House of Lords portcullis
House of Lords
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill


Education and Inspections Bill
Part 4 — Schools causing concern: England

50

 

65      

Power of Secretary of State to direct closure of school

(1)   

If at any time a maintained school is eligible for intervention by virtue of

section 59 (school requiring special measures), the Secretary of State may give

a direction to the local education authority requiring the school to be

discontinued on a date specified in the direction.

5

(2)   

Before giving a direction under subsection (1), the Secretary of State must

consult—

(a)   

the local education authority and the governing body of the school,

(b)   

in the case of a foundation or voluntary school which is a Church of

England school or a Roman Catholic Church school, the appropriate

10

diocesan authority,

(c)   

in the case of any other foundation or voluntary school, the person who

appoints the foundation governors,

(d)   

in the case of a school which provides education suitable to the

requirements of persons over compulsory school age, the Learning and

15

Skills Council for England, and

(e)   

such other persons as the Secretary of State considers appropriate.

(3)   

On giving a direction under subsection (1) the Secretary of State must give

notice in writing of the direction to the governing body of the school and its

head teacher.

20

(4)   

Where the local education authority are given a direction under subsection (1),

they must discontinue the school in question on the date specified in the

direction; and nothing in sections 15 to 17 of this Act or in section 30 of SSFA

1998 applies to their discontinuance of the school under this section.

(5)   

In this section any reference to the discontinuance of a maintained school is a

25

reference to the local education authority ceasing to maintain it.

66      

Power of Secretary of State to provide for governing body to consist of interim

executive members

(1)   

If at any time a maintained school is eligible for intervention by virtue of—

(a)   

section 58 (school requiring significant improvement), or

30

(b)   

section 59 (school requiring special measures),

   

the Secretary of State may give the governing body a notice in writing stating

that, as from the date specified in the notice, the governing body are to be

constituted in accordance with Schedule 6 (governing bodies consisting of

interim executive members).

35

(2)   

Before exercising the power conferred by subsection (1), the Secretary of State

must consult—

(a)   

the local education authority,

(b)   

the governing body of the school,

(c)   

in the case of a foundation or voluntary school which is a Church of

40

England school or a Roman Catholic Church school, the appropriate

diocesan authority, and

(d)   

in the case of any other foundation or voluntary school, the person or

persons by whom the foundation governors are appointed.

(3)   

The Secretary of State need not consult the persons mentioned in subsection

45

(2)(b), (c) and (d) if the local education authority have consulted them under

 
 

Education and Inspections Bill
Part 5 — Curriculum and entitlements

51

 

subsection (2) of section 62 in relation to a proposed notice under subsection (1)

of that section.

Governing bodies consisting of interim executive members: further provisions

67      

Governing bodies consisting of interim executive members

Schedule 6 has effect in relation to any school in respect of which a notice has

5

been given—

(a)   

under section 62(1) by the local education authority, or

(b)   

under section 66(1), by the Secretary of State.

Amendments relating to schools causing concern

68      

Amendments relating to schools causing concern

10

Schedule 7 contains amendments related to the provisions of this Part.

Supplementary

69      

Duty of LEA to have regard to guidance

A local education authority must, in exercising their functions under this Part,

have regard to any guidance given from time to time by the Secretary of State.

15

70      

Interpretation of Part 4

In this Part—

“appropriate diocesan authority” has the same meaning as in SSFA 1998;

“Chief Inspector” means Her Majesty’s Chief Inspector of Education,

Children’s Services and Skills;

20

“Church of England school” and “Roman Catholic Church school” have

the same meaning as in SSFA 1998;

“eligible for intervention”, in relation to a maintained school, has the

meaning given by section 56(2);

“maintained school” has the meaning given by section 56(1).

25

Part 5

Curriculum and entitlements

71      

Curriculum requirements for the fourth key stage

(1)   

For section 85 of EA 2002 (curriculum requirements for fourth key stage)

substitute—

30

“85     

Curriculum requirements for the fourth key stage

(1)   

For the fourth key stage, the National Curriculum for England shall

comprise—

(a)   

the core and other foundation subjects,

(b)   

work-related learning, and

35

 
 

Education and Inspections Bill
Part 5 — Curriculum and entitlements

52

 

(c)   

in relation to any pupil, such other courses of study as are

necessary to satisfy the entitlements conferred on him by

subsection (5) and section 85A.

(2)   

The National Curriculum for England shall specify programmes of

study in relation to each of the core and other foundation subjects for

5

the fourth key stage.

