Session 2010-11
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Academies Bill [HL]


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 10th June 2010, as follows—

Clauses 1 to 9
Schedule 1
Clause 10
Schedule 2
Clauses 11 to 16

[Amendments marked * are new or have been altered]

Clause 1

BARONESS MORGAN OF DREFELIN

6A

Page 1, line 6, leave out from “agreement” to end of line 7

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

7

Page 1, line 6, leave out “or” and insert “and”

BARONESS MORGAN OF DREFELIN

8

Page 1, line 7, leave out “Academy” and insert “Direct Maintained School”

9

Page 1, line 8, leave out “An Academy” and insert “A Direct Maintained School”

LORD PHILLIPS OF SUDBURY

BARONESS WALMSLEY

10

Page 1, line 9, after “party” insert “(as may from time to time be amended by them)”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

11

Page 1, line 10, leave out “and” and insert “or”

BARONESS MORGAN OF DREFELIN

11A

Page 1, line 12, at end insert “, provided that the other party shall not be in financial deficit nor hold an excessive financial surplus”

LORD BISHOP OF LINCOLN

12

Page 1, line 12, at end insert—

“and will ensure in respect of Academies with a religious designation that existing legislative provisions for maintained schools designated with a religious character, as they relate to admissions, the employment of staff and the curriculum, shall apply”

LORD LOW OF DALSTON

BARONESS WARNOCK

13

Page 1, line 14, leave out from “require” to end of line 15 and insert—

“( ) the other party to give the undertakings in subsection (5); and

( ) place the other party under the same obligations in relation to special educational needs that would have applied if the Academy arrangements had taken the form of an Academy agreement.”

BARONESS MORGAN OF DREFELIN

14

Page 1, line 15, at end insert—

“(4A) Academy financial assistance proposed to be given by the Secretary of State under section 14 of EA 2002 shall be set out in regulations made by statutory instrument.

(4B) Regulations under subsection (4A) shall be subject to affirmative resolution of both Houses of Parliament.”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

15

Page 1, line 15, at end insert—

“( ) In considering payments to be made under subsections (3) and (4), the Secretary of State shall be advised by the National Audit Office on whether the level of payments proposed by the Secretary of State is reasonable in respect of the educational provision at each Academy and the funding of similar maintained schools, taking account of the services provided by, and the statutory requirements on, the local authority, and the Secretary of State shall publish such advice.”

16

Page 1, line 15, at end insert—

“( ) In giving advice to the Secretary of State, the National Audit Office shall consult the local Schools Forum for the area in which the Academy is situated.”

LORD GREAVES

17

Page 1, line 17, leave out “an independent” and insert “a”

BARONESS MORGAN OF DREFELIN

18

Page 1, line 18, leave out from “(6)” to end of line 20

LORD NORTHBOURNE

19

Page 1, line 20, after “pupils” insert “or prospective pupils”

20

Page 1, line 20, at end insert “whether or not such pupils or prospective pupils have been statemented”

21

[Re-tabled as amendment 22A]

LORD RIX

22

Page 1, line 20, at end insert “and has characteristics that include those in subsection (6)(a)”

LORD PHILLIPS OF SUDBURY

BARONESS WALMSLEY

22A*

Page 1, line 20, at end insert “and”

23

Page 1, line 21, leave out “, or provide for the carrying on of,”

LORD NORTHBOURNE

24

Page 1, line 21, at end insert—

“( ) that at no time the governance of the Academy will be controlled by a majority of persons who are parents of pupils at the Academy”

BARONESS MORGAN OF HUYTON

25

Page 1, line 21, at end insert—

“( ) to ensure that the management team of the school share best practice with, and provide support and guidance to, underachieving schools within the same local authority area as the school, in a manner stipulated by the Secretary of State in the Academy agreement”

BARONESS MORGAN OF DREFELIN

26

Page 1, line 21, at end insert—

“( ) the school will continue to honour agreements made under section 166 of the Education and Inspections Act 2006”

27

Page 1, line 21, at end insert—

“( ) to continue to provide education to pupils of the same age range as when the Academy agreement was entered into”

28

Page 1, line 22, at end insert—

“( ) the school complies with the provisions of the Code for School Admissions issued from time to time by the Secretary of State;”

LORD LUCAS

29

Page 2, line 2, at end insert “and includes specified elements”

30

Page 2, line 2, at end insert “and includes teaching about the precepts of all major religions in the United Kingdom”

31

Page 2, line 2, at end insert—

“( ) substantial freedom is given to the school to innovate;”

BARONESS MASSEY OF DARWEN

BARONESS GOULD OF POTTERNEWTON

32

Page 2, line 2, at end insert—

“( ) the school has a curriculum which includes Personal, Social and Health Education as a statutory entitlement for all pupils;”

LORD LUCAS

33

Page 2, line 2, at end insert—

“( ) the Academy agreement includes rules for the composition and continuance of the governing body;”

34

Page 2, line 2, at end insert—

“( ) the school has given undertakings with regard to working in partnership with other schools;”

35

Page 2, line 2, at end insert—

“( ) the school has accepted conditions for its admission arrangements, and in particular a requirement that no more than 50% of pupils may be selected on the basis of their faith;”

36

Page 2, line 2, at end insert—

“( ) the school has accepted conditions as to its admission arrangements, and in particular a requirement that at least 20% of pupils be selected on the basis of a ballot (with or without banding by ability) alone;”

37

Page 2, line 2, at end insert—

“( ) the school is given the option of making arrangements for the funding of special educational needs (SEN) or school transport other than through its local education authority;”

38

Page 2, line 2, at end insert—

“( ) arrangements have been made for Ofsted to prepare annually interim reports on the school;”

BARONESS MORGAN OF DREFELIN

39

Page 2, line 2, at end insert—

“( ) the school is a failing school;”

40

Page 2, line 2, at end insert—

“( ) the school has a sponsor;”

