Education and Inspections Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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After Clause 50

 

THE LORD DEARING
THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY
THE LORD LUCAS

179Insert the following new Clause—
  "Funding for children with special educational needs
(1)  The decision on whether to classify a child as having special educational needs shall be made by a body which will not have responsibility for providing the additional funding for the education of such children.
(2)  Children with special educational needs shall be allotted funding on an individual basis; and such funding shall follow the child to whichever school the child goes."
 

THE BARONESS BUSCOMBE

180Insert the following new Clause—
  "Duty to reduce regulation
(1)  The Secretary of State must publish annually a list of all regulations for which the Department for Education and Skills is responsible which lay a burden on any educational establishment or nursery school, and at the same time publish an estimate of the total compliance cost of each such regulation and of the average time taken by each person affected by the burden to comply with each regulation.
(2)  The Secretary of State shall have a duty to reduce by 10 per cent the number of regulations established under legislation for which his department is responsible within two years of the coming into force of this Act.
(3)  At the end of a period of two years after the coming into force of this Act the Secretary of State shall lay a report before each House of Parliament detailing his proposals to reduce by a further 10 per cent the number of regulations established under legislation for which his department is responsible and the timetable by which he expects to achieve that target."
 

THE LORD SMITH OF LEIGH

181Insert the following new Clause—
  "Building Schools for the Future
(1)  A local education authority in England must prepare and publish plans in connection with the implementation of the programme known as "Building Schools for the Future" in their area.
(2)  All schools in a local education authority area must co-operate with that local education authority in the planning and implementation of the programme in that local education authority's area."
 

THE LORD LUCAS

181AInsert the following new Clause—
  "Special educational needs capability
(1)  The Secretary of State shall by regulations require all schools to publish such information as is required for parents to be able to make an informed assessment of the capacity of the school to provide for children with special educational needs.
(2)  Without prejudice to the generality of subsection (1), this information shall include details of all relevant staff training and qualifications."
 

After Clause 51

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

182Insert the following new Clause—
  "Duties of the Schools Commissioner
(1)  The Schools Commissioner shall establish and make publicly available a list of potential trustees whom he has approved as appropriate for the role in accordance with guidance from the Secretary of State.
(2)  A local education authority shall not consider any proposals under section 7, 9 or 10 or alterations under sections 17 or 20 made by organisations other than those approved and listed by the Schools Commissioner.
(3)  School governing bodies shall not enter negotiations or foundation agreements with trustee partners who have not been approved by the Schools Commissioner."
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD
THE BARONESS DARCY DE KNAYTH
THE LORD RIX

183Insert the following new Clause—
  "Professional standards for teachers
  Professional standards for teachers shall require that all those receiving—
(a)  initial teacher training,
(b)  assessment for induction or as a main-scale teacher,
(c)  assessment for threshold or as a senior teacher,
(d)  assessment for suitability as a head teacher,
  shall be required to demonstrate an understanding of special educational needs and disability legislation."
 

THE LORD JUDD
THE LORD PLANT OF HIGHFIELD
THE BARONESS STERN
THE BARONESS WILLIAMS OF CROSBY

184Insert the following new Clause—
  "Availability of statutory protections to pupils at Academies and city technology colleges
  In section 482 of EA 1996, after subsection (6) insert—
    "(7)  The following enactments shall apply to Academies and to city technology colleges—
    (a)  the Human Rights Act 1998 as if they were maintained schools;
    (b)  the Freedom of Information Act 2000 as if they were maintained schools;
    (c)  Part IV of this Act (children with Special educational needs) as if they were maintained schools;
    (d)  section 409 of this Act (complaints about delivery of the curriculum and related matters);
    (e)  Chapter III of Part VI of this Act (charging for school provision) as if they were maintained schools;
    (f)  sections 495 to 498 of this Act (Secretary of State's power to resolve disputes and direct action to prevent unreasonable exercise of powers);
    (g)  section 71 of the School Standards and Framework Act 1998 (withdrawal of children from religious education and collective worship);
    (h)  Part III of the School Standards and Framework Act 1998 (admissions and admission appeals) as if they were maintained schools and their governing body was the admissions authority;
    (i)  Chapter I of Part 3 of the Education Act 2002 as if they were foundation schools and as if the sponsor were the foundation (governing bodies);
    (j)  section 52 of the Education Act 2002 (exclusions and appeals against exclusion) as if they were maintained schools;
    (k)  Parts 6 and 7 of the Education Act 2002 (National Curriculum) as if they were maintained schools.""
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

184AInsert the following new Clause—
  "Powers of local education authority in respect of support services
(1)  A local education authority in England may make such provision as they think fit to ensure the availability to schools maintained by them of education and child-related support services.
(2)  Services made available under this section may include—
(a)  services for children with special educational needs, looked after children and children educated otherwise than in school,
(b)  behaviour support services,
(c)  educational psychology services,
(d)  curriculum advisory services, and
(e)  such other services as the authority may consider desirable."
184B*Insert the following new Clause—
  "Well-being of homosexual pupils
  The governing body of every maintained school shall have a duty to establish effective policies to ensure the safety and emotional well-being of all pupils self-identifying as homosexual, or believed by others to be so, thereby promoting the fulfilment by every pupil concerned of his educational potential."
 

Clause 52

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

184CPage 40, line 26, at end insert—
"(d)  an Academy,
(e)  a city technology college, or
(f)  a city college for the technology of the arts."
 

Clause 53

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

184DPage 40, line 34, after "school" insert "or other relevant school"
184EPage 41, line 13, after "school" insert "or other relevant school"
184FPage 41, line 21, at end insert—
"(d)  that the contribution made by the school to the well-being of pupils at the school is unacceptably low, and is likely to remain so unless the authority exercise their powers under this Part"
 

THE BARONESS BUSCOMBE

185Page 41, line 28, leave out paragraph (c)
 

Clause 54

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

185APage 42, line 23, after "school" insert "or other relevant school"
185BPage 42, line 35, at end insert ", and
(c)  the subsequent inspection mentioned in paragraph (b) has taken place at least one year after the initial inspection referred to in paragraph (a)"
 

Clause 55

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

185CPage 42, line 37, after "school" insert "or other relevant school"
185DPage 42, line 45, at end insert ", and
(   )  the subsequent inspection mentioned in paragraph (b) has taken place at least one year after the initial inspection referred to in paragraph (a)"
 

Clause 56

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

185EPage 43, line 3, after "school" insert "or other relevant school"
185FPage 43, line 8, after "school" insert "or the employee of the authority itself"
185GPage 43, line 20, at end insert—
"(   )  the headteacher and staff of the school,
(   )  the headteacher, staff and governing body of any school or schools with which the school is required to collaborate,
(   )  the principal and corporation of any further education body with which the school is required to co-operate,"
 

Clause 57

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

185HPage 43, line 34, after "school" insert "or other relevant school"
 

THE BARONESS BUSCOMBE

186Page 44, line 1, after "school" insert "or a foundation school or foundation special school with a foundation whose instrument of government provides for the majority of governors to be foundation governors"
187Page 44, line 15, after "school" insert "or a foundation school or foundation special school with a foundation whose instrument of government provides for the majority of governors to be foundation governors"
 

Clause 58

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

187APage 45, line 3, after "school" insert "or relevant school"
 

Clause 60

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

187BPage 45, line 36, after "school" insert "or other relevant school"
187CPage 45, line 43, leave out "in relation to a voluntary aided school"
 

THE BARONESS BUSCOMBE

188Page 45, line 43, at end insert "or a foundation school or foundation special school with a foundation whose instrument of government provides for the majority of governors to be foundation governors"
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

188APage 45, line 44, at end insert—
"(   )  the local education authority and the governing body of the school,"
188BPage 46, line 9, leave out subsection (4)
 

THE BARONESS BUSCOMBE

189Page 46, line 26, after "school" insert "or a foundation school or foundation special school with a foundation whose instrument of government provides for the majority of governors to be foundation governors"
 

Clause 61

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

189APage 46, line 35, after "school" insert "or other relevant school"
 

Clause 62

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

189BPage 47, line 16, after "school" insert "or other relevant school"
 

Schedule 7

 

THE BARONESS BUSCOMBE

190Page 193, leave out lines 17 and 18

 
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©Parliamentary copyright 2006
17 July 2006