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Amendments relating to schools causing concern |
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64 | Amendments relating to schools causing concern |
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Schedule 7 contains amendments related to the provisions of this Part. |
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65 | Duty of LEA to have regard to guidance |
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A local education authority must, in exercising their functions under this Part, |
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have regard to any guidance given from time to time by the Secretary of State. |
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66 | Interpretation of Part 4 |
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“appropriate diocesan authority” has the same meaning as in SSFA 1998; |
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“Chief Inspector” means Her Majesty’s Chief Inspector of Education, |
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Children’s Services and Skills; |
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“Church of England school” and “Roman Catholic Church school” have |
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the same meaning as in SSFA 1998; |
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“eligible for intervention”, in relation to a maintained school, has the |
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meaning given by section 52(2); |
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“maintained school” has the meaning given by section 52(1). |
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Curriculum and entitlements |
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67 | Curriculum requirements for the fourth key stage |
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(1) | For section 85 of EA 2002 (curriculum requirements for fourth key stage) |
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“85 | Curriculum requirements for the fourth key stage |
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(1) | For the fourth key stage, the National Curriculum for England shall |
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(a) | the core and other foundation subjects, |
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(b) | work-related learning, and |
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(c) | in relation to any pupil, such other courses of study as are |
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necessary to satisfy the entitlements conferred on him by |
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subsection (5) and section 85A. |
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(2) | The National Curriculum for England shall specify programmes of |
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study in relation to each of the core and other foundation subjects for |
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(3) | The following are the core subjects for the fourth key stage— |
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(4) | The following are the other foundation subjects for the fourth key |
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(a) | information and communication technology, |
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(b) | physical education, and |
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(5) | A pupil in the fourth key stage is entitled, if he so elects, to follow a |
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course of study in science which leads to such qualification or set of |
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qualifications as the governing body may choose from among those— |
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(a) | approved under section 98 of the Learning and Skills Act 2000 |
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for the purposes of section 96 of that Act, and |
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(b) | specified by the Secretary of State by order for the purposes of |
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(6) | In the exercise of their functions under this Part so far as those functions |
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relate by virtue of this section to work-related learning a local |
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education authority, governing body or head teacher shall have regard |
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to any guidance issued from time to time by the Qualifications and |
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(7) | In this section “work-related learning” means planned activity |
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designed to use the context of work to develop knowledge, skills and |
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understanding useful in work, including learning through the |
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experience of work, learning about work and working practices and |
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learning the skills for work. |
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85A | Entitlement areas for the fourth key stage |
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(1) | A pupil in the fourth key stage is also entitled to do either of the |
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following (as he may elect)— |
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(a) | to follow a course of study in a subject within each of such one |
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or more of the four entitlement areas specified in subsection (2) |
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(b) | to follow a course of study within an entitlement area specified |
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by the Secretary of State by order for the purposes of this |
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(2) | The entitlement areas referred to in subsection (1)(a) are— |
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(b) | design and technology (comprising only that subject), |
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(c) | humanities, comprising— |
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(d) | modern foreign languages, comprising any modern foreign |
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language specified in an order made by the Secretary of State or, |
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if the order so specifies, any modern foreign language. |
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(3) | An order under subsection (2)(d) may— |
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(a) | specify circumstances in which a language is not to be treated as |
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falling within subsection (2)(d), and |
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(b) | provide for the determination under the order of any question |
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arising as to whether a particular language is a modern foreign |
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(4) | The entitlement conferred on a pupil by this section is to be taken to be |
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(a) | where he elects as mentioned in paragraph (a) of subsection (1), |
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if a course of study in a subject within each of the entitlement |
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areas specified in subsection (2) is made available to him by or |
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on behalf of the school at which he is a registered pupil, or |
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(b) | where he elects as mentioned in paragraph (b) of subsection (1), |
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if a course of study within one of the entitlement areas specified |
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by order under that paragraph is made available to him by or on |
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behalf of the school at which he is a registered pupil. |
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(5) | In the exercise of their functions by virtue of this Part in relation to |
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courses of study falling within subsection (1)(a) or (b), a local education |
