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House of Lords

Session 2005 - 06 Internet Publications Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Education and Skills,
are published separately as HL Bill 116—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
The Lord Adonis has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Education and Inspections Bill are compatible with
the Convention rights.
HL Bill 116                                                                                              54/1
Education and Inspections Bill
Contents
Part 1
Education functions of local authorities
1    Duties in relation to high standards and the fulfilment of potential
2    Duties in relation to diversity and choice
3    Duty to consider parental representations
4    Duty to identify children not receiving education
5    School improvement partners
6    Functions in respect of recreation etc
Part 2
Establishment, discontinuance or alteration of schools
Establishment of new schools
7    Invitation for proposals for establishment of new schools
8    Proposals under section 7 relating to community or community special
schools
9    Consultation and publicity in relation to notice and proposals under section 7
10    Publication of proposals with consent of Secretary of State
11    Publication of proposals to establish maintained schools: special cases
12    Establishment of school as federated school
13    Schools established outside area of relevant LEA
14    LEA in England not to establish school in Wales
Discontinuance of schools
15    Proposals for discontinuance of schools maintained by local education
authority
16    Consultation in relation to proposals under section 15
17    Direction requiring discontinuance of community or foundation special
school
Alterations to schools
18    Alterations that may be made under section 19
HL Bill 116                                                                                              54/1
Education and Inspections Bill ii
19    Publication of proposals for alteration of school
20    Proposals under section 19: procedure
21    Right of governing body to determine own foundation proposals
22    Rights of interested bodies in relation to proposals under section 20
23    Proposals under section 19: implementation
Removal of foundation or reduction in foundation governors
24    Proposals for removal of foundation or reduction in foundation governors
25    Proposals under section 24: procedure
26    Proposals under section 24: implementation
General
27    Restriction on establishment, alteration or discontinuance of schools
28    Abolition of school organisation committees
29    Amendments relating to school organisation
30    Transitional provisions
31    Interpretation of Part 2
Part 3
Further provisions about maintained schools
Foundation, voluntary and foundation special schools
32    Requirements as to foundations
33    Parent councils for certain foundation or foundation special schools
34    Funding of voluntary aided schools: meaning of “capital expenditure”
35    Disposals and changes of use of land
General duties of governing body
36    General duties of governing body of maintained school
School admissions
37    General restriction on selection by ability
38    Code for school admissions
39    Role of admission forums
40    Support for parental preferences
41    Prohibition on interviews
42    Restrictions on alteration of admission arrangements
43    Objections to admission arrangements
44    Looked after children to whom section 87(2) of SSFA 1998 applies
45    Procedure for giving directions under section 96 of SSFA 1998
46    Direction to admit looked after child to specified school
47    Directions to admit child to specified school: supplementary provisions
48    Power of Assembly to make regulations about looked after children
49    Pupil banding
Miscellaneous
50    School funding
Education and Inspections Bill iii
51    Removal of requirement to issue code of practice as to relationships between
LEAs and maintained schools in England etc
Part 4
Schools causing concern: England
Introduction
52    Meaning of “maintained school” and “eligible for intervention”
Schools that are eligible for intervention
53    Warning notice by local education authority
54    School requiring significant improvement
55    School requiring special measures
Intervention by local education authority
56    Power of LEA to require governing body to enter into arrangements
57    Power of LEA etc. to appoint additional governors
58    Power of LEA to provide for governing body to consist of interim executive
members
59    Power of LEA to suspend right to delegated budget
Intervention by Secretary of State
60    Power of Secretary of State to appoint additional governors
61    Power of Secretary of State to direct closure of school
62    Power of Secretary of State to provide for governing body to consist of interim
executive members
Governing bodies consisting of interim executive members: further provisions
63    Governing bodies consisting of interim executive members
Amendments relating to schools causing concern
64    Amendments relating to schools causing concern
Supplementary
65    Duty of LEA to have regard to guidance
66    Interpretation of Part 4
Part 5
Curriculum and entitlements
67    Curriculum requirements for the fourth key stage
68    Education and training to satisfy entitlements
Education and Inspections Bill iv
Part 6
School travel and school food
Travel to schools etc
69    LEAs in England: duty to promote sustainable modes of travel etc
70    LEAs in England: provision of travel arrangements etc for children
71    LEAs in England: school travel schemes
72    Piloting of school travel scheme provisions
73    Power to repeal school travel scheme provisions etc
74    LEAs in England: provision of transport etc for certain adult learners
75    Amendments of section 444 of EA 1996 in relation to school travel
76    Learning and Skills Council for England: transport etc for persons of sixth
form age
77    LEAs in England: duty to have regard to religion or belief in exercise of travel
functions
78    Further amendments relating to travel to schools etc
Food and drink provided on school premises etc
79    Provision of food and drink on school premises etc
80    Power to charge for provision of meals etc
Part 7
Discipline, behaviour and exclusion
Chapter 1
School Discipline
Certain schools required to have behaviour policy
81    Responsibility of governing body for discipline
82    Determination by head teacher of behaviour policy
Enforcement of discipline (including compliance with instructions)
83    Meaning of “disciplinary penalty”
84    Enforcement of disciplinary penalties: general
85    Enforcement of disciplinary penalties: detention outside normal school hours
86    Power of members of staff to use force
87    Defence where confiscation lawful
Interpretation of Chapter 1
88    Interpretation of Chapter 1
Repeals
89    Repeals consequential on provisions of Chapter 1
Education and Inspections Bill v
Chapter 2
Parental responsibilities and excluded pupils
Parenting contracts and parenting orders
90    Parenting contracts
91    Parenting orders in case of exclusion or misbehaviour
92    Parenting contracts and parenting orders: further provisions
Excluded pupils
93    Duty of governing body or proprietor where pupil excluded for fixed period
94    Duty of local education authority in relation to excluded pupils
95    Reintegration interviews
96    Duty of parent in relation to excluded pupil
97    Notice to parent relating to excluded pupil
98    Penalty notice in respect of presence of excluded pupil in public place
99    Penalty notices: supplemental
100    Removal of excluded pupils to designated premises
School attendance
101    Failure to secure school attendance
102    Sums received under section 444A of Education Act 1996
Interpretation of Chapter 2
103    Meaning of “maintained school” and “relevant school” in Chapter 2
Part 8
Inspections
Chapter 1
The Office and the Chief Inspector
The Office
104    The Office for Standards in Education, Children’s Services and Skills
The Chief Inspector and other inspectors
105    Her Majesty’s Chief Inspector of Education, Children’s Services and Skills
106    Her Majesty’s Inspectors of Education, Children’s Services and Skills
107    Further provision about Chief Inspector and other inspectors etc.
Functions: the Office
108    Functions of the Office
109    Performance of Office’s functions

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