Education and Inspections Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 4 — Schools causing concern: England
52

(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
5
diocesan authority,
(c)
in the case of any other foundation or voluntary school, the person or
persons by whom the foundation governors are appointed,
(d)
in the case of a school which provides education suitable to the
requirements of persons over compulsory school age, the Learning and
10
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.
15
(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
20
reference to the local education authority ceasing to maintain it.
68
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 60 (school requiring significant improvement), or
25
(b)
section 61 (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).
30
(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
35
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
40
(2)(b), (c) and (d) if the local education authority have consulted them under
subsection (2) of section 64 in relation to a proposed notice under subsection (1)
of that section.

Education and Inspections Bill
Part 5 — Curriculum and entitlements
53

Governing bodies consisting of interim executive members: further provisions
69
Governing bodies consisting of interim executive members
Schedule 6 has effect in relation to any school in respect of which a notice has
been given—
(a)
under section 64(1) by the local education authority, or
5
(b)
under section 68(1) by the Secretary of State.
Amendments relating to schools causing concern
70
Amendments relating to schools causing concern
Schedule 7 contains amendments related to the provisions of this Part.
Supplementary
10
71
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.
72
Interpretation of Part 4
In this Part—
15
“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;
“Church of England school” and “Roman Catholic Church school” have
the same meaning as in SSFA 1998;
20
“eligible for intervention”, in relation to a maintained school, has the
meaning given by section 58(2);
“maintained school” has the meaning given by section 58(1).
Part 5
Curriculum and entitlements
25
73
Curriculum requirements for the fourth key stage
(1)
For section 85 of EA 2002 (curriculum requirements for fourth key stage)
substitute—
“85
Curriculum requirements for the fourth key stage
(1)
For the fourth key stage, the National Curriculum for England shall
30
comprise—
(a)
the core and other foundation subjects,
(b)
work-related learning, and
(c)
in relation to any pupil, such other courses of study as are
necessary to satisfy the entitlements conferred on him by
35
subsection (5) and section 85A.

Education and Inspections Bill
Part 5 — Curriculum and entitlements
54

(2)
The National Curriculum for England shall specify programmes of
study in relation to each of the core and other foundation subjects for
the fourth key stage.
(3)
The following are the core subjects for the fourth key stage—
(a)
mathematics,
5
(b)
English, and
(c)
science.
(4)
The following are the other foundation subjects for the fourth key
stage—
(a)
information and communication technology,
10
(b)
physical education, and
(c)
citizenship.
(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—
15
(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 purposes of
this subsection.
(6)
In the exercise of their functions under this Part so far as those functions
20
relate by virtue of this section to work-related learning a local
education authority, governing body or head teacher shall have regard
to any guidance issued from time to time by the Qualifications and
Curriculum Authority.
(7)
In this section “work-related learning” means planned activity
25
designed to use the context of work to develop knowledge, skills and
understanding useful in work, including learning through the
experience of work, learning about work and working practices and
learning the skills for work.
85A
Entitlement areas for the fourth key stage
30
(1)
A pupil in the fourth key stage is also entitled to do either of the
following (as he may elect)—
(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
35
(b)
to follow a course of study within an entitlement area specified
by the Secretary of State by order for the purposes of this
paragraph.
(2)
The entitlement areas referred to in subsection (1)(a) are—
(a)
arts, comprising—
40
(i)
art and design,
(ii)
music,
(iii)
dance,
(iv)
drama, and
(v)
media arts,
45
(b)
design and technology (comprising only that subject),
(c)
humanities, comprising—

Education and Inspections Bill
Part 5 — Curriculum and entitlements
55

(i)
geography, and
(ii)
history, and
(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.
5
(3)
An order under subsection (2)(d) may—
(a)
specify circumstances in which a language is not to be treated as
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
10
language.
(4)
The entitlement conferred on a pupil by this section is to be taken to be
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
15
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
(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
20
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
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
25
Qualifications and Curriculum Authority.
(6)
In this section “course of study” means—
(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
30
among those approved under section 98 of the Learning and
Skills Act 2000 for the purposes of section 96 of that Act;
(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
35
among those specified by the Secretary of State by order for the
purposes of this paragraph.”
(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,”,
40
(b)
in paragraph (b), for “that section is” substitute “those sections are”,
and
(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
45
Act as appear to the Secretary of State to be necessary or
expedient in connection with the provision made by virtue of
subsection (1).”
(3)
Renumber section 88 of EA 2002 (implementation of the National Curriculum

