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back to previous amendments
| 54 | Insert the following new Clause— |
| | "Staff at foundation or voluntary schools with religious character |
| (1) | In section 58 of SSFA 1998 (appointment and dismissal of certain teachers at schools with a religious character), omit subsection (4) (which prevents the head teacher of a foundation or voluntary controlled school being a reserved teacher). |
| (2) | In section 60 of SSFA 1998 (staff at foundation or voluntary school with religious character)— |
| (a) | in subsection (4), after "(whether foundation or voluntary controlled)" insert "in a case where the head teacher is not to be a reserved teacher", and |
| (b) | in subsection (6), after "voluntary aided school" insert "in Wales"." |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 55 | Page 28, line 9, after "school" insert— |
| "(a) | have a duty to promote the improvement of the well-being of pupils at the school; and |
| 56 | Page 28, line 13, at end insert— |
| "( ) | In this section "well-being", in relation to pupils at a school, is a reference to their well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004." |
| | THE BARONESS MASSEY OF DARWEN
THE BARONESS WALMSLEY
THE EARL OF LISTOWEL
THE BARONESS PITKEATHLEY |
| 57 | Insert the following new Clause— |
| | "Duty of governing body with respect to young carers |
| (1) | A child or young person is a "young carer" for the purposes of this section if he carries out caring tasks and assumes a level of responsibility for another person which would normally be carried out by an adult. |
| (2) | Governing bodies of schools maintained by local authorities, Academies, city technology colleges and independent schools must— |
| (a) | endeavour to identify any pupil who is a young carer of one or both parents or guardians or for a sibling; |
| (b) | promote the educational welfare of young carers; and |
| (c) | ensure that any pupil who is a young carer is supported by a designated teacher or member of staff who is responsible for promoting and co-ordinating such support. |
| (3) | Where the Chief Inspector carries out an inspection of a maintained school, he shall inspect the performance by it of its functions under this section." |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 58 | Page 29, line 35, at end insert "including the need for all names to be removed from admission applications when they are considered by schools and admissions forums," |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 59 | Insert the following new Clause— |
| | "Independent review of admission arrangements |
| (1) | The Secretary of State shall, within three years of the passing of this Act, appoint an independent body to review the arrangements in England relating to the admission of secondary school pupils and to make appropriate recommendations. |
| (2) | The body shall be known as the Independent Review of Arrangements for Admission to Secondary Education in England, and for the purposes of this section shall be known as the "Independent Review Body". |
| (3) | The Independent Review Body's remit shall include the workings of admission arrangements under Part 3 of SSFA 1998 (as amended by sections 38 to 53 of this Act) and the arrangements under section 38(1) to (3) of this Act, and in particular it shall consider the degree to which admission arrangements are helping, or otherwise, to promote social integration, diversity and community cohesion. |
| (4) | The Independent Review Body shall invite representations and evidence from— |
| (a) | teacher associations; |
| (c) | parents and governors; |
| (d) | pupils in secondary schools; |
| (f) | such other persons as it considers appropriate. |
| (5) | The Secretary of State shall provide the Independent Review Body with sufficient resources to enable it to commission research into the workings of the new admission arrangements and their impact on community and social cohesion. |
| (6) | The Independent Review Body shall report to the Secretary of State within two years of being appointed and the Secretary of State shall lay the report before Parliament within six months of receipt together with proposals detailing how he intends to implement its recommendations." |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 60 | Page 30, line 23, leave out from beginning to "prepare" in line 24 and insert "A local education authority in England, in consultation with the admission forum for that local education authority area, must" |
| 60A* | Page 30, line 24, leave out "may" and insert "shall" |
| 60B* | Page 30, line 26, at end insert "and these shall include a report on the numbers of disabled pupils and those with special educational needs admitted to each school in the area" |
| 61 | Page 30, line 28, leave out "an admission forum" and insert "a local education authority" |
| 62 | Page 30, line 29, leave out "forum" and insert "authority" |
| 63 | Page 30, line 30, leave out "forum" and insert "authority" |
| 64 | Page 30, leave out line 31 |
| 65 | Page 30, line 32, after "any" insert "other" |
| 66 | Page 30, line 33, leave out "mentioned in paragraph (a)" |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD
THE LORD DEARING |