LORD HILL OF OAREFORD

41

Page 2, line 5, leave out “agreement” and insert “arrangements”

LORD NORTHBOURNE

42

Page 2, line 5, at end insert “but “subject area” and “subject areas” need not necessarily relate to academic subjects or to academic subjects only”

LORD PHILLIPS OF SUDBURY

BARONESS WALMSLEY

43

Page 2, line 6, leave out “different” and insert “all”

LORD NORTHBOURNE

44

Page 2, line 6, after “different” insert “academic”

LORD ADONIS

45

Page 2, line 7, leave out paragraph (d)

LORD PHILLIPS OF SUDBURY

BARONESS WALMSLEY

46

Page 2, line 7, after “education” insert “non-selectively”

LORD BISHOP OF LINCOLN

47

Page 2, line 7, leave out from “are” to end of line 8 and insert “drawn from the area in which the school is situated subject to any exceptions specified in the agreement”

LORD ADONIS

48

Page 2, line 8, at end insert “or is a school which is wholly or mainly for boarding pupils”

49

Page 2, line 8, at end insert “or is a school providing an education wholly or mainly for pupils specialising in sport, music or the arts”

EARL OF LISTOWEL

BARONESS HOWE OF IDLICOTE

50

Page 2, line 8, at end insert—

“( ) for the purposes of the admissions policy as set out in any School Admissions Code made under section 84 of the SSFA 1998, the school is treated in the same way as if it were a maintained school;”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

51

Page 2, line 8, at end insert—

“( ) the school complies with the Code for School Admissions in the same manner in which a maintained school has to comply with the Code;”

52

Page 2, line 8, at end insert—

“( ) if the school provides nursery or primary education, its curriculum for children under five years old is the Early Years Foundation Stage;”

53

Page 2, line 8, at end insert—

“( ) if the school provides nursery or primary education, it is registered on the Early Years Register;”

54

Page 2, line 8, at end insert—

“( ) if the school has a Sure Start Children’s Centre, it continues to provide integrated children’s centre services;”

BARONESS MORGAN OF DREFELIN

55

Page 2, line 8, at end insert—

“( ) the school is not a special school;”

56

Page 2, line 8, at end insert—

“( ) the school provides for the continuous professional development of all of its staff;”

57

Page 2, line 8, at end insert—

“( ) the school does not use corporal punishment;”

LORD GREAVES

58

Page 2, line 8, at end insert—

“( ) the school is not a nursery or primary school”

BARONESS MORGAN OF DREFELIN

59

Page 2, line 8, at end insert—

“( ) the school does not select any of its pupils”

LORD BISHOP OF LINCOLN

60

Page 2, line 8, at end insert—

“( ) the school has a curriculum and provision for religious education for all registered pupils at the school in accordance with section 80(1)(a) of EA 2002 and section 69 of SSFA 1998, and the requirements of section 70 of SSFA 1998 for the provision of collective worship shall apply”

BARONESS MORGAN OF DREFELIN

60A

Page 2, line 8, at end insert—

“( ) the school offers a guarantee of minimum educational standards to pupils and parents (a pupil and parent guarantee) as set out in schedule (Pupil and parent guarantees)”

BARONESS MASSEY OF DARWEN

BARONESS FLATHER

61

Page 2, line 8, at end insert—

“( ) An Academy will make arrangements to ensure pupils can be excused from participating in religious education and collective worship as if the school were a maintained school for the purposes of section 71 of SSFA 1998.”

LORD NORTHBOURNE

62

Page 2, line 8, at end insert—

“( ) Academy arrangements may specify specific areas of special needs in which the Academy may provide targeted and holistic support to pupils or prospective pupils including provision for boarding education.”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

63

Page 2, line 8, at end insert—

“( ) The Secretary of State shall set up an independent monitoring system to ensure compliance with the characteristics set out in section (6).”

LORD PHILLIPS OF SUDBURY

BARONESS WALMSLEY

64

Page 2, line 9, leave out subsection (7) and insert—

“(7) Academy arrangements may prohibit any school from making any charge in respect of the admission to or provision of education at such school.”

BARONESS MORGAN OF DREFELIN

65

Page 2, line 9, leave out “Academy” and insert “Direct Maintained School”

66

Page 2, line 12, leave out “(subject to any exceptions specified in the terms)”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

67

Page 2, line 13, at end insert “, or

(c) the entitlement to nursery education.”

BARONESS MORGAN OF DREFELIN

68

Page 2, line 13, at end insert “, or

“( ) musical instrument tuition”

LORD NORTHBOURNE

69

Page 2, line 13, at end insert—

“( ) Exceptions under subsection (7)(b) may include provision for the special needs of a pupil or for a particular group or category of pupils or prospective pupils at the school.”

70

Page 2, line 13, at end insert—

“( ) Academy arrangements must include terms imposed for the purpose of securing that—

(a) every pupil in the Academy has the benefit of age-appropriate Personal, Social and Health Education; and

(b) every pupil over the age of 14 has the benefit of age appropriate education about relationships including sex and sexual relationships and also with special emphasis on the needs of young children and the responsibilities and challenges of parenthood.”

71

Page 2, line 13, at end insert—

“( ) An Academy or group of Academies may provide facilities to draw the attention of disadvantaged families to the possibility of entering their child for a place in an Academy and, if they are satisfied that the child would benefit by attending the Academy, encourage and help such families to apply for a place for their child.”

BARONESS MORGAN OF DREFELIN

72

Page 2, line 13, at end insert—

“( ) An Academy must operate in partnership with its local authority, and the maintained schools in that local authority area, on arrangements for the permanent exclusion of pupils.”

73

Page 2, line 13, at end insert—

“( ) Academy arrangements must include that the school is subject to arrangements for the permanent exclusion of pupils, including the right to appeal, that apply also in maintained schools.”