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authority, governing body or head teacher shall have regard to any |
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guidance issued from time to time by the Secretary of State or the |
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Qualifications and Curriculum Authority. |
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(6) | In this section “course of study” means— |
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(a) | in relation to a subject within an entitlement area specified in |
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subsection (2), a course of education or training which leads to |
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such qualification as the governing body may choose from |
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among those approved under section 98 of the Learning and |
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Skills Act 2000 for the purposes of section 96 of that Act; |
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(b) | in relation to an entitlement area specified by order under |
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subsection (1)(b), a course of education or training which leads |
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to such qualification as the governing body may choose from |
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among those specified by the Secretary of State by order for the |
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purposes of this paragraph.” |
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(2) | In section 86 of EA 2002 (power to alter or remove requirements for fourth key |
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(a) | in paragraph (a), for “section 85,” substitute “sections 85 and 85A,”, |
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(b) | in paragraph (b), for “that section is” substitute “those sections are”, |
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(c) | renumber the section as so amended as subsection (1) of the section and |
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“(2) | An order under this section may make such amendments of this |
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Act as appear to the Secretary of State to be necessary or |
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expedient in connection with the provision made by virtue of |
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(3) | Renumber section 88 of EA 2002 (implementation of the National Curriculum |
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for England in schools) as subsection (1) of that section and at the end insert— |
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“(2) | In relation to any maintained school and any school year, the local |
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education authority, the governing body and the head teacher shall, in |
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addition to their duties by virtue of subsection (1), exercise their |
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functions with a view to securing that courses of study within all of the |
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entitlement areas specified by the Secretary of State by order for the |
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purposes of section 85A(1)(b) (“the specified entitlement areas”) are |
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made available by or on behalf of the school, unless the local education |
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authority determine that the making available of a course of study |
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within a particular specified entitlement area would involve |
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disproportionate expenditure. |
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(3) | Nothing in subsection (2) entitles a pupil who elects as mentioned in |
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section 85A(1)(b) to follow a course of study within a particular |
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specified entitlement area or to follow more than one course of study |
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within different specified entitlement areas (provision as to the |
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entitlement of individual pupils being made by section 85A(4)(b)). |
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(4) | For the purposes of discharging their functions by virtue of this Part in |
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relation to courses of study within the specified entitlement areas, the |
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governing body of a maintained school shall, in particular, consider |
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whether it would be appropriate to make any collaboration |
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(5) | In subsection (4) “collaboration arrangements” means— |
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(a) | arrangements made, in pursuance of regulations under section |
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26(a), with the governing body of one or more other maintained |
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(b) | arrangements made, in pursuance of regulations under section |
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156(1)(a) of the Education and Inspections Act 2006, with one or |
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more further education bodies (within the meaning of that |
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(6) | For the purposes of discharging their functions by virtue of this Part in |
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relation to courses of study within the specified entitlement areas, a |
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local education authority may make arrangements with an institution |
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within the further education sector under which a course of study |
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within a specified entitlement area is made available to pupils of a |
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school at the institution within the further education sector. |
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(7) | The Learning and Skills Council for England must co-operate with a |
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local education authority who propose to make arrangements in |
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pursuance of subsection (6).” |
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(4) | Until the commencement of subsection (1), section 85 of EA 2002 has effect with |
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the following modifications— |
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(a) | in subsection (1) after “other foundation subjects” insert “, the |
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entitlement conferred by subsection (3A)”, and |
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(b) | after subsection (3) insert— |
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“(3A) | A pupil in the fourth key stage is entitled, if he so elects, to |
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follow a course of study in science which leads to such |
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qualification or set of qualifications as the governing body may |
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(a) | approved under section 98 of the Learning and Skills |
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Act 2000 for the purposes of section 96 of that Act, and |
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(b) | specified by the Secretary of State by order for the |
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purposes of this subsection.” |
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(5) | Any order made (by virtue of subsection (4) of this section) under section |
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85(3A) of EA 2002 before the commencement of subsection (1) of this section is |
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to have effect from that commencement as if made under subsection (5) of |
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section 85 (as substituted by subsection (1)). |
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