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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 158                                                                                              54/1
Education and Inspections Bill
HL Bill 158 54/1
Education and Inspections Bill
[AS AMENDED ON REPORT]
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 youth work, 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 158                                                                                              54/1
Education and Inspections Bill ii
19    Publication of proposals for alteration of school
20    Restriction on power of governing body to publish foundation proposals
21    Proposals under section 19: procedure
22    Right of governing body to determine own foundation proposals
23    Rights of interested bodies in relation to proposals under section 21
24    Proposals under section 19: implementation
Removal of foundation or reduction in foundation governors
25    Proposals for removal of foundation or reduction in foundation governors
26    Proposals under section 25: procedure
27    Proposals under section 25: implementation
General
28    Restriction on establishment, alteration or discontinuance of schools
29    Abolition of school organisation committees
30    Amendments relating to school organisation
31    Transitional provisions
32    Interpretation of Part 2
Part 3
Further provisions about maintained schools
Foundation, voluntary and foundation special schools
33    Requirements as to foundations
34    Parent councils for certain foundation or foundation special schools
35    Funding of voluntary aided schools: meaning of “capital expenditure”
36    Disposals and changes of use of land
37    Staff at foundation or voluntary schools with religious character
General duties of governing body
38    General duties of governing body of maintained school
School admissions
39    General restriction on selection by ability
40    Code for school admissions
41    Role of admission forums
42    Support for parental preferences
43    Duty of governing body to implement decisions relating to admissions
44    Prohibition on interviews
45    Admission arrangements for schools with religious character: consultation
and objections
46    Restrictions on alteration of admission arrangements
47    Objections to admission arrangements
48    Looked after children to whom section 87(2) of SSFA 1998 applies
49    Procedure for giving directions under section 96 of SSFA 1998
50    Direction to admit looked after child to specified school
51    Directions to admit child to specified school: supplementary provisions
52    Power of Assembly to make regulations about looked after children
Education and Inspections Bill iii
53    Schools with pre-1998 arrangements for selection by ability or aptitude
54    Pupil banding
Miscellaneous
55    Right of sixth-form pupils to be excused from attendance at religious worship
56    School funding
57    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
58    Meaning of “maintained school” and “eligible for intervention”
Schools that are eligible for intervention
59    Warning notice by local education authority
60    School requiring significant improvement
61    School requiring special measures
Intervention by local education authority
62    Power of LEA to require governing body to enter into arrangements
63    Power of LEA etc. to appoint additional governors
64    Power of LEA to provide for governing body to consist of interim executive
members
65    Power of LEA to suspend right to delegated budget
Intervention by Secretary of State
66    Power of Secretary of State to appoint additional governors
67    Power of Secretary of State to direct closure of school
68    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
69    Governing bodies consisting of interim executive members
Amendments relating to schools causing concern
70    Amendments relating to schools causing concern
Supplementary
71    Duty of LEA to have regard to guidance
72    Interpretation of Part 4
Education and Inspections Bill iv
Part 5
Curriculum and entitlements
73    Curriculum requirements for the fourth key stage
74    Education and training to satisfy entitlements
Part 6
School travel and school food
Travel to schools etc
75    LEAs in England: duty to promote sustainable modes of travel etc
76    LEAs in England: provision of travel arrangements etc for children
77    LEAs in England: school travel schemes
78    Piloting of school travel scheme provisions
79    Power to repeal school travel scheme provisions etc
80    LEAs in England: provision of transport etc for certain adult learners
81    Amendments of section 444 of EA 1996 in relation to school travel
82    Learning and Skills Council for England: transport etc for persons of sixth
form age
83    LEAs in England: duty to have regard to religion or belief in exercise of travel
functions
84    Further amendments relating to travel to schools etc
Food and drink provided on school premises etc
85    Provision of food and drink on school premises etc
86    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
87    Responsibility of governing body for discipline
88    Determination by head teacher of behaviour policy
Enforcement of discipline (including compliance with instructions)
89    Meaning of “disciplinary penalty”
90    Enforcement of disciplinary penalties: general
91    Enforcement of disciplinary penalties: detention outside school sessions
92    Power of members of staff to use force
93    Defence where confiscation lawful
Education and Inspections Bill v
Interpretation of Chapter 1
94    Interpretation of Chapter 1
Repeals
95    Repeals consequential on provisions of Chapter 1
Chapter 2
Parental responsibilities and excluded pupils
Parenting contracts and parenting orders
96    Parenting contracts
97    Parenting orders in case of exclusion or misbehaviour
98    Parenting contracts and parenting orders: further provisions
Excluded pupils
99    Duty of governing body or proprietor where pupil excluded for fixed period
100    Duty of local education authority in relation to excluded pupils
101    Reintegration interviews
102    Duty of parent in relation to excluded pupil
103    Notice to parent relating to excluded pupil
104    Penalty notice in respect of presence of excluded pupil in public place
105    Penalty notices: supplemental
106    Penalty notices: amendments of Police Reform Act 2002
107    Removal of excluded pupils to designated premises
School attendance
108    Failure to secure school attendance
109    Sums received under section 444A of EA 1996
Interpretation of Chapter 2
110    Meaning of “maintained school” and “relevant school” in Chapter 2
Part 8
Inspections
Chapter 1
The Office and the Chief Inspector
The Office
111    The Office for Standards in Education, Children’s Services and Skills
The Chief Inspector and other inspectors
112    Her Majesty’s Chief Inspector of Education, Children’s Services and Skills
113    Her Majesty’s Inspectors of Education, Children’s Services and Skills

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