74

Page 2, line 13, at end insert—

“(7A) Academy arrangements must include terms imposed by the Secretary of State for the purpose of securing that the Academy proprietor be covered by an adequate and appropriate contract of insurance throughout the period of the Academy, covering liabilities which may be incurred in the operation of the school.”

LORD RIX

75

Page 2, line 13, at end insert—

“( ) Where the terms in the Academy agreement imposed for the purpose of securing that no charge is made in respect of education provided at the school specify exceptions, these exceptions shall not relate to any special educational provision made within the school.”

LORD LOW OF DALSTON

BARONESS WARNOCK

76

Page 2, line 13, at end insert—

“( ) Academy agreements shall contain provisions setting out the responsibilities of Academies in meeting the needs of pupils with special educational needs or disabilities.

( ) In discharging these responsibilities an Academy shall co-operate with the local education authority in making provision for pupils with a special educational needs or disabilities.

( ) An Academy funding agreement shall make provision to ensure that—

(a) an Academy must use its best endeavours to ensure that a local education authority is able to discharge its responsibilities in making arrangements for the provision of education for a pupil with a statement of special educational needs;

(b) an Academy shall have regard to the Special Educational Needs Code of Practice;

(c) an Academy shall act as if it were a maintained school for the purposes of Part IV of the Education Act 1996;

(d) Special Education Needs Co-ordinators shall be appointed in accordance with the Education (Special Education Needs Co-ordinators) (England) Regulations 2008;

(e) Academies shall make arrangements to ensure that an independent appeals process is available to parents of pupils with special education needs or disabilities.”

BARONESS MORGAN OF DREFELIN

76A

Page 2, line 13, at end insert—

“( ) Academy arrangements for an Academy which offers provision for students between the ages of 16 and 19 must include terms imposed for the purpose of securing that before offering a new course, or significantly expanding the numbers of students taking an existing course, the Academy will consult—

(a) other providers of that or similar courses which serve the area which it serves, and

(b) any bodies or groups established to plan or co-ordinate the provision of such courses in its area.”

77

Page 2, line 14, leave out “Academy” and insert “Direct Maintained School”

BARONESS HOWE OF IDLICOTE

78

Page 2, line 15, at end insert—

“( ) At least 25% of the people on the governing body of an Academy will be elected from among the parents of pupils at the school.”

BARONESS MORGAN OF DREFELIN

79

Page 2, line 15, at end insert—

“(9) The Secretary of State may by regulations make provision for any of the following purposes—

(a) specifying restrictions or other requirements in connection with entering into Academy arrangements (including provisions for restricting the entering into Academy agreements to those who are fit and proper persons within the meaning of the regulations);

(b) otherwise regulating the procedure to be followed in connection with the entering into Academy arrangements;

(c) prescribing the contents of Academy arrangements;

(d) authorising or requiring the variation of Academy arrangements by the Secretary of State.”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

80

Page 2, line 15, at end insert—

“( ) The Secretary of State shall by order specify the mandatory contents of an Academy arrangement.”

81

Page 2, line 15, at end insert—

“( ) An Academy is a public authority including for the purposes of the Human Rights Act 1998 and the Equality Act 2010.”

82

Page 2, line 15, at end insert—

“( ) The governing body of an Academy must include between three and seven governors elected from among the parents of pupils at the school, at least two members elected from among the staff of the school, one of whom must be a teacher, and at least one member of the local authority.”

LORD LOW OF DALSTON

BARONESS WARNOCK

83

Page 2, line 15, at end insert—

“( ) An Academy will admit and make provision for children with special educational needs as if it were a maintained school within the meaning of SSFA 1998.”

84

Page 2, line 15, at end insert—

“( ) An Academy will make arrangements for the admission of pupils to the school, including for appeals relating to admissions, as if it were a maintained school within the meaning of SSFA 1998.”

85

Page 2, line 15, at end insert—

“( ) An Academy will make arrangements for securing good behaviour and for pupil discipline including exclusion (including for appeals against permanent exclusions) as if it were a maintained school within the meaning of SSFA 1998.”

Clause 2

BARONESS MORGAN OF DREFELIN

86

Page 2, line 17, leave out “an Academy” and insert “a Direct Maintained School”

87

Page 2, line 19, leave out “an Academy” and insert “a Direct Maintained School”

88

Page 2, line 22, leave out paragraphs (a) and (b) and insert—

“(a) for at least three years, and

(b) terminable by the Secretary of State giving one year’s written notice”

89

Page 2, line 22, leave out paragraphs (a) and (b) and insert—

“(a) for at least five years, and

(b) terminable by the Secretary of State giving one year’s written notice”

90

Page 2, line 22, leave out “7” and insert “5”

91

Page 2, line 23, leave out “7” and insert “5”

LORD PHILLIPS OF SUDBURY

BARONESS WALMSLEY

92

Page 2, line 24, at end insert “(which may be served at any time)”

BARONESS MORGAN OF DREFELIN

92A

Page 2, line 24, at end insert—

“( ) The amount payable under Academy agreements to an Academy which offers provision for students between the ages of 16 and 19 shall not exceed the amount payable from public funds to other establishments which also make such provision for students in its area when compared on a like for like basis by reference to the numbers of full time equivalent students and the courses of study which they are undertaking.”

93

Page 2, line 25, leave out “an Academy” and insert “a Direct Maintained School”

94

Page 2, line 29, leave out “An Academy” and insert “A Direct Maintained School”

LORD PHILLIPS OF SUDBURY

BARONESS WALMSLEY

95

Page 2, line 30, after “for” add “reasonable”

BARONESS MORGAN OF DREFELIN

96

Page 2, line 34, at end insert—

“(5) The Young People’s Learning Agency has a duty to ensure that payments under an Academy agreement in respect of pupils of sixth form age do not give rise to disproportionate expenditure.”

