Education and Inspections Bill

Education and Inspections Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Education and Skills, are published separately as Bill 134—EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary Ruth Kelly has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Education and Inspections Bill are compatible with the Convention rights. Bill 134 54/1 Education and Inspections Bill CONTENTS PART 1 EDUCATION FUNCTIONS OF LOCAL AUTHORITIES 1 Duties in relation to high standards and the fulfilment of potential 2 Duties in relation to diversity and choice 3 Duty to consider parental representations 4 Duty to identify children not receiving education 5 School improvement partners 6 Functions in respect of recreation etc PART 2 ESTABLISHMENT, DISCONTINUANCE OR ALTERATION OF SCHOOLS Establishment of new schools 7 Invitation for proposals for establishment of new schools 8 Consultation and publicity in relation to notice and proposals under section 7 9 Publication of proposals with consent of Secretary of State 10 Publication of proposals to establish maintained schools: special cases 11 Establishment of school as federated school 12 Schools established outside area of relevant LEA 13 LEA in England not to establish school in Wales Discontinuance of schools 14 Proposals for discontinuance of schools maintained by local education authority 15 Consultation in relation to proposals under section 14 16 Direction requiring discontinuance of community or foundation special school Alterations to schools 17 Alterations that may be made under section 18 18 Publication of proposals for alteration of school 19 Proposals under section 18: procedure Bill 134 54/1 ii Education and Inspections Bill 20 Right of governing body to determine own foundation proposals 21 Rights of interested bodies in relation to proposals under section 19 22 Proposals under section 18: implementation Removal of foundation or reduction in foundation governors 23 Proposals for removal of foundation or reduction in foundation governors 24 Proposals under section 23: procedure 25 Proposals under section 23: implementation General 26 Restriction on establishment, alteration or discontinuance of schools 27 Abolition of school organisation committees 28 Amendments relating to school organisation 29 Transitional provisions 30 Interpretation of Part PART 3 FURTHER PROVISIONS ABOUT MAINTAINED SCHOOLS Foundation, voluntary and foundation special schools 31 Requirements as to foundations 32 Parent councils for certain foundation or foundation special schools 33 Funding of voluntary aided schools: meaning of “capital expenditure” 34 Disposals and changes of use of land General duties of governing body 35 General duties of governing body of maintained school School admissions 36 General restriction on selection by ability 37 Code for school admissions 38 Role of admission forums 39 Support for parental preferences 40 Prohibition on interviews 41 Restrictions on alteration of admission arrangements 42 Objections to admission arrangements 43 Pupil banding Miscellaneous 44 School funding 45 Removal of requirement to issue code of practice as to relationships between LEAs and maintained schools in England etc Education and Inspections Bill iii PART 4 SCHOOLS CAUSING CONCERN: ENGLAND Introduction 46 Meaning of “maintained school” and “eligible for intervention” Schools that are eligible for intervention 47 Warning notice by local education authority 48 Schools requiring significant improvement 49 School requiring special measures Intervention by local education authority 50 Power of LEA to require governing body to enter into arrangements 51 Power of LEA etc. to appoint additional governors 52 Power of LEA to provide for governing body to consist of interim executive members 53 Power of LEA to suspend right to delegated budget Intervention by Secretary of State 54 Power of Secretary of State to appoint additional governors 55 Power of Secretary of State to direct closure of school 56 Power of Secretary of State to provide for governing body to consist of interim executive members Governing bodies consisting of interim executive members: further provisions 57 Governing bodies consisting of interim executive members Amendments relating to schools causing concern 58 Amendments relating to schools causing concern Supplementary 59 Duty of LEA to have regard to guidance 60 Interpretation of Part PART 5 CURRICULUM AND ENTITLEMENTS 61 Curriculum requirements for the fourth key stage 62 Education and training to satisfy entitlements iv Education and Inspections Bill PART 6 SCHOOL TRAVEL AND SCHOOL FOOD Travel to schools etc 63 LEAs in England: duty to promote sustainable modes of travel etc 64 LEAs in England: provision of travel arrangements etc for