one of the permitted forms of such selection |
| |
mentioned in section 99(2) of SSFA 1998, or |
| 10 |
(b) | the school is a grammar school. |
| |
(2) | For the purposes of subsection (1) a school’s admission arrangements make |
| |
provision for selection by ability if they make provision for all or any of the |
| |
pupils who are to be admitted to the school in any relevant age group to be so |
| |
admitted by reference to ability. |
| 15 |
| |
“ability” means either general ability or ability in any particular subject or |
| |
| |
“admission arrangements” has the meaning given by section 88(2) of |
| |
| 20 |
“grammar school” has the meaning given by section 104(7) of SSFA 1998; |
| |
“relevant age group” has the meaning given by section 142(1) of SSFA |
| |
| |
(4) | In section 99 of SSFA 1998— |
| |
(a) | omit subsection (1) (which is re-enacted as subsection (1) of this |
| 25 |
| |
(b) | in subsection (2) after “are” insert “for the purposes of section 37(1) of |
| |
the Education and Inspections Act 2006”. |
| |
38 | Code for school admissions |
| |
(1) | Section 84 of SSFA 1998 (code of practice) is amended in accordance with |
| 30 |
| |
| |
(a) | for “a code of practice containing such practical guidance” substitute “a |
| |
code for school admissions containing such provision”, and |
| |
(b) | after paragraph (b) insert— |
| 35 |
“(ba) | admission forums,”. |
| |
(3) | In subsection (2), for the words from “include” to “other matters” substitute |
| |
“impose requirements, and may include guidelines setting out aims, objectives |
| |
| |
(4) | In subsection (3), for “to have regard to” substitute “to act in accordance with”. |
| 40 |
(5) | In subsection (5), omit “of practice” (in each place where it occurs). |
| |
(6) | In subsection (6), after the definitions of “admission arrangements” and “the |
| |
|
| |
|
| |
|
admission authority” insert— |
| |
““admission forum” means a forum established under section |
| |
85A, including a joint admission forum established in |
| |
pursuance of regulations under subsection (3)(c) of that |
| |
| 5 |
(7) | In the heading, and in the italic cross-heading immediately before section 84, |
| |
for “of practice” substitute “for school admissions”. |
| |
(8) | In section 85 of SSFA 1998 (making and approval of code of practice)— |
| |
(a) | in subsection (1) omit “of practice”, and |
| |
(b) | for the heading substitute “Making and approval of code for school |
| 10 |
| |
(9) | In relation to a code for school admissions issued under section 84(1) of SSFA |
| |
1998 after the passing of this Act, the requirement to consult which is imposed |
| |
by section 85(2) of SSFA 1998 may be satisfied by consultation undertaken |
| |
before the passing of this Act, even though the code takes account (to any |
| 15 |
extent) of any provision made by this Act. |
| |
39 | Role of admission forums |
| |
(1) | Chapter 1 of Part 3 of SSFA 1998 (admission arrangements) is amended as |
| |
| |
(2) | In section 85A (admission forums), in subsection (1)— |
| 20 |
(a) | omit the “and” at the end of paragraph (a), and |
| |
(b) | at the end of paragraph (b) insert “, and |
| |
(c) | in the case of an admission forum for the area of a local |
| |
education authority in England, exercising any other |
| |
functions that may be imposed on the forum by or under |
| 25 |
| |
(3) | After subsection (1) of that section insert— |
| |
“(1A) | An admission forum for the area of a local education authority in |
| |
England may prepare and publish reports on such matters connected |
| |
with the admission of pupils to maintained schools in that area as may |
| 30 |
| |
(1B) | For the purposes of the preparation of a report under subsection (1A), |
| |
an admission forum may request any of the following bodies to provide |
| |
the forum with any information held by them which falls within a |
| |
prescribed description and is specified by the forum in its request— |
| 35 |
(a) | the local education authority which established the forum; |
| |
(b) | any local education authority in England for an area which |
| |
adjoins the area of the authority mentioned in paragraph (a); |
| |
(c) | the governing body of any maintained school in the area for |
| |
which the forum is established. |
| 40 |
(1C) | A body mentioned in any of paragraphs (a) to (c) of subsection (1B) |
| |
must comply with a request made by an admission forum in pursuance |
| |
| |
(4) | In subsection (3) of that section— |
| |
(a) | omit the “and” at the end of paragraph (b), and |
| 45 |
|
| |
|
| |
|
(b) | after that paragraph insert— |
| |
“(ba) | as to the preparation and publication of reports under |
| |
| |
(5) | After subsection (3) of that section insert— |
| |
“(3A) | Regulations under subsection (3)(c) may, in relation to England, modify |
| 5 |
