Education and Inspections Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 26th June 2006, as follows
Clauses 1 to 6
Schedule 1
Clauses 7 to 17
Schedule 2
Clauses 18 to 29
Schedule 3
Clauses 30 to 35
Schedule 4
Clauses 36 to 50
Schedule 5
Clauses 51 to 63
Schedule 6
Clause 64
Schedule 7
Clauses 65 to 70
Schedule 8
Clause 71
Schedule 9
Clauses 72 to 78 | Schedule 10
Clauses 79 to 104
Schedule 11
Clauses 105 to 107
Schedule 12
Clauses 108 to 141
Schedule 13
Clauses 142 to 148
Schedule 14
Clause 149
Schedule 15
Clauses 150 to 152
Schedule 16
Clauses 153 to 160
Schedule 17
Clauses 161 to 169
Schedule 18
Clauses 170 to 176 |
[Amendments marked * are new or have been altered]
Amendment
No.
1 | Insert the following new Clause |
| "Primary duties in relation to high standards and the fulfilment of potential |
| For section 13A of EA 1996 substitute |
"13A | Primary duties in relation to high standards and the fulfilment of potential |
| A local education authority shall ensure that their functions relating to the provisions of education to which this section applies |
(a) | promote high standards, and |
(b) | promote the fulfilment by every person concerned of his educational potential."" |
| THE LORD JUDD
THE LORD PLANT OF HIGHFIELD
THE BARONESS STERN |
2* | Insert the following new Clause |
| "Right of child to school education |
| It shall be the right of every child of school age to be provided with school education by, or by virtue of arrangements made or entered into by, a local education authority." |
| THE LORD BEST
THE LORD DEARING
THE BARONESS WALMSLEY |
3 | Page 1, line 4, at beginning insert |
"(1) | A local authority which is both a local education authority and a children's services authority shall ensure that their functions as a children's services authority relating to improving the well-being of children in the authority's area are exercised with a view to ensuring that the authority support their duty under section 13A of EA 1996 (duty to promote high standards in primary and secondary education). |
(2) | A children's services authority shall ensure that their functions relating to the provision of children's services must be exercised by the authority with a view to |
(a) | promoting high educational standards; |
(b) | in the case of a local education authority in England, ensuring fair access to educational opportunity; |
(c) | promoting the fulfilment by every child concerned of his educational potential; and |
(d) | supporting the improvement in the well-being of children in the authority's area." |
4 | Page 1, line 4, leave out from "section" to end of line 14 and insert |
| "13A(2) of EA 1996 substitute" |
| THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
5 | Page 1, line 10, at end insert |
"( ) | promoting well-being and the best interests of the child" |
| THE LORD RIX
THE BARONESS DARCY DE KNAYTH |
6 | Page 1, line 12, at end insert "in particular ensuring fair access to Academies for children with a statement of special educational needs issued under section 324 of EA 1996, and" |
| THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
7 | Page 1, leave out lines 13 and 14 and insert |
"( ) | enabling each child concerned to have access to such teaching and learning support as may be appropriate to his needs and the fulfilment of his educational potential" |
8 | Page 1, line 13, leave out "child" and insert "person" |
| THE LORD RIX
THE BARONESS DARCY DE KNAYTH |
9 | Page 1, line 14, at end insert "and, in particular, ensuring the availability of a range of support services to ensure that every disabled child and every child with special educational needs achieves his educational potential" |
10 | Page 2, leave out lines 2 to 5 and insert |
"(a) | persons of compulsory school age (whether at school or otherwise); and |
(b) | persons of any age above or below that age who are registered as pupils at schools maintained by the authority," |
11 | Page 2, line 11, leave out "powers" and insert "functions" |
12 | Page 2, line 12, at end insert |
"( ) | encouraging all schools to become foundation, voluntary or foundation special schools, and to acquire a foundation" |
| THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
13 | Page 2, line 13, after "securing" insert "where appropriate" |
14 | Page 2, line 13, after "schools" insert "and colleges" |
15 | Page 2, line 14, leave out "for parental choice" and insert "for pupil choice in relation to curriculum and career options within schools and colleges" |
16 | Page 2, line 14, at end insert ", and |
( ) | ensuring that the education provided in schools in its area shall contribute to social inclusion and community cohesion in that area." |
17 | Page 2, line 14, at end insert |
"( ) | In exercising their functions under subsection (3A), a local education authority in England shall have regard to the need to provide sufficient special schools to enable parents to exercise choice in relation to a child for whom a statement is maintained under section 324."" |
| THE LORD DEARING
THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
18 | Page 2, line 14, at end insert |
"( ) | After subsection (6)(c) of that section insert |
"(d) | the actual and potential contribution of schools in areas of economic and social disadvantage to the well-being of the communities in those areas."" |
| THE LORD BISHOP OF PETERBOROUGH
THE LORD BISHOP OF SOUTHWELL AND NOTTINGHAM |
19 | Insert the following new Clause |
| "Children's services in England |
(1) | Section 10 of the Children Act 2004 (c. 31) is amended as follows. |
(2) | In subsection (1) (co-operation to improve well-being) after paragraph (b) insert |
"(bb) | each relevant schools provider for the area of the authority;". |
(3) | After subsection (5) insert |
"(5A) | For the purposes of this section, each of the following is a relevant schools provider for the area of a children's services authority in England |
(a) | the appropriate diocesan authority for any Church of England school and any Roman Catholic Church school in the area of the authority; and |
(b) | such other bodies as may be designated by the Secretary of State. |
(5B) | In subsection (5A) "appropriate diocesan authority", "Church of England school" and "Roman Catholic Church school" have the meanings assigned by section 142(1) of the School Standards and Framework Act 1998."" |
| THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
20 | Page 2, line 32, at end insert |
"( ) | Where the representations concern the education of the qualifying child, the local education authority shall whenever possible ensure that the views of the child himself are taken into account." |
21 | Page 2, line 37, at end insert |
"( ) | Where a local education authority in England receive representations from parents requesting the publication of a notice under section 7 of the Education and Inspections Act 2006, and the local education authority decide to take action other than publishing a notice under that section, the statement under subsection (1)(b) must include their reasons for not publishing the notice." |
| THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
22 | Page 2, line 39, after first "to" insert "the well-being and best interests of all children in their area and" |
| THE LORD JUDD
THE LORD PLANT OF HIGHFIELD
THE BARONESS STERN |
23* | Page 3, leave out line 8 |
| THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
24 | Page 3, line 9, at end insert |
"(1A) | In the case of a child not registered at a school and not receiving suitable education otherwise than in a school, the local education authority shall have a duty to ensure that the child receives a suitable education." |
| THE LORD JUDD
THE LORD PLANT OF HIGHFIELD
THE BARONESS STERN |
25* | Page 3, line 9, at end insert |
"( ) | Section 562(1) of EA 1996 does not apply to the duty in subsection (1)." |
| THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD
THE BARONESS THORNTON
THE BARONESS DARCY DE KNAYTH |
26 | Insert the following new Clause |
| "Education of children detained under an order of court |
(1) | Chapter 5 of Part 10 of EA 1996 (Persons not covered by the Act) is amended as follows. |
(2) | Omit section 562 (Act not to apply to persons detained under order of a court)." |
| THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
27 | Page 3, line 22, leave out subsection (1) and insert |
"( ) | A local education authority must, with a view to improving standards, appoint suitable persons (to be known as school improvement partners) to provide assistance and support to head teachers and senior management teams in maintained schools, academies and city technology colleges." |
28 | Page 3, line 22, leave out from beginning to first "a" in line 23 and insert "The governing body of a maintained school must appoint" |
29 | Page 3, line 22, leave out "local education authority" and insert "maintained school" |
30 | Page 3, line 22, leave out "must" and insert "may" |
31 | Page 3, line 22, leave out from "appoint" to first "a" in line 23 |
32 | Page 3, line 23, after first "school" insert "that is eligible for intervention" |
33 | Page 3, line 25, at end insert |
"( ) | The local education authority shall ensure that any school improvement partner appointed in respect of a denominational school accepts the religious basis of the school." |
34 | Page 3, line 25, at end insert |
"( ) | A school improvement partner appointed by a governing body shall be employed or engaged and remunerated by the local education authority which maintains the school." |
35 | Page 3, line 25, at end insert |
"( ) | If at any time, two years after the commencement of this Act, a governing body is in disagreement with the local education authority about the suitability for that school of the person appointed as its school improvement partner, it may refer the matter to the adjudicator for a decision." |
36 | Page 3, line 27, after "unless" insert "he has demonstrated an understanding of special educational needs and disability legislation and" |
| THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
37 | Page 3, line 27, at end insert "by the local education authority" |
38 | Page 3, leave out lines 28 to 36 |
39 | Page 3, line 31, leave out "local education authorities" and insert "maintained schools" |
| THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
40 | Page 3, line 36, at end insert |
"( ) | Where, within an area covered by one local education authority, two or more governing bodies, head teachers and senior management teams have agreed for the purpose of improving standards to work together in a formal or informal federation, the local education authority shall be deemed to have fulfilled their duties under subsection (1) of this section." |
41 | Page 3, line 39, leave out "them" and insert "the governors of any maintained school where they act" |
42 | Page 3, line 40, at end insert |
"( ) | For any of the schools which they maintain, a local authority may specify the amount of time that the school's school improvement partner should spend at the school." |
43 | Transpose Clause 5 to after Clause 54 |
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