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Education and Inspections Bill


Education and Inspections Bill
Part 3 — Further provisions about maintained schools

24

 

33      

Parent councils for certain foundation or foundation special schools

After section 23 of EA 2002 insert—

“23A    

Parent councils

(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

of State.

(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

1998.”

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

amended as follows.

(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

in relation to England.

      (2)  

Subject to sub-paragraphs (3) and (4), references in this Schedule to

40

capital expenditure, in relation to an appropriate body or the

 
 

Education and Inspections Bill
Part 3 — Further provisions about maintained schools

25

 

promoters, in the case of a voluntary aided school, are references

to—

(a)   

expenditure of the body or, as the case may be, the promoters

which falls to be capitalised in accordance with proper

accounting practices, or

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

relation to—

(a)   

any appropriate body, or any prescribed class or description

of appropriate body;

(b)   

any promoters, or any prescribed class or description of

promoters.

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

be, those promoters.

      (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

aided school, means—

(a)   

the governing body of the school, or

(b)   

a relevant body in relation to the school (within the meaning

30

of paragraph 5).

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.”

 
 

Education and Inspections Bill
Part 3 — Further provisions about maintained schools

26

 

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

subsection (4) insert—

“(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

young people’s plan.

(4B)   

In subsection (4A) “relevant children and young people’s plan” has the

meaning given by section 21(7).

45

 
 

Education and Inspections Bill
Part 3 — Further provisions about maintained schools

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(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.”

School admissions

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

(3)   

In this section—

“ability” means either general ability or ability in any particular subject or

subjects;

“admission arrangements” has the meaning given by section 88(2) of

SSFA 1998;

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

1998.

(4)   

In section 99 of SSFA 1998—

(a)   

omit subsection (1) (which is re-enacted as subsection (1) of this

25

section), and

(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

subsections (2) to (7).

(2)   

In subsection (1)—

(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

and other matters,”.

(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

 
 

Education and Inspections Bill
Part 3 — Further provisions about maintained schools

28

 

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

section;”.

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

admissions”.

(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

follows.

(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

this Chapter.”

(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

be prescribed.

(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

of that subsection.”

(4)   

In subsection (3) of that section—

(a)   

omit the “and” at the end of paragraph (b), and

45

 
 

Education and Inspections Bill
Part 3 — Further provisions about maintained schools

29

 

(b)   

after that paragraph insert—

“(ba)   

as to the preparation and publication of reports under

subsection (1A), and”.

(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

forum.”

(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

authority, means—

(a)   

the bodies whom they were required to consult under

subsection (2), or would but for subsection (2A) have been

20

required to consult, and

(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

authority—

(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

required to consult, and

(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

 
 

Education and Inspections Bill
Part 3 — Further provisions about maintained schools

30

 

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

school.

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

boarding place.

(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

where—

(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

2000,

(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

of the premises,

(c)   

the proposals fall to be implemented (with or without

modifications), and

(d)   

prescribed conditions are satisfied.

 
 

 
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