Education and Inspections Bill
Part 5 — Curriculum and entitlements
56

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
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
5
entitlement areas specified by the Secretary of State by order for the
purposes of section 85A(1)(b) (“the specified entitlement areas”) are
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
10
disproportionate expenditure.
(3)
Nothing in subsection (2) entitles a pupil who elects as mentioned in
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
15
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
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
20
arrangements.
(5)
In subsection (4) “collaboration arrangements” means—
(a)
arrangements made, in pursuance of regulations under section
26(a), with the governing body of one or more other maintained
schools, and
25
(b)
arrangements made, in pursuance of regulations under section
164(1)(a) of the Education and Inspections Act 2006, with one or
more further education bodies (within the meaning of that
section).
(6)
For the purposes of discharging their functions by virtue of this Part in
30
relation to courses of study within the specified entitlement areas, a
local education authority may make arrangements with an institution
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.
35
(7)
The Learning and Skills Council for England must co-operate with a
local education authority who propose to make arrangements in
pursuance of subsection (6).”
(4)
Until the commencement of subsection (1), section 85 of EA 2002 has effect with
the following modifications—
40
(a)
in subsection (1) after “other foundation subjects” insert “, the
entitlement conferred by subsection (3A)”, and
(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
45
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

Education and Inspections Bill
Part 5 — Curriculum and entitlements
57

(b)
specified by the Secretary of State by order for the
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
5
section 85 (as substituted by subsection (1)).
74
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
10
age of 19 may elect for either or both of the following entitlements—
(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
15
the Secretary of State by order for the purposes of this subsection.
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”)—
20
(a)
mathematics,
(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
25
school or institution.
(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
30
(1)
In relation to a person falling within section 3A(1), the additional
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
35
one of the entitlement areas specified by order for the purposes of
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.
3D
The core and additional entitlement: duties of the Council
40
(1)
The Council must exercise its functions under sections 2 and 3 in such
a way as to secure that the entitlements conferred by section 3A(1) are
satisfied.

Education and Inspections Bill
Part 6 — School travel and school food
58

(2)
The Council must also exercise those 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 3C(1) (“the
entitlement areas”) are made available in each local learning and skills
area, unless the Council determines that the making available of a
5
course of study within a particular entitlement area in a particular local
learning and skills area would involve disproportionate expenditure.
(3)
Nothing in subsection (2) entitles a person falling within section 3A(1)
to follow a course of study within a particular entitlement area or in a
particular local learning and skills area, or to follow more than one
10
course of study within different entitlement areas (provision as to the
entitlement of such a person being made by section 3C).
(4)
In the exercise of its functions by virtue of this section, the Council must
have regard to any guidance given from time to time by the Secretary
of State.
15
(5)
This section does not affect the generality of the duties imposed by
sections 2 and 3.
(6)
In this section, “local learning and skills area” means an area specified
by the Secretary of State for the purposes of section 19(1).”
(2)
In section 13 of that Act (persons with learning disabilities), in subsection (1)
20
after “3,” insert “3D,”.
Part 6
School travel and school food
Travel to schools etc
75
LEAs in England: duty to promote sustainable modes of travel etc
25
After section 508 of EA 1996 insert—
“508A
LEAs in England: duty to promote sustainable modes of travel etc
(1)
A local education authority in England must—
(a)
prepare for each academic year a document containing their
strategy to promote the use of sustainable modes of travel to
30
meet the school travel needs of their area (“a sustainable modes
of travel strategy”),
(b)
publish the strategy in such manner and by such time as may be
prescribed, and
(c)
promote the use of sustainable modes of travel to meet the
35
school travel needs of their area.
(2)
Before preparing a sustainable modes of travel strategy, an authority
must in particular—
(a)
assess the school travel needs of their area, and
(b)
assess the facilities and services for sustainable modes of travel
40
to, from and within their area.
(3)
“Sustainable modes of travel” are modes of travel which the authority
consider may improve either or both of the following—