Session 2010-11
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Academies Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 1

BARONESS MORGAN OF DREFELIN

Page 1, line 3, leave out “Academy” and insert “Direct Maintained School”

Page 1, line 5, leave out “Academy” and insert “Direct Maintained School”

Page 1, line 6, leave out “Academy” and insert “Direct Maintained School”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

Page 1, line 6, leave out “or” and insert “and”

BARONESS MORGAN OF DREFELIN

Page 1, line 7, leave out “Academy” and insert “Direct Maintained School”

Page 1, line 8, leave out “Academy” and insert “Direct Maintained School”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

Page 1, line 10, leave out “and” and insert “or”

BARONESS MORGAN OF DREFELIN

Page 1, line 15, at end insert—

“(4A) Academy financial assistance proposed to be given by the Secretary of State under section 14 of EA 2002 shall be set out in regulations made by statutory instrument.

(4B) Regulations under subsection (4A) shall be subject to affirmative resolution of both Houses of Parliament.”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

Page 1, line 15, at end insert—

“( ) In considering payments to be made under subsections (3) and (4), the Secretary of State shall be advised by the National Audit Office on whether the level of payments proposed by the Secretary of State are reasonable in respect of the educational provision at each Academy, and the funding of similar maintained schools taking account of the services provided by, and the statutory requirements on, the local authority, and the Secretary of State shall publish such advice.”

LORD NORTHBOURNE

Page 1, line 20, after “pupils” insert “or prospective pupils”

Page 1, line 20, at end insert “whether or not such pupils or prospective pupils have been statemented”

Page 1, line 21, at end insert—

“( ) that at no time the governance of the Academy will be controlled by a majority of persons who are parents of pupils at the Academy”

Page 1, line 21, at end insert—

“( ) to ensure that the management team of the school share best practice with, and provide support and guidance to, underachieving schools within the same local authority area as the school, in a manner stipulated by the Secretary of State in the Academy agreement”

BARONESS MORGAN OF DREFELIN

Page 1, line 22, at end insert—

“( ) the school complies with the provisions of the Code for School Admissions issued from time to time by the Secretary of State.”

Page 2, line 2, at end insert—

“( