Amendments proposed to the Education Bill - continued House of Commons

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Mr Stephen Timms

460

Schedule     22,     page     199,     line     19,     column 2, after 'paragraphs', insert '18,'.

   

Mr Stephen Timms

462

Schedule     22,     page     199,     line     21,     at end insert—

'Criminal Justice and Court Services Act 2000 (c.43)Section 35(5).

In Schedule 7, paragraph 83.'.


NEW CLAUSES

City colleges

   

Mr Stephen Timms

NC5

To move the following Clause:—

    '(1)   This section applies to a school which is known immediately before the coming into force of section 62 as a city technology college or city college for the technology of the arts.

    (2)   If the proprietor of the school and the Secretary of State so agree—

      (a) the agreement made in relation to the school under section 482 of the Education Act 1996 (c.56) as it had effect at the time the agreement was made shall for all purposes be regarded as having been made under that section as substituted by section 62, and

      (b) accordingly, the school shall be known as an Academy.

    (3)   Subject to subsection (2), the agreement made in relation to the school under section 482 of the Education Act 1996 (c.56) as it had effect at the time the agreement was made is not affected by anything in section 62.'.


Education credits
   

Mr Andrew Turner

NC1

To move the following Clause:—

    '(1)   In this section and section 13 "education credit" means the entitlement to a sum of money of a person in circumstances mentioned in subsection (2) and calculated in accordance with subsection (3) which may only be used at an independent school in consideration of the education of a child in respect of whom the credit is provided;

    (2)   Those circumstances are—

      (a) that the person is the parent or guardian of a child of statutory school age;

      (b) that the person has, in respect of the child, expressed and given reasons for a preference as to the school at which he wishes education to be provided for that child;

      (c) that a local authority or governing body has not complied with such preference;

      (d) that the child has been admitted to an independent school or will be admitted subject to the availability of an education credit; and

      (e) that the child has not been educated in an independent school, other than when his parent or guardian is entitled to an education credit, for more than six months in the preceding three years.

    (3)   The education credit shall be calculated each year so far as reasonably practicable to reflect the amount by which the budget share of a school maintained by that local education authority would be adjusted were a child of that age to be admitted to that school;

    (4)   The local education authority shall make arrangements

      (a) to publish information on the value of the education credit for children of each year of statutory school age;

      (b) to pay to each independent school at which a child in receipt of an education credit is educated a sum equivalent to the value of that education credit not more than six months after the child has completed each term at the school.'.


Special educational needs

   

Mr Andrew Turner

NC2

To move the following Clause:—

    '(1)   'Subject to subsection (2) the Secretary of State shall make arrangements to refund the cost falling to local authorities and health authorities in providing for children with special educational needs or the special needs of children with autism spectrum disorder.

    (2)   The Secretary of State shall not be responsible for refunding costs falling on the local education authority.

    (3)   Part IV, Chapter I of the Education Act 1996 shall be amended as follows—

      (a) in section 312(4) leave out from "(a)" to "and" and insert—

          "(a) in relation to a child who has attained the age of two, health, social services educational provision which is additional to, or otherwise different from, such provision made generally for children of his age in schools (other than special schools) maintained by the local education authority, or at home, and";

      (b) in section 313(1) after "shall", insert "in consultation where appropriate with the Secretary of State for Health";

      (c) in section 322 leave out subsections (2), (3) and (4);

      (d) in section 322 after "question", insert—

            "( )   A local authority or a health authority shall assist the local education authority in undertaking any assessment, review or appeal under sections 323 to 336."

      (e) in section 325(5)(a)(ii) leave out "may" and insert "shall".

      (f) after section 332 insert—

            "332A.   Where a child is diagnosed suffering from autism spectrum disorder the local education authority and the Special Educational Needs Tribunal shall in assessing or reviewing his special needs have regard to the effect on his education of health and social services provision."

    (4)   In this section and sections 312 to 336 of the Education Act 1996 "health authority" means such National Health Service body as designated by the Secretary of State for Health.'.


Pre-school nurseries, etc.

   

Chris Grayling

NC3

To move the following Clause:—

       'Pre-school nurseries and other groups shall be free to modify any curriculum provision in the foundation stage unless subject to special measures.'.


Employment etc of teachers: religious issues
   

Mr Phil Willis
Mr David Laws

NC6

To move the following Clause:—

    '(1)   The School Standards and Framework Act 1998 (c. 59) is amended as follows.

    (2)   Section 58 (Appointment and dismissal of certain teachers at schools with a religious character) shall cease to have effect.

    (3)   Section 59 (Staff at community, secular foundation or voluntary, or special school) is amended by leaving out subsection (1) and inserting—

      "(1) This section applies to any maintained school."

    (4)   Section 60 (Staff at foundation or voluntary school with a religious character) shall cease to have effect'.


Parents' demand for additional schools or academies

   

Mr Graham Brady
Mrs Eleanor Laing
Mr Stephen O'Brien
Mr Andrew Turner
Chris Grayling

NC7

To move the follow Clause:—

    '(a)   Where the conditions in subsection (b) apply the prescribed person shall consider the establishment of a school of a description in section 66(2).

    (b)   The conditions are:

      (i) that an initial proposal, generally conforming to a form prescribed by regulations, for a new school has been published;

      (ii) that a number of parents of pupils likely to be eligible for admission to the school have indicated in writing their support for the initial proposal;

      (iii) that the initial proposal and the indications of support shall have been delivered to the prescribed person.

    (c)   The prescribed person is (in the case of an Academy) the Secretary of State and (in the case of a community, foundation or voluntary school) the local education autority.

    (d)   The Secretary of State shall by regulation, to be approved by positive vote of both Houses, set out the content of the form of initial proposal mentioned in subsection (b)(i) above, that content not to require the provision of information not generally available to members of the public.

    (e)   Where a initial proposal has been considered the prescribed person shall either give in writing his reasons for the rejection of the proposal (which must be from among those set out in subsection (f) below),or use his best endeavours to establish a new school or academy broadly conforming to the initial proposal.

    (f)   The reasons for rejection are:

      (i) that there are sufficient places available for pupils of the age and number mentioned in the initial proposal in schools within reasonable travelling time of the pupils' homes, such schools not being in special measures or having serious weaknesses, and

      (ii) that there are sufficient places available for pupils of the age and number mentioned in the initial proposal in schools of the character mentioned in the initial proposal within reasonable travelling time of the pupils' homes, such schools not being in special measures or having serious weaknesses, or

      (iii) that insufficient parents have indicated their support for the initial proposal to make a school of the size and character mentioned in the initial proposal reasonably viable, having regard to current patterns of expenditure on schools in the area, or

      (iv) such other reason as the Secretary of State may add by regulations to be approved by both Houses.

    (g)   The Secretary of State may issue guidance to assist in the development of initial proposals under this section.

    (h)   "Proposals" in this section does not have the meaning in section 66.'.


Modification of employment law

   

Mr Phil Willis
Mr David Laws

NC8

To move the following Clause:—

    '(1)   In section 81 of the School Standards and Framework Act 1998 as amended by schedule 21 to this Act there is added at the end of subsection (1) "or as he considers necessary to ensure that persons employed to work in schools to whom those provisions apply have the benefit of the rights conferred by school enactments as if the governing bodies of those schools were their employers.

    (2)   In Paragraph 3 of the Education (Modification of Enactments Relating to Employment) Order 1999 S.I. 1999/2256. There is added

      (a) after sub-paragraph (1)(e)

       "(f) in the case of the Transfer of Undertakings (Protection of Employment) Regulations 1981 references to a relevant transfer includes transfers from one governing body to another"

      (b) in the Schedule "Transfer of Undertakings (Protection of Employment) Regulations 1991.".'

 
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