BARONESS WILKINS

97

Page 2, line 34, at end insert—

“( ) In Schedule 1 to the School Finance (England) Regulations 2008, after paragraph 8 insert—

“8A Where a child is a registered pupil at an Academy, expenditure in respect of services for making provision for pupils with low incidence special educational needs or disabilities.”

( ) Where a local authority fails to secure satisfactory provision for pupils with low incidence special educational needs or disabilities, the Secretary of State may make alternative arrangements.”

Clause 3

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

98

Page 2, line 37, at beginning insert “Subject to section 5(9),”

BARONESS MORGAN OF DREFELIN

99

Page 2, line 37, after “maintained” insert “secondary”

100

Page 2, line 37, after “England” insert “that is not a special school”

101

Page 2, line 38, at end insert—

“(1A) Before making an application under this section, the school must consult—

(a) the children of the school;

(b) the parents of children at the school;

(c) the staff of the school;

(d) any trade unions which represent staff of the school;

(e) the local authority that presently maintains the school;

(f) any local authority which sends a significant proportion of children to the school;

(g) in the case of a secondary school, any primary school which sends a significant proportion of children to the school; and

(h) any other person it appears appropriate to the school to consult.

(1B) In its consultation under subsection (1A), the school must send out the following documents—

(a) the proposed agreement or undertakings between the school, or person acting on behalf of the school, and the Secretary of State which sets out all the terms by which the school will be established and maintained;

(b) information about any new proposed sponsor or person who it is intended will enter into the agreement with the Secretary of State or who will provide the undertakings to the Secretary of State and who will establish and maintain the school;

(c) guidance on the criteria that the school and the Secretary of State should take into account before entering into the proposed Academy arrangements; and

(d) any other documents that the school consider it appropriate to send out particularly with a view to providing the consultees with the case for and the case against the proposed Academy arrangements.

(1C) The consultation period under subsection (1A) must provide the consultees with at least six school weeks to submit their responses to the school.”

BARONESS HOWE OF IDLICOTE

102

Page 2, line 38, at end insert—

“(1A) Before making an application under this section, the school must consult—

(a) the parents of children of the school;

(b) the children and young people of the school;

(c) the staff of the school;

(d) any trade unions which represent staff of the school;

(e) the local authority that presently maintains the school;

(f) any local authority which sends a significant proportion of children to the school; and

(g) the governing bodies of other schools in the area which might reasonably be considered to be affected by the making of an Academy order.

(1B) In its consultation under subsection (1A), the school must send out the following documents—

(a) the proposed agreement or undertakings between the school, or person acting on behalf of the school, and the Secretary of State which sets out all the terms by which the school will be established and maintained;

(b) information about any new proposed sponsor or person who it is intended will enter into the agreement with the Secretary of State or who will provide the undertakings to the Secretary of State and who will establish and maintain the school;

(c) guidance on the criteria that the school and the Secretary of State should take into account before entering into the proposed Academy arrangements; and

(d) any other documents that the school consider it appropriate to send out particularly with a view to providing the consultees with the case for and the case against the proposed Academy arrangements.

(1C) The consultation period under subsection (1A) must provide the consultees with at least four school weeks to submit their responses to the school.”

BARONESS MORGAN OF DREFELIN

103

Page 2, line 38, at end insert—

“( ) A school making an application under subsection (1) must be either—

(a) eligible for intervention (within the meaning of Part 4 of EIA 2006), or

(b) partnered with a school that is eligible for intervention (within the meaning of Part 4 of EIA 2006).”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

104

Page 2, line 38, at end insert—

“( ) Before making an application under this section, the school must consult with, and send information regarding any perceived advantages or disadvantages to the school of making such an application to, the following—

(a) the children of the school,

(b) the parents of children of the school,

(c) the staff of the school,

(d) the local authority that presently maintains the school,

(e) any local authority which sends a significant proportion of children to the school,

(f) in the case of a secondary school any primary school which sends a significant proportion of children to the school, and

(g) any other person it appears appropriate to the school to consult.”

BARONESS MORGAN OF DREFELIN

105

Page 2, line 38, at end insert—

“( ) An application under subsection (1) shall be in such form and shall contain such particulars as may be prescribed in regulations.”

LORD GREAVES

106

Page 2, line 38, at end insert—

“(1A) Before making an application under this section, the school must publish a notice of its intention to make such an application—

(a) on its website; and

(b) in such other ways that it considers will bring it to the notice of persons in the area that the school serves.

(1B) The school must publish on its website a copy of the responses received during the consultation period and send a copy to the Secretary of State with its application.”

LORD BISHOP OF LINCOLN

107

Page 3, line 5, at end insert—

“( ) the relevant religious authority if applicable”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

108

Page 3, line 7, at end insert—

“( ) The governing body may withdraw the application without giving reason at any time up to one week before the conversion date specified under section 5.”

Clause 4

BARONESS MORGAN OF DREFELIN

109

Page 3, line 9, at end insert “secondary”

110

Page 3, line 10, after “England” insert “that is not a special school”

111

Page 3, line 11, leave out paragaph (a)

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

112

Page 3, line 13, leave out paragraph (b)

LORD RIX

113

Page 3, line 14, at end insert—

“( ) the school meets a specified standard of provision for children with special educational needs.”

BARONESS MORGAN OF DREFELIN

114

Page 3, line 14, at end insert—

“( ) The Secretary of State may not make an Academy order in respect of a maintained school in England providing secondary education (“the applicant school”) if 10% or more of maintained schools providing secondary education in the local authority area where the applicant school is situated already have Academy status.”

115

Page 3, line 14, at end insert—

“( ) The Secretary of State shall publish the criteria that he will take into account when deciding whether to enter into an Academy arrangement with the other party and that he will take into account before making an Academy order; and such criteria shall include matters relating to—

(a) the demographic and planning needs of the area of the school;

(b) compliance with equalities legislation; and

(c) proper controls over public expenditure.”

LORD WHITTY

116

Page 3, line 14, at end insert—

“( ) No Academy order shall be made unless the local education authority has been consulted and agreed to the order.”

117

Page 3, line 14, at end insert—

“( ) No Academy order shall be made unless the local education authority has been consulted.”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

118

Page 3, line 14, at end insert—

“( ) In making an Academy order, the Secretary of State shall have regard to the advice of the Schools Adjudicator.”

LORD WHITTY

119

Page 3, line 16, at end insert—

“( ) No Academy order shall be made until a full assessment has been made of the educational, social and resource effect of such a prospective order on educational provision in the whole of the local educational authority area as a result of the removal of the prospective Academy from local authority oversight.”

BARONESS MORGAN OF DREFELIN

120

Page 3, line 17, after “maintained” insert “secondary”

LORD PHILLIPS OF SUDBURY

120A*

Page 3, line 18, leave out “or a school that replaces it”

LORD BISHOP OF LINCOLN

121

Page 3, line 23, at end insert—

“( ) the trustees of the school, the person or persons by whom the foundation governors are appointed and the relevant religious authority”

122

Page 3, line 28, at end insert—

“( ) the trustees of the school, the person or persons by whom the foundation governors are appointed and the relevant religious authority if applicable”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

123

Page 3, line 28, at end insert—

“( ) The Secretary of State shall publish a list of criteria by which he will judge an application under section 3 which must include the grounds for approving an application by a maintained school which is subject to, or likely to be subject to, a local authority notice to cease to maintain a school under section 30 of SSFA 1998 and sections 15 to 17 of EIA 2006.”

BARONESS MORGAN OF DREFELIN

LORD WHITTY

124

Page 3, line 29, leave out subsection (6)

BARONESS MORGAN OF DREFELIN

125

Page 3, line 32, at end insert—

“(6A) The power of the Secretary of State to make an Academy order must be exercised by statutory instrument.

(6B) Subject to subsection (6C), Academy orders shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6C) The first two Academy orders made in respect of schools within the area of each local authority shall be subect to affirmative resolution of both Houses of Parliament.”

BARONESS WALMSLEY

BARONESS WILLIAMS OF CROSBY

BARONESS SHARP OF GUILDFORD

126

Page 3, line 34, at end insert—

“( ) The Secretary of State shall by order specify the mandatory contents of an Academy order.”

LORD BISHOP OF LINCOLN

127

Page 3, line 34, at end insert—

“( ) A partnership agreement with a school eligible for intervention will have been signed, on the conversion date, subject to the Secretary of State determining that such an agreement is impractical or inappropriate.”

After Clause 4

LORD GREAVES

128

Insert the following new Clause—

“Community facilities

(1) An Academy order must include provisions which make available for community use some or all of the school’s facilities.

(2) Such provisions shall not be fewer and on less advantageous terms than those which have been available prior to the application being made for an Academy order.

(3) Such provisions may be made by means of a contract or contracts with a local authority or other non-profit making or commercial body.

(4) “Local authority” in this section means a county, district, unitary or parish council.”

Clause 5

LORD WHITTY

129

Page 3, line 39, at end insert “or such other date determined by negotiation with the local authority”

BARONESS MORGAN OF DREFELIN

130

Page 3, line 39, at end insert—

“( ) No non-selective school converting to Academy status may become selective after the conversion date.”

BARONESS MORGAN OF DREFELIN

LORD WHITTY

131

Page 3, line 40, leave out subsections (3) and (4)

LORD NORTHBOURNE

132

Page 4, line 2, after “by” insert “academic”

BARONESS MASSEY OF DARWEN

133

Page 4, line 14, leave out subsections (7) and (8)

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

134

Page 4, line 14, after “applies” insert “only”

135

Page 4, line 16, at end insert “and if the governing body has made a request to maintain such religious character”

136

Page 4, line 20, leave out subsection (9)

137

Page 4, line 23, at end insert—

“except that under the School Governance (Procedures) Regulations 2003, the procedure required to make an application for an Academy order under section 3 shall be the same as a decision under section 30 of SSFA 1998.”

After Clause 5

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

138

Insert the following new Clause—

“SEN arrangements

Arrangements for special educational needs provision in an Academy under Part 4 of EA 1996 remain those that were applicable as if the Academy order had not been made.”

139

Insert the following new Clause—

“Transport arrangements

Arrangements for school transport provision in an Academy under Part 9 of EA 1996 remain those that were applicable as if the Academy order had not been made.”

Clause 6

BARONESS MORGAN OF DREFELIN

140

Page 4, line 30, after “surplus” insert “or deficit”

141

Page 4, line 31, at end insert “or deficit”

LORD WHITTY

142

Page 4, line 31, at end insert—

“( ) The surplus so determined shall revert to the local authority unless by agreement with the local authority if it is transferred in whole or in part to the proprietor of the Academy.”

BARONESS MORGAN OF DREFELIN

143

Page 4, line 32, leave out subsection (3) and insert—

“(3) The local authority must deduct the surplus from the budget share of the school and redistribute that amount within the delegated funding for the schools of the local authority.”

144

Page 4, line 32, leave out subsection (3) and insert—

“( ) Any amount determined under subsection (2)(b) shall be deemed a loan from the local authority to the proprietor of the Academy to be repaid over five years and at a commercial rate of interest.”

145

Page 4, line 32, leave out subsection (3) and insert—

“( ) Any amount determined under subsection (2)(b) shall be deemed a loan from the local authority to the proprietor of the Academy to be repaid over 10 years and at a commercial rate of interest.”

146

Page 4, line 32, leave out subsection (3) and insert—

“( ) Any amount determined under subsection (2)(b) shall be deemed a loan from the local authority to the proprietor of the Academy to be repaid over 15 years and at a commercial rate of interest.”