(3)   

The following are the core subjects for the fourth key stage—

(a)   

mathematics,

(b)   

English, and

(c)   

science.

10

(4)   

The following are the other foundation subjects for the fourth key

stage—

(a)   

information and communication technology,

(b)   

physical education, and

(c)   

citizenship.

15

(5)   

A pupil in the fourth key stage is entitled, if he so elects, to follow a

course of study in science which leads to such qualification or set of

qualifications as the governing body may choose from among those—

(a)   

approved under section 98 of the Learning and Skills Act 2000

for the purposes of section 96 of that Act, and

20

(b)   

specified by the Secretary of State by order for the purposes of

this subsection.

(6)   

In the exercise of their functions under this Part so far as those functions

relate by virtue of this section to work-related learning a local

education authority, governing body or head teacher shall have regard

25

to any guidance issued from time to time by the Qualifications and

Curriculum Authority.

(7)   

In this section “work-related learning” means planned activity

designed to use the context of work to develop knowledge, skills and

understanding useful in work, including learning through the

30

experience of work, learning about work and working practices and

learning the skills for work.

85A     

Entitlement areas for the fourth key stage

(1)   

A pupil in the fourth key stage is also entitled to do either of the

following (as he may elect)—

35

(a)   

to follow a course of study in a subject within each of such one

or more of the four entitlement areas specified in subsection (2)

as he may choose, or

(b)   

to follow a course of study within an entitlement area specified

by the Secretary of State by order for the purposes of this

40

paragraph.

(2)   

The entitlement areas referred to in subsection (1)(a) are—

(a)   

arts, comprising—

(i)   

art and design,

(ii)   

music,

45

(iii)   

dance,

(iv)   

drama, and

 
 

Education and Inspections Bill
Part 5 — Curriculum and entitlements

53

 

(v)   

media arts,

(b)   

design and technology (comprising only that subject),

(c)   

humanities, comprising—

(i)   

geography, and

(ii)   

history, and

5

(d)   

modern foreign languages, comprising any modern foreign

language specified in an order made by the Secretary of State or,

if the order so specifies, any modern foreign language.

(3)   

An order under subsection (2)(d) may—

(a)   

specify circumstances in which a language is not to be treated as

10

falling within subsection (2)(d), and

(b)   

provide for the determination under the order of any question

arising as to whether a particular language is a modern foreign

language.

(4)   

The entitlement conferred on a pupil by this section is to be taken to be

15

satisfied—

(a)   

where he elects as mentioned in paragraph (a) of subsection (1),

if a course of study in a subject within each of the entitlement

areas specified in subsection (2) is made available to him by or

on behalf of the school at which he is a registered pupil, or

20

(b)   

where he elects as mentioned in paragraph (b) of subsection (1),

if a course of study within one of the entitlement areas specified

by order under that paragraph is made available to him by or on

behalf of the school at which he is a registered pupil.

(5)   

In the exercise of their functions by virtue of this Part in relation to

25

courses of study falling within subsection (1)(a) or (b), a local education

authority, governing body or head teacher shall have regard to any

guidance issued from time to time by the Secretary of State or the

Qualifications and Curriculum Authority.

(6)   

In this section “course of study” means—

30

(a)   

in relation to a subject within an entitlement area specified in

subsection (2), a course of education or training which leads to

such qualification as the governing body may choose from

among those approved under section 98 of the Learning and

Skills Act 2000 for the purposes of section 96 of that Act;

35

(b)   

in relation to an entitlement area specified by order under

subsection (1)(b), a course of education or training which leads

to such qualification as the governing body may choose from

among those specified by the Secretary of State by order for the

purposes of this paragraph.”

40

(2)   

In section 86 of EA 2002 (power to alter or remove requirements for fourth key

stage)—

(a)   

in paragraph (a), for “section 85,” substitute “sections 85 and 85A,”,

(b)   

in paragraph (b), for “that section is” substitute “those sections are”,

and

45

(c)   

renumber the section as so amended as subsection (1) of the section and

at the end insert—

“(2)   

An order under this section may make such amendments of this

Act as appear to the Secretary of State to be necessary or

 
 

Education and Inspections Bill
Part 5 — Curriculum and entitlements

54

 

expedient in connection with the provision made by virtue of

subsection (1).”