any provision of this Chapter in its application to a joint admission |
| |
| |
(6) | After subsection (5) of that section insert— |
| |
“(5A) | Regulations may make provision with respect to the expenses of an |
| |
admission forum for the area of a local education authority in England. |
| 10 |
(5B) | Except as provided by regulations under subsection (5A), the expenses |
| |
of an admission forum for the area of a local education authority in |
| |
England are to be defrayed by the local education authority by whom |
| |
the forum was established.” |
| |
(7) | In section 89 (procedure for determining admission arrangements) for |
| 15 |
subsection (10) substitute— |
| |
“(10) | In this section, “the appropriate bodies”, in relation to an admission |
| |
| |
(a) | the bodies whom they were required to consult under |
| |
subsection (2), or would but for subsection (2A) have been |
| 20 |
| |
(b) | in the case of an admission authority for a maintained school in |
| |
England, the admission forum for the area of the local education |
| |
authority in which the school is situated.” |
| |
(8) | In section 90 (reference of objections to adjudicator or Secretary of State)— |
| 25 |
(a) | in subsection (1) for paragraph (b) substitute— |
| |
“(b) | an appropriate body wishes to make an objection about |
| |
those arrangements, and”, and |
| |
(b) | after subsection (10) insert— |
| |
“(11) | In this section, “appropriate body” means, in relation to the |
| 30 |
admission arrangements determined by an admission |
| |
| |
(a) | any body whom the admission authority were required |
| |
to consult under subsection (2) of section 89, or would |
| |
but for subsection (2A) of that section have been |
| 35 |
| |
(b) | in the case of admission arrangements determined by an |
| |
admission authority for a maintained school in England, |
| |
the admission forum for the area of the local education |
| |
authority in which the school is situated.” |
| 40 |
40 | Support for parental preferences |
| |
In section 86 of SSFA 1998 (parental preferences) after subsection (1) insert— |
| |
“(1A) | A local education authority in England shall provide advice and |
| |
assistance to parents of children in the area of the authority in |
| |
|
| |
|
| |
|
connection with the preferences expressed or to be expressed by them |
| |
in accordance with the arrangements made under subsection (1).” |
| |
41 | Prohibition on interviews |
| |
After section 88 of SSFA 1998 insert— |
| |
“88A | Prohibition on interviews |
| 5 |
(1) | No admission arrangements for a maintained school may require or |
| |
authorise any interview with an applicant for admission to the school |
| |
or his parents, where the interview is to be taken into account (to any |
| |
extent) in determining whether the applicant is to be admitted to the |
| |
| 10 |
(2) | If the maintained school is one at which boarding accommodation is |
| |
provided for pupils, subsection (1) does not apply in relation to any |
| |
interview intended to assess the suitability of an applicant for a |
| |
| |
(3) | Where the admission arrangements for a maintained school make |
| 15 |
provision for a permitted form of selection by aptitude, subsection (1) |
| |
does not prevent the arrangements from requiring or authorising any |
| |
audition or other oral or practical test to be carried out in relation to an |
| |
applicant solely for the purpose of ascertaining the applicant’s aptitude |
| |
in accordance with the arrangements. |
| 20 |
(4) | In this section, “permitted form of selection by aptitude” is to be read in |
| |
accordance with section 99(4).” |
| |
42 | Restrictions on alteration of admission arrangements |
| |
(1) | In section 89 of SSFA 1998 (procedure for determining admission |
| |
arrangements) after subsection (1) insert— |
| 25 |
“(1ZA) | This section has effect subject to sections 89D and 90A (restrictions on |
| |
alteration of admission arrangements in England).” |
| |
(2) | After section 89C of SSFA 1998 insert— |
| |
“89D | Power to restrict alteration of admission arrangements following |
| |
establishment or expansion |
| 30 |
(1) | Subsection (2) applies in relation to a maintained school in England |
| |
| |
(a) | proposals for the establishment of, or the making of a |
| |
prescribed alteration to, the school have been published under |
| |
Part 2 of the Education and Inspections Act 2006 or under |
| 35 |
section 113A of, or Schedule 7 to, the Learning and Skills Act |
| |
| |
(b) | in the case of proposals for the making of a prescribed alteration |
| |
to the school, the proposals are for an increase in the number of |
| |
pupils that may be admitted to the school or for an enlargement |
| 40 |
| |
(c) | the proposals fall to be implemented (with or without |
| |
| |
(d) | prescribed conditions are satisfied. |
| |
|
| |
|