147

Page 4, line 32, leave out subsection (3) and insert—

“( ) Any amount determined under subsection (2)(b) shall be deemed a loan from the local authority to the proprietor of the Academy to be repaid over 20 years and at a commercial rate of interest.”

148

Page 4, line 32, leave out subsection (3) and insert—

“( ) Any amount determined under subsection (2)(b) shall be deemed a loan from the local authority to the proprietor of the Academy to be repaid over 25 years and at a commercial rate of interest.”

149

Page 4, line 32, leave out subsection (3) and insert—

“( ) Any amount determined under subsection (2)(b) shall be deemed a loan from the local authority to the proprietor of the Academy to be repaid over 30 years and at a commercial rate of interest.”

150

Page 4, line 33, after “Academy” insert “and the proprietor of the Academy must repay any amount of deficit determined under subsection (2)(b) to the local authority”

LORD WHITTY

151

Page 4, line 35, leave out subsections (4) and (5)

BARONESS MORGAN OF DREFELIN

152

Page 4, line 35, leave out “and payment”

153

Page 4, line 37, leave out subsection (5)

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

154

Page 4, line 40, leave out paragraph (b) and insert—

“(b) authorising the proprietor to appeal to a Local Commissioner;”

155

Page 4, line 43, leave out “review” and insert “appeal”

156

Page 4, line 44, leave out “review” and insert “appeal”

BARONESS MORGAN OF DREFELIN

157

Page 5, line 10, leave out paragraph (b) and insert—

“( ) the amount of the surplus payable to the proprietor of the Academy in accordance with subsection (3) shall be limited to no more than 5% of the current budget share for secondary schools, or 8% of the current budget share for primary and secondary schools, or £10,000 where that is greater than either percentage threshold plus additionally any amount which the governing body of the school has declared to be assigned for specific purposes permitted by the authority and which the authority is satisfied is properly assigned;

( ) any additional surplus held immediately before the conversion date shall be retained by the authority for redistribution within the delegated funding for the schools of the local authority and the school must pay to the local authority any such additional surplus pursuant to this subsection;”

158

Page 5, line 10, at end insert—

“( ) For the purposes of this section—

(a) a school has a deficit immediately before the conversion date if, at that time, there is an amount made available by a local authority to the school’s governing body (under section 50 of SSFA 1998 or otherwise) that has been overspent by the governing body or the head teacher;

(b) the amount of the deficit is that amount.”

After Clause 6

BARONESS MORGAN OF DREFELIN

159

Insert the following new Clause—

“Transfer of school deficits

(1) This section applies if—

(a) an Academy order has effect in respect of a school, and

(b) the order was made following an application under section 3.

(2) The local authority must determine—

(a) whether, immediately before the conversion date, the school has a deficit, and

(b) if so, the amount of the deficit.

(3) The proprietor of the Academy must pay any amount determined under subsection (2)(b) to the local authority, subject to the provisions of regulations under subsection (4).

(4) Regulations may make provision in connection with the determination and payment of the amount of a deficit under this section.

(5) Regulations under subsection (4) may in particular include provision—

(a) requiring the local authority to inform the proprietor of the determinations under subsection (2);

(b) authorising the proprietor to apply to the Secretary of State for a review of those determinations;

(c) about the procedure for, and the Secretary of State’s powers on, any such review;

(d) about the effect of any such review on the amount required to be paid by the proprietor to the local authority (including provision requiring repayment of sums by the local authority or the payment of additional sums by the proprietor);

(e) about the time limits for doing anything required or permitted to be done under this section or the regulations.

(6) For the purposes of this section—

(a) a school has a deficit immediately before the conversion date if, at that time, the governing body or the head teacher of the school have spent an amount in excess of the amount made available by a local authority to the school’s governing body (under section 50 of SSFA 1998 or otherwise);

(b) the amount of the deficit is that amount.

(7) For the purposes of subsection (6), the amount of expenditure which, immediately before the conversion date, is in excess of the amount which has been made available to a school’s governing body must be calculated taking into account any relevant redetermination for the funding period in which the conversion date falls.

(8) In subsection (7)—

“funding period” has the meaning given by section 45(1B) of SSFA 1998;

“relevant redetermination” means a redetermination of the school’s budget share which is required in accordance with regulations under section 47 of that Act.”

Clause 7

BARONESS SHARP OF GUILDFORD

160

Page 6, line 11, at end insert—

“( ) The Secretary of State before making a property transfer scheme shall consult with—

(a) the local authority;

(b) the current owner, if not the local authority; and

(c) any other such persons as the Secretary of State considers appropriate.”

Clause 8

LORD PHILLIPS OF SUDBURY

BARONESS WALMSLEY

161

Page 6, line 14, leave out “proprietor” and insert “operator”

LORD HODGSON OF ASTLEY ABBOTTS

162

Page 6, line 14, after “proprietor” insert—

“(a)”

163

[Withdrawn]

164

Page 6, line 14, leave out “is a charity” and insert “may be deemed to be an exempt charity if and in so far as it is a charity”

165

Page 6, line 14, at end insert “, or

“(b) may apply to be a community interest company (CIC)”

LORD BISHOP OF LINCOLN

166

Page 6, line 21, at end insert—

“( ) which in the case of an Academy which is to be treated, on the conversion date, as designated by order under section 69(3) of SSFA 1998 as an independent school having a religious character—

(i) shall have a constitution which satisfies the reasonable requirements of the person or persons by whom the foundation governors of the Academy are appointed and the relevant religious authority, and

(ii) shall be subject to the lawful powers and controls of the relevant religious authority,”

LORD PHILLIPS OF SUDBURY

BARONESS WALMSLEY

BARONESS WILLIAMS OF CROSBY

167

Page 6, line 24, leave out subsection (4)

BARONESS MORGAN OF DREFELIN

Baroness Morgan of Drefelin gives notice of her intention to oppose the Question that Clause 8 stand part of the Bill.