(3)   

Renumber section 88 of EA 2002 (implementation of the National Curriculum

for England in schools) as subsection (1) of that section and at the end insert—

“(2)   

In relation to any maintained school and any school year, the local

5

education authority, the governing body and the head teacher shall, in

addition to their duties by virtue of subsection (1), exercise their

functions with a view to securing that courses of study within all of the

entitlement areas specified by the Secretary of State by order for the

purposes of section 85A(1)(b) (“the specified entitlement areas”) are

10

made available by or on behalf of the school, unless the local education

authority determine that the making available of a course of study

within a particular specified entitlement area would involve

disproportionate expenditure.

(3)   

Nothing in subsection (2) entitles a pupil who elects as mentioned in

15

section 85A(1)(b) to follow a course of study within a particular

specified entitlement area or to follow more than one course of study

within different specified entitlement areas (provision as to the

entitlement of individual pupils being made by section 85A(4)(b)).

(4)   

For the purposes of discharging their functions by virtue of this Part in

20

relation to courses of study within the specified entitlement areas, the

governing body of a maintained school shall, in particular, consider

whether it would be appropriate to make any collaboration

arrangements.

(5)   

In subsection (4) “collaboration arrangements” means—

25

(a)   

arrangements made, in pursuance of regulations under section

26(a), with the governing body of one or more other maintained

schools, and

(b)   

arrangements made, in pursuance of regulations under section

161(1)(a) of the Education and Inspections Act 2006, with one or

30

more further education bodies (within the meaning of that

section).

(6)   

For the purposes of discharging their functions by virtue of this Part in

relation to courses of study within the specified entitlement areas, a

local education authority may make arrangements with an institution

35

within the further education sector under which a course of study

within a specified entitlement area is made available to pupils of a

school at the institution within the further education sector.

(7)   

The Learning and Skills Council for England must co-operate with a

local education authority who propose to make arrangements in

40

pursuance of subsection (6).”

(4)   

Until the commencement of subsection (1), section 85 of EA 2002 has effect with

the following modifications—

(a)   

in subsection (1) after “other foundation subjects” insert “, the

entitlement conferred by subsection (3A)”, and

45

(b)   

after subsection (3) insert—

“(3A)   

A pupil in the fourth key stage is entitled, if he so elects, to

follow a course of study in science which leads to such

 
 

Education and Inspections Bill
Part 5 — Curriculum and entitlements

55

 

qualification or set of qualifications as the governing body may

choose from among those—

(a)   

approved under section 98 of the Learning and Skills

Act 2000 for the purposes of section 96 of that Act, and

(b)   

specified by the Secretary of State by order for the

5

purposes of this subsection.”

(5)   

Any order made (by virtue of subsection (4) of this section) under section

85(3A) of EA 2002 before the commencement of subsection (1) of this section is

to have effect from that commencement as if made under subsection (5) of

section 85 (as substituted by subsection (1)).

10

72      

Education and training to satisfy entitlements

(1)   

After section 3 of the Learning and Skills Act 2000 (c. 21) insert—

“3A     

Entitlement to education and training for persons aged 16 to 19

(1)   

A person who is above compulsory school age but has not attained the

age of 19 may elect for either or both of the following entitlements—

15

(a)   

the core entitlement described in section 3B, and

(b)   

the additional entitlement described in section 3C.

(2)   

In this section and in sections 3B to 3D, “course of study” means a

course of education or training leading to a qualification specified by

the Secretary of State by order for the purposes of this subsection.

20

3B      

The core entitlement

(1)   

In relation to a person falling within section 3A(1), the core entitlement

is an entitlement to follow a course of study in such one or more of the

following subjects as he may choose (“the core subjects”)—

(a)   

mathematics,

25

(b)   

English, and

(c)   

information and communication technology.

(2)   

The core entitlement is satisfied where a course of study in such of the

core subjects as the person has chosen is made available to him at a

school or institution.

30

(3)   

A person’s entitlement to follow a course of study within a core subject

ceases if he does not begin the course of study made available to him

before he attains the age of 19.

3C      

The additional entitlement

(1)   

In relation to a person falling within section 3A(1), the additional

35

entitlement is an entitlement to follow a course of study within an

entitlement area specified by the Secretary of State by order for the

purposes of this subsection.

(2)   

The additional entitlement is satisfied where a course of study within

one of the entitlement areas specified by order for the purposes of

40

subsection (1) is made available to the person at a school or institution.

(3)   

A person’s additional entitlement ceases if he does not begin the course

of study made available to him before he attains the age of 19.

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2006
Revised 27 July 2006