children 65 LEAs in England: school travel schemes 66 Piloting of school travel scheme provisions 67 Power to repeal school travel scheme provisions etc 68 LEAs in England: provision of transport etc for certain adult learners 69 Amendment of section 444 of EA 1996 70 Learning and Skills Council for England: transport etc for persons of sixth form age 71 LEAs in England: duty to have regard to religion or belief in exercise of travel functions 72 Further amendments relating to travel to schools etc Food and drink provided on school premises etc 73 Provision of food and drink on school premises etc 74 Power to charge for provision of meals etc PART 7 DISCIPLINE, BEHAVIOUR AND EXCLUSION CHAPTER 1 SCHOOL DISCIPLINE Certain schools required to have behaviour policy 75 Responsibility of governing body for discipline 76 Determination by head teacher of behaviour policy Enforcement of discipline (including compliance with instructions) 77 Meaning of “disciplinary penalty” 78 Enforcement of disciplinary penalties: general 79 Enforcement of disciplinary penalties: detention outside normal school hours 80 Power of members of staff to use force 81 Defence where confiscation lawful Interpretation of Chapter 1 82 Interpretation of Chapter 1 Repeals 83 Repeals consequential on provisions of Chapter 1 Education and Inspections Bill v CHAPTER 2 PARENTAL RESPONSIBILITIES AND EXCLUDED PUPILS Parenting contracts and parenting orders 84 Parenting contracts 85 Parenting orders in case of exclusion or misbehaviour 86 Parenting contracts and parenting orders: further provisions Excluded pupils 87 Duty of governing body or proprietor where pupil excluded for fixed period 88 Duty of local education authority in relation to excluded pupils 89 Reintegration interviews 90 Duty of parent in relation to excluded pupil 91 Notice to parent relating to excluded pupil 92 Penalty notice in respect of presence of excluded pupil in public place 93 Penalty notices: supplemental 94 Removal of excluded pupils to designated premises School attendance 95 Failure by excluded pupil to attend educational provision on school site 96 Sums received under section 444A of Education Act 1996 Interpretation of Chapter 2 97 Meaning of “maintained school” and “relevant school” in Chapter 2 PART 8 INSPECTIONS CHAPTER 1 THE OFFICE AND THE CHIEF INSPECTOR The Office 98 The Office for Standards in Education, Children’s Services and Skills The Chief Inspector and other inspectors 99 Her Majesty’s Chief Inspector of Education, Children’s Services and Skills 100 Her Majesty’s Inspectors of Education, Children’s Services and Skills 101 Further provision about Chief Inspector and other inspectors etc. Functions: the Office 102 Functions of the Office 103 Performance of Office’s functions vi Education and Inspections Bill Functions: the Chief Inspector 104 Functions of the Chief Inspector 105 Performance of Chief Inspector’s functions The Children’s Rights Director 106 Children’s Rights Director Annual reports etc. 107 Annual and other reports to Secretary of State CHAPTER 2 GENERAL TRANSFER OF FUNCTIONS 108 General transfer of functions to the Chief Inspector CHAPTER 3 INSPECTION OF FURTHER EDUCATION AND TRAINING ETC. Education and training to which this Chapter applies 109 Education and training to which this Chapter applies Inspection 110 Inspection of education and training to which this Chapter applies 111 Inspection of further education institutions 112 Other inspections 113 Action plans 114 Area inspections 115 Reports of area inspections 116 Action plans following area inspections Powers of entry etc. 117 Power of entry 118 Power to inspect documents, etc. Other provisions 119 Framework for inspections 120 Abolition of Adult Learning Inspectorate CHAPTER 4 INSPECTION AND REVIEW OF LOCAL AUTHORITIES IN ENGLAND Functions to which this Chapter applies 121 Functions to which this Chapter applies and related activities Education and Inspections Bill vii Inspections and annual reviews 122 Inspection of local authorities in England 123 Reports of inspections under section 122 124 Annual reviews of local authorities in England Powers of entry etc. 125 Power of entry 126 Power to inspect documents, etc. Supplementary 127 Power to require information etc. 128 Interpretation etc. CHAPTER 5 INSPECTION OF CAFCASS FUNCTIONS 129 Inspection of CAFCASS functions 130 Power of entry 131 Power to inspect documents, etc. CHAPTER 6 FURTHER PROVISIONS RELATING TO FUNCTIONS OF CHIEF INSPECTOR Functions 132 Inspection of secure training centres 133 Inspection of premises in connection with adoption and fostering functions 134 Transfer of certain CSCI functions to the Chief Inspector 135 Interaction with other authorities General provisions

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