After Clause 8

LORD LUCAS

168

Insert the following new Clause—

“Academy proprietors: freedom of information

In Schedule 1 (public authorities) to the Freedom of Information Act 2000, after Part IV insert—

“Part IVA Academies

56A A qualifying Academy proprietor, within the meaning of section 8(2) of the Academies Act 2010, when exercising functions under that Act.””

BARONESS MORGAN OF DREFELIN

169

Insert the following new Clause—

“Compliance with Code for School Admissions

All academies shall comply with the provisions of the Code for School Admissions issued from time to time by the Secretary of State.”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

170

Insert the following new Clause—

“Academy proprietors

Where an Academy proprietor is not a qualifying proprietor, it shall not be permitted under the Academy arrangements to make a profit from any services in schooling and learning.”

Before Schedule 1

BARONESS MORGAN OF DREFELIN

170A

Insert the following new Schedule—

“SCHEDULE Pupil and parent guarantees

1 The Secretary of State must issue, and may from time to time revise—

(a) a document setting out what a pupil at a school to which this Schedule applies is entitled to expect with regard to the school (the “pupil guarantee”);

(b) a document setting out what a parent of a pupil at such a school is entitled to expect with regard to the school (the “parent guarantee”).

2 The pupil and parent guarantees may impose requirements on—

(a) local authorities in England,

(b) governing bodies, and proprietors (other than governing bodies), of schools to which this Schedule applies, and

(c) head teachers of schools to which this Schedule applies,

and may include guidelines setting out aims, objectives and other matters to which those authorities, bodies, proprietors and teachers must have regard in carrying out their functions.

3 The pupil guarantee and the parent guarantee must be framed with a view to realising the pupil ambitions and the parent ambitions respectively.

4 The pupil ambitions are—

(a) for all pupils to go to schools were there is good behaviour, strong discipline, order and safety;

(b) for all pupils to go to schools where they are taught a broad, balanced and flexible curriculum and where they acquire skills for learning and life;

(c) for all pupils to go to schools where they are taught in ways that meet their needs, where their progress is regularly checked and where particular needs are identified early and quickly addressed;

(d) for all pupils to go to schools where they take part in sporting and cultural activities;

(e) for all pupils to go to schools where their health and well-being are promoted, where they are able to express their views and where both they and their families are welcomed and valued.

5 The parent ambitions are—

(a) for all parents to have opportunities to exercise choice with and on behalf of their children, and to have the information and support they need to help them do so;

(b) for there to be, for all parents, home-school agreements outlining their responsibilities, and those of the school, for their children’s schooling;

(c) for all parents to have opportunities to be engaged in their children’s learning and development, and to have the information and support they need to help them do so;

(d) for all parents to have access to a variety of activities, facilities and services, including support and advice with regard to parenting.

6 In paragraph 4 “pupils” means pupils at schools to which this Schedule applies, and in paragraph 5 “parents” means parents of such pupils.

7 The pupil and parent guarantees may make different provision for schools or pupils of different descriptions.

8 No liability in tort can arise on the basis of the inclusion of any matter in the pupil guarantee or the parent guarantee.

9 The Secretary of State may by order made by statutory instrument amend paragraph 2 so as to add or remove a body or person.

10 A statutory instrument containing an order under paragraph 9 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Schedule 1

LORD BISHOP OF LINCOLN

171

Page 11, line 42, at beginning insert “subject to sub-paragraph (3A)”

172

Page 12, line 2, at end insert “which shall include compensation to the trustees if a trust arises under section 1 of the Reverter of Sites Act 1987 following the transfer of land under sub-paragraph (3)”

173

Page 12, line 9, at end insert—

“(3A) If the Academy is to be designated as an independent school having a religious character the terms of the direction to transfer shall first be approved by the trustees and relevant religious authority.”

174

Page 12, line 13, at end insert—

“( ) A transfer of land pursuant to sub-paragraph (3) will not, if applicable, give cause to arise a trust under section 1 of the Reverter of Sites Act 1987.”

BARONESS WHITAKER

175

Page 16, line 8, at end insert—

“( ) requiring the appointed person to ensure provision of premises which meet designated minimum design standards, including standards which meet the needs of students with disabilities”

After Clause 10

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

176

Insert the following new Clause—

“Special Educational Needs Co-ordinators

The Special Educational Needs Co-ordinator of an Academy must be a qualified teacher working at the school and having completed any induction period that has been required by the Secretary of State under regulations.”

177

Insert the following new Clause—

“Duty to promote community cohesion

The proprietor of an Academy in the discharging of the functions of the school shall be required to promote community cohesion.”

178

Insert the following new Clause—

“Reversion to maintained school status

(1) An Academy school created under this Act shall have a power, once five years have passed since the establishment of the school, and at five year intervals thereafter, to apply to the Secretary of State to obtain the termination of the Academy school and its reversion to its previous maintained school status.

(2) Before making any such application, the Academy school must consult the following—

(a) the parents of children of the school;

(b) the staff of the school;

(c) the local authority for the area of the school;

(d) any local authority which sends a significant proportion of children to the school; and

(e) any other person it appears appropriate to the school to consult.

(3) The Secretary of State shall be required to consider any such application.

(4) All Academy agreements or undertakings must have provisions which set out the right to revert to maintained school status as is set out in this section.”

BARONESS HOWE OF IDLICOTE

179

Insert the following new Clause—

“Reversion to maintained school status (No. 2)

(1) An Academy school created under this Act shall have a power, after three years since the establishment of the Academy, and at five year intervals thereafter, to apply to the Secretary of State to obtain the termination of the Academy school and its reversion to its previous maintained school status.

(2) Before making any such application, the Academy school must consult the following—

(a) the parents of children of the school;

(b) the children of the schools;

(c) the staff of the school;

(d) any trade unions which represent staff of the school;

(e) the local authority for the area of the school;

(f) any local authority which sends a significant proportion of children to the school;

(g) in the case of a secondary school, any primary school which sends a significant proportion of children to the school; and

(h) any other person it appears appropriate to the school to consult.