| 67 | Page 30, line 34, leave out from second "the" to end of line 35 and insert "authority's area" |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 68 | Page 30, line 36, leave out "to (c)" and insert "and (b)" |
| 69 | Page 30, line 37, leave out "an admission forum" and insert "a local education authority" |
| 70 | Page 30, line 38, at end insert— |
| "(1D) | An admissions forum shall in the exercise of its functions have particular regard to the actual and potential contribution of schools in areas of economic and social disadvantage to the well being of communities in those areas."" |
| | THE LORD LUCAS
THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 71 | Insert the following new Clause— |
| | "Admissions by unconditional ballot |
| (1) | A local education authority may give notice to the admissions authorities for all free schools in its area ("relevant schools") requiring them to participate in arrangements under subsection (2) for the admission of pupils by unconditional ballot. |
| (2) | For the school year beginning in the September following the second anniversary of the date of the notice, each admissions authority that is subject to such a notice shall (subject to subsection (3)) make arrangements to make places equivalent to at least five per cent of the admissions number at each relevant school for which they are the admissions authority available by way of an unconditional ballot. |
| (3) | An admissions authority for a school where places are allocated otherwise than principally by reference only to the location of a pupil's home may satisfy the requirements of subsection (2) by arranging to make available at least five per cent of the school's admissions number by reference only to the location of a pupil's home. |
| (4) | A local education authority may by a similar notice given not less than four years after the giving of any previous notice raise the minimum proportion of places to be made available in accordance with subsection (2) by a further five per cent, up to a maximum of 25 per cent. |
| (a) | a free school is any school that does not charge a fee for admitting pupils, and |
| (b) | an unconditional ballot is one which is open to any pupil, without any requirements having to be satisfied, who has not otherwise applied for a place at the school." |
| 72 | Insert the following new Clause— |
| | "Guaranteed school places |
| (1) | A local education authority or the Mayor of London ("an Authority") may elect to offer guaranteed school places to all children within their area at the normal age of admission. |
| (2) | An Authority which has made such an election ("a Guarantor") may require the admissions authorities for any free schools in their area to make available to the Authority (or to another Guarantor) a prescribed number of places ("Guaranteed Places") for admission in any school year commencing after the second anniversary of the election. |
| (3) | A Guarantor may allocate a Guaranteed Place to any child of the appropriate age in its area, but in doing so shall take into account the admissions criteria of each relevant school. |
| (4) | Where a relevant school admits pupils by reason of academic or religious criteria— |
| (a) | a Guarantor shall allocate a Guaranteed Place at the school only in combination with a Guaranteed Place at a school which is not academically or religiously selective; |
| (b) | if more children holding such combined guarantees and meeting the school's criteria express a preference for the school than there are Guaranteed Places available, the school shall choose between them on the basis of its published criteria. |
| (5) | Where the number of Guaranteed Places taken up at a relevant school is such that it has in consequence to reduce the number of places allocated by unconditional ballot, the school, its admissions authority and the Guarantor shall use their best endeavours to ensure that either— |
| (a) | additional places are provided at the school, or |
| (b) | the number of Guaranteed Places allocated to that school are decreased within the subsequent five years. |
| (6) | In this section a free school is any school that does not charge a fee for admitting pupils." |
| 73 | Insert the following new Clause— |
| (1) | The Secretary of State may by order make such provision and set aside such requirements in any legislation as is required to enable not more than three local education authorities to pilot schemes for balloted admissions, guaranteed places or other innovations intended to improve the procedure for school admissions in their areas. |
| (2) | Any such provision or setting aside shall cease to have effect not later than ten years after the coming into effect of this section." |
| 74 | Page 34, leave out lines 46 to 48 and insert— |
| "(1) | Where in accordance with section 90(8) the admission authority for a maintained school in England have revised any provisions of admission arrangements for a school year, this section applies except to the extent that the adjudicator or the Secretary of State determined under section 90(5B)(bb), in relation to any change required, that this section was not to apply." |
| 75 | Page 35, line 4, at end insert— |
