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Education and Inspections Bill

With this it will be convenient to discuss the following: New clause 10—Home-school contracts—"‘(1) Section 111 of SSFA 1998 is amended as follows.""(2) Omit subsections (4)(b), (4)(c) and (5)""(3) After subsection (4) insert—""““(4A) A governing body of a school to which section 110(1) applies or the local education authority where it is the admission authority for such a school may make it a condition of being admitted to the school that the parental declaration is signed in respect of the child.””""(4) In the heading of sections 110 (home-school agreements) and 111 (supplementary provisions about home-school agreements) for ““agreements”” substitute ““contracts””.'." New clause 11—Home-school contracts (no. 2)—"‘(1) SSFA 1998 is amended as follows.""(2) After section 111 insert—""““Home-school contracts""(1) The governing body of a school which is—""may adopt a home-school contract for the school, together with a parental declaration to be used in connection with the contract.""(2) For the purposes of this section and section 111 a ‘home-school contract' is a statement specifying—""and ‘parental declaration' means a document to be used by qualifying parents for recording that they take note of the school's aims and values and its responsibilities and that they acknowledge and accept the parental responsibilities and the school's expectations of its pupils.""(3) The governing body shall take reasonable steps to secure that the parental declaration is signed by every qualifying parent.""(4) An admissions authority may make it a condition of a child being admitted to the school that the parental declaration is signed in respect of the child.""(5) An admissions authority may not—""(6) Subsections (3) and (4) do not require the governing body to seek the signature of a qualifying parent if, having regard to any special circumstances relating to the parent or the pupil in question, they consider that it would be inappropriate to do so.""(7) Where the governing body considers that a registered pupil at the school has a sufficient understanding of the home-school contract as it relates to him, they may invite the pupil to sign the parental declaration as an indication that he acknowledges and accepts the school's expectations of its pupils.""(8) The governing body shall discharge its duty under subsection (3)—""(9) The governing body shall from time to time review the home-school contract.""(10) Where the home-school contract is revised by the governing body following such a review, subsections (3) to (8) shall, in the case of pupils admitted to the school after the revision takes effect, accordingly apply in relation to the revised contract.""(11) Before adopting the home-school contract or parental declaration, or revising that contract, the governing body shall consult—""(12) In this section—""(13) Section 110 does not apply to a governing body that decides to have a home-school contract.""(1) In discharging any function under section 111A the governing body of a school shall have regard to any guidance given from time to time by the Secretary of State.""(2) If the Secretary of State by order so provides, the governing body of a school to which subsection (1) of that section applies shall ensure that any form of words—""is not used in a home-school contract or (as they case may be) in a parental declaration.""(3) An order under subsection (2) may apply—""(4) A home-school contract shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.””.'." New clause 72—Burden of proof in cases of confiscation—"‘(1) In any proceedings brought against a person in respect of his seizure or retention of an item in circumstances to which section 86 applies it shall be presumed that such seizure or retention was lawful unless the contrary is shown.""(2) In any proceedings brought against a person in respect of his disposal of an item in circumstances to which section 86 applies it shall be presumed that the disposal of the item was lawful if the item could not reasonably be restored to its lawful owner or, if a pupil, to that pupil's parent or guardian without thereby facilitating the commission of an offence or of creating the possibility that further disciplinary action might need to be taken in relation to the pupil.'." Government amendment No. 58 Amendment No. 100, in page 64, line 36 [Clause 81], after ‘measures', insert"‘to ensure zero tolerance of disciplinary and behavioural problems'." Government amendments Nos. 59 to 65, 68 and 78