(3) The Secretary of State shall be required to comply with any such application and carry out all necessary measures to put it into effect.

(4) All Academy agreements or undertakings must have provisions which set out the right to revert to maintained school status as is set out in this section.”

BARONESS MORGAN OF DREFELIN

180

Insert the following new Clause—

“Reversion to maintained school status (No. 3)

(1) An Academy school created under this Act shall have a power, once three years have passed since the establishment of the school, and at three year intervals thereafter, to apply to the Secretary of State to obtain the termination of the Academy school and its reversion to its previous maintained school status.

(2) Before making any such application the Academy school must consult the following—

(a) the parents of children of the school;

(b) the staff of the school;

(c) any trade unions which represent staff of the school;

(d) the local authority for the area of the school;

(e) any local authority which sends a signifciant proportion of children to the school; and

(f) any other person it appears appropriate to the school to consult.

(3) The Secretary of State shall be required to comply with any such application and carry out all necessary measures to put it into effect.

(4) All Academy agreements or undertakings must have provisions which set out the right to revert to maintained school status as is set out in this section.”

181

Insert the following new Clause—

“Reversion to maintained school status (No. 4)

(1) An Academy school created under this Act shall have a power, once 12 months have passed since the estabishment of the school, and at 12 month intervals thereafter, to apply to the Secretary to obtain the termination of the Academy school and its reversion to its previous maintained school status.

(2) Before making any such application, the Academy school must consult the following—

(a) the parents of children of the school;

(b) the staff of the school;

(c) any trade unions which represent staff of the school;

(d) the local authority for the area of the school;

(e) any local authority which sends a significant proportion of children to the school; and

(f) any other person it appears appropriate to the school to consult.

(3) The Secretary of State shall be required to comply with any such application and carry out all necessary measures to put it into effect.

(4) All Academy argreements or undertakings must have provisions which set out the right to revert to maintained school status as is set out in this section.”

182

Insert the following new Clause—

“Reversion to maintained school status (No. 5)

(1) An Academy school created under this Act shall have a power, once two years have passed since the estabishment of the school, and at two year intervals thereafter, to apply to the Secretary to obtain the termination of the Academy school and its reversion to its previous maintained school status.

(2) Before making any such application, the Academy school must consult the following—

(a) the parents of children of the school;

(b) the staff of the school;

(c) any trade unions which represent staff of the school;

(d) the local authority for the area of the school;

(e) any local authority which sends a significant proportion of children to the school; and

(f) any other person it appears appropriate to the school to consult.

(3) The Secretary of State shall be required to comply with any such application and carry out all necessary measures to put it into effect.

(4) All Academy argreements or undertakings must have provisions which set out the right to revert to maintained school status as is set out in this section.”

183

Insert the following new Clause—

“Academies: selection

No selective school converting to academy status may become selective after the conversion date.”

Schedule 2

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

184

Page 16, line 36, at end insert—

“ In section 317 (duties of governing body or LEA in relation to pupils with special educational needs) in subsection (3A) after the second occurrence of “school” insert “or the proprietor of an Academy”.”

LORD HILL OF OAREFORD

185

Page 16, line 37, leave out from “section” to end of line 39 and insert “337(b) (special schools not maintained by local authorities) after “approved under section 342” insert “or is an Academy”.”

186

Page 18, leave out lines 25 to 27

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

187

Page 18, line 35, after “arrangements” insert “and the making of an order under section 4 (Academy orders) of the Academies Act 2010”.”

LORD RIX

188

Page 18, line 35, at end insert—

“In section 206 (complaints to which this Chapter applies) in subsection (6)(c) after “a short stay school” insert “or an Academy”.”

189

Page 19, line 6, at end insert—

“Equality Act 2010 (c. 15)

( ) In Schedule 19, Part 1 of the Equality Act 2010 (public authorities: general) after “Other educational bodies” insert “an Academy (within the meaning of section 1(8) of the Academies Act 2010)”.”

After Clause 11

EARL OF LISTOWEL

190

Insert the following new Clause—

“Annual reports

The Secretary of State must produce a report every twelve months on the impact of the number of Academies established in the past year on the teaching workforce.”

BARONESS MORGAN OF DREFELIN

191

Insert the following new Clause—

“Pilots

(1) The Secretary of State shall make Academy orders to convert no fewer than two schools in no fewer than ten local authority areas (“pilot Academies”) before making an Academy order to convert a school in any other area.

(2) The local authority areas in subsection (1) shall be in several different government regions.

(3) The Academy orders made under subsection (1) shall create Academies in urban, suburban and rural communities.

(4) Once three years have passed after the latest conversion date of the schools listed in subsection (1), the Secretary of State shall make an assessment of the operation of the pilot Academies created under subsection (1) and report to both Houses of Parliament.

(5) An assessment made under subsection (4) shall include an assessment of—

(a) teaching and learning at the Academy;

(b) the effectiveness of the management of the school;

(c) the views of the governing body of the school, parents of children at the school, teachers at the school, trade unions representing teachers at the school and the local authority; any other person it appears appropriate to him to consult;

(d) the impact on neighbouring schools;

(e) the impact on community cohesion in the area;

(f) the impact on special needs provision in the area.”

Clause 13

LORD HILL OF OAREFORD

192

Page 8, leave out line 10

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

193

Page 8, line 22, at end insert—

““proprietor” means the person with whom the Secretary of State enters into Academy arrangements once the Academy has been established.”

Clause 16

BARONESS MORGAN OF DREFELIN

194

Page 8, line 40, leave out “Academies” and insert “Direct Maintained Schools”

In the Title

BARONESS MORGAN OF DREFELIN

195

Line 1, leave out “Academies” and insert “Direct Maintained Schools”