| | ""the required number" means such number as may be prescribed or such lesser number as is specified by the adjudicator or the Secretary of State under section 90(5B)(bb) in relation to a particular change." |
| 76 | Page 35, line 7, leave out "a prescribed" and insert "the required" |
| 77 | Page 35, line 45, after "otherwise" insert— |
| "(bb) | if, in relation to a maintained school in England, he considers that any change required ought not to be protected under section 90A for the number of school years prescribed under section 90A(2), that section 90A is not to apply to that change or that the change will be protected only for such lesser number of school years as he may specify," |
| 78 | Page 36, line 1, leave out "and (b)" and insert ", (b) and (bb)" |
| 79 | Insert the following new Clause— |
| | "Right of sixth-form pupils to be excused from attendance at religious worship |
| (1) | Section 71 of SSFA 1998 (which, in relation to religious education and attendance at religious worship, makes provision for exceptions and special arrangements, and for special schools) is amended as follows. |
| (2) | For subsection (1) substitute— |
| 11 | "(1) If the parent of a pupil at a community, foundation or voluntary school requests that he may be wholly or partly excused from receiving religious education given at the school in accordance with the school's basic curriculum, the pupil shall be so excused until the request is withdrawn. |
| 13 | (1A) If the parent of any pupil at a community, foundation or voluntary school other than a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at the school, the pupil shall be so excused until the request is withdrawn. |
| 16 | (1B) If a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at a community, foundation or voluntary school, the pupil shall be so excused." |
| (3) | In subsection (2), for "subsection (1)" substitute "subsections (1) to (1B)". |
| 20 | (4) In subsection (3), after "subsection (1)" insert "or (1A)". |
| 21 | (5) In subsection (5), after "voluntary school" insert "and is not a sixth-form pupil". |
| (6) | After subsection (5) insert— |
| 24 | "(5A) Where a sixth-form pupil who is a boarder at a community, foundation or voluntary school requests that he be permitted— |
| (a) | to receive religious education in accordance with the tenets of a particular religion or religious denomination outside school hours, or |
| (b) | to attend worship in accordance with such tenets on Sundays or other days exclusively set apart for religious observance by the religious body to which the pupil belongs, |
| | the governing body shall make arrangements for giving the pupil reasonable opportunities for doing so." |
| (7) | In subsection (6), after "subsection (5)" insert "or (5A)". |
| (8) | For subsection (7) substitute— |
| "(7) | Regulations shall make provision for ensuring that, so far as practicable, every pupil attending a community or foundation special school— |
| 40 | (a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of his parent, and |
| (b) | attends religious worship unless withdrawn from attendance at such worship— |
| 45 | (i) in the case of sixth-form pupil, in accordance with his own wishes, and
(ii) in any other case, in accordance with the wishes of his parent." |
| (9) | After subsection (7) insert— |
| 50 | "(8) In this section "sixth-form pupil" means any pupil who— |
| (a) | has ceased to be of compulsory school age, and |
| (b) | is receiving education suitable to the requirements of pupils over compulsory school age."" |
| | THE BARONESS TURNER OF CAMDEN
THE LORD AVEBURY
THE LORD TAVERNE
[Amendments 79A to 79K are amendments to amendment 79] |
| 79A | Line 11, at end insert— |
| "(1ZA) | If a competent pupil requests that he may be wholly or partly excused from receiving religious education given at the school in accordance with the school's basic curriculum, the pupil shall be so excused until the request is withdrawn." |
| 79B | Line 13, leave out "sixth-form" and insert "competent" |
| 79C | Line 16, leave out "sixth-form" and insert "competent" |
| 79D | Line 20, leave out ""or (1A)"" and insert ""to (1B)"" |
| 79E | Line 20, at end insert— |
| "( ) | In subsection (3)(a), at the beginning insert "that a competent pupil desires to receive religious education of a kind which is not provided in the school during the periods of time during which he is so excused, or in the case of a pupil who is not a competent pupil"." |
| 79F | Line 21, leave out "sixth-form" and insert "competent" |
| 79G | Line 24, leave out "sixth-form" and insert "competent" |
| 79H | Line 40, leave out "in accordance with the wishes of his parent" and insert— |
| "(i) | in the case of a competent pupil, in accordance with his own wishes, and |
| (ii) | in any other case, in accordance with the wishes of his parent, and" |
| 79I | Line 45, leave out "sixth-form" and insert "competent" |
| 79J | Line 50, leave out "sixth-form" and insert "competent" |
| 79K | Line 50, leave out "who" and insert "with sufficient maturity, understanding and intelligence to make an informed decision about whether or not to withdraw from religious education or religious worship, or who has entered the sixth form or who has attained the age of 16 and" |
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