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Education and Inspections Bill

With this it will be convenient to discuss the following: New clause 16—Ballot of parents on change of category from community school to foundation school—"‘(1) A proposal for a prescribed alteration involving a change of category from community school to foundation school may be implemented only if the proposal has been approved by a ballot of parents of pupils attending the school to which the proposal relates.""(2) The Secretary of State may make regulations about ballots under subsection (1).'." New clause 17—Ballot of parents before publication of proposals under section 7—"‘(1) The local education authority may publish a proposal under section 7 only if the proposal has been approved by a ballot of parents of pupils attending schools which, in the opinion of the local education authority, may be affected by the proposal.""(2) The Secretary of State may make regulations about ballots under subsection (1).""(3) Subsection (1) does not apply to a proposal under section 7(5)(b)(ii) for the establishment of a community or community special school.'." New clause 18—Duty to establish new school where current provision is inadequate—"‘Where—""the local authority must publish a notice under section 7 inviting proposals for a new foundation, voluntary or foundation special school.'." New clause 19—Duty to establish new school when supported in adequate numbers—"‘(1) Where a local education authority in England receive representations from parents of 100 or more qualifying children demanding the establishment of a new foundation, voluntary or foundation special school, the authority must publish a notice under section 7.""(2) In this section ““qualifying child””, in relation to a local education authority, means any child in the authority's area who is of or under compulsory school age.'." New clause 21—Establishment of community schools—"‘Where the Secretary of State is asked to grant consent for the proposal of a new community school under section 7 or 9, he shall act with a view to encouraging all schools to become foundation, voluntary or foundation special schools, and to acquire a foundation.'." New clause 22—Assistance for proposals for new schools—"‘(1) A local education authority in England shall provide advice and assistance to parents of children in the area of the authority in connection with developing a proposal for the establishment of a new school under sections 7 and 9.""(2) In particular, the authority shall provide support, which shall include dedicated consultancy support, to parents to ensure that any proposals brought forward are viable.""(3) In exercising its functions under this section, the authority shall act with a view to ensuring the development of viable proposals by parents.""(4) An authority may not refuse to assist a parent solely on the grounds that the original proposal is underdeveloped, unworkable or in practical respects substandard.'." New clause 23—Parental ballot etc. on change of category from foundation school to community school—"‘(1) If it appears to the Secretary of State that at least one-fifth of the parents of pupils attending a foundation (or foundation special) school are in favour of a change of the category of that school to community (or community special) school, the Secretary of State must designate such person or body as he considers appropriate (““the designated body””) to act for the purposes of this section.""(2) The Secretary of State may, if he sees fit, designate the governing body of the school or the local education authority as the designated body.""(3) The designated body must initiate a proposal for the change of category referred to in subsection (1).""(4) The Secretary of State may by regulations make such provision as he considers exepedient to amend, vary or supplement the provisions of this Part in relation to proposals under subsection (3).""(5) A proposal under subsection (3) may be implemented only if the proposal has been approved by a ballot of parents of pupils attending the school to which the proposal relates.""(6) The Secretary of State may make regulations about ballots under subsection (5).'." New clause 25—Duties of the schools commissioner—"‘(1) The Schools Commissioner shall establish and make publicly available a list of potential trustees whom he has approved as appropriate for the role in accordance with guidance from the Secretary of State.""(2) A local education authority shall not consider any proposals under sections 7, 9 or 10 or alterations under sections 17 or 20 made by organisations other than those approved and listed by the Schools Commissioner.""(3) School governing bodies shall not enter negotiations or foundation agreements with trustee partners who have not been approved by the Schools Commissioner.'." New clause 35—Role of the schools commissioner—"‘(1) The Schools Commissioner shall promote fair access, choice, and diversity for all maintained schools.""(2) The Schools Commissioner shall provide advice and assistance to governing bodies and local education authorities in respect of—""(3) The Schools Commissioner shall have responsibility for strategic oversight and monitoring of the admissions process in local authority areas, with particular regard to fair access and equitable admission policies for children with special educational needs.""(4) The Schools Commissioner shall monitor the collaboration and co-operation among new foundation schools.""(5) The Schools Commissioner shall report annually to both Houses of Parliament and, in particular, to the Education and Skills Committee of the House of Commons on his responsibilities and on his annual report.'." New clause 38—Secretary of State's consent for community and community special school proposals—"‘The Secretary of State shall consent to the publication of proposals under subsection 7(5)(b)(ii) or subsection 9(1) as the case may be unless he is satisfied that the proposal so to be published would not result in the improvement of the quality of education for pupils in the area concerned.'." New clause 44—School governing body to hold meeting of parents on change of category—"‘Where—""no decision to make the proposal shall be made without there having first been convened by the local authority or the governing body (as the case may be) a meeting at which the parents of pupils registered at the school concerned shall have been provided with the opportunity to discuss and make representations on a draft of the proposal.'." New clause 53—Duty to encourage schools to become self-governing and to acquire a trust—"‘(1) A person to whom this section applies shall ensure that their functions relating to maintained schools are (so far as they are capable of being exercised) exercised with a view to encouraging all maintained schools to become self-governing, and to acquire a foundation.""(2) In this section ““self-governing”” in relation to a maintained school means a foundation, voluntary aided or foundation special school, or an Academy.""(3) This section applies to—" New clause 56—Abolition of surplus places rule—"‘A local education authority in England may not reject a proposal for the establishment or alteration of a maintained school solely on the grounds that it would create surplus places at other schools in the area.'." New clause 57—Prohibition on the establishment of new community schools—"‘No new community or community special school may be established in England after the coming into force of this Act.'." New clause 58—Role of local authorities—"‘(1) A local authority in England may not publish its own proposal for the establishment of new community schools.""(2) In exercising its functions in relation to school organisation a local authority in England must act with a view to commissioning school places rather than providing them directly.'." New clause 61—Schools commissioner—"‘(1) There shall be a Schools Commissioner.""(2) The Schools Commissioner shall have a duty to encourage schools to become Trust schools.""(3) For the purposes of subsection (2), a Trust school is a foundation school with a foundation.'." New clause 62—Power of Secretary of State to require a school to become a foundation school—"‘(1) If the Secretary of State determines that education at a school is unsatisfactory, he may by order require the governing body of a school to acquire foundation status.""(2) Where the Secretary of State issues an order under subsection (1), the governing body of the school shall publish proposals in accordance with sections 18 to 20.'." New clause 64—Adoption of foundation status—"‘All existing maintained schools may apply to the Secretary of State to adopt foundation status, and the Secretary of State shall grant such foundation status unless there are overriding circumstances which make this impossible.'." New clause 48—Register of institutions approved to act as a foundation of a school—"‘(1) The Secretary of State shall establish and maintain a register of all institutions approved by him to act as or take part in the foundation of a foundation school.""(2) In considering whether to approve an institution under this section, the Secretary of State shall consider evidence that the institution is—""(3) An institution may not act as nor take any part in the foundation of a foundation school unless registered as approved by the Secretary of State under this section.""(4) Regulations under this section may make provision as to—" Amendment No. 88, in page 7, line 2 [Clause 7], at end insert— Government amendment No. 42 Amendment No. 15, in page 7, line 18 [Clause 7], leave out"‘with the consent of the Secretary of State,'." Amendment No. 101, in page 7 [Clause 7], leave out lines 18 to 20. Amendment No. 5, in page 7, line 28 [Clause 8], leave out subsection (1). Amendment No. 102, in page 7 [Clause 9], leave out line 39. Amendment No. 111, in page 8, line 6 [Clause 9], at end insert—"‘(2A) The Secretary of State shall not give consent for the establishment of a new community or community special school under subsection (1)(a) above unless—" Amendment No. 89, in page 9, line 28 [Clause 11], leave out ‘7, 9 or 10' and insert ‘9 and 10(1)'. Amendment No. 90, in page 9, line 31 [Clause 11], at end insert—"‘(1A) Proposals under section 7 or 10(2) for the establishment of a new school in England must relate to the establishment of the school as a federated school.'." Amendment No. 12, in page 12, line 30 [Clause 17], leave out ‘foundation or'. Amendment No. 13, in page 12, line 32 [Clause 17], leave out paragraph (d). Amendment No. 91, in page 12, line 39 [Clause 17], at end insert— Amendment No. 14, in page 13, line 17 [Clause 18], at end insert"‘, and" Amendment No. 105, in page 14, line 34 [Clause 20], after ‘school,', insert ‘with or'. Amendment No. 106, in page 14, line 37 [Clause 20], after ‘school,' , insert ‘with or'. Amendment No. 107, in page 15 [Clause 20], leave out lines 1 to 23. Amendment No. 108, in page 15 [Clause 21], leave out lines 25 to 41. Government amendment No. 43 Amendment No. 96, in page 21, line 39 [Clause 31], after ‘description,', insert— Government amendment Nos. 44 and 45. Amendment No. 9, in page 21, line 43 [Clause 31], leave out ‘20' and insert ‘50'. Amendment No. 10, in page 22, line 4 [Clause 31], leave out ‘20' and and insert ‘50'. Amendment No. 11, in page 22, line 7 [Clause 31], leave out ‘20' and and insert ‘50'. Government amendment No. 46 Amendment No. 92, in page 22, line 12 [Clause 31], after ‘foundation', insert"‘including its duties to act in a collaborative fashion with other maintained schools in the local authority area'." Government amendments Nos. 47, 70, 84 to 86 and 71 to 75. New clause 26—Requirements as to composition of governing bodies—"‘(1) The governing body of a maintained school, Academy, city technology college or city college for the technology of the arts may comprise—""(2) Foundation schools shall not appoint a majority of governors who are foundation governors and in no case shall governors who are foundation governors outnumber elected parent governors.'." Amendment No. 7, in page 2, line 14 [Clause 2], at end insert—"‘(3B) A local education authority may discharge its duty under subsection (3A)(a) in relation to secondary schools by encouraging a diversity of specialism among the community and voluntary schools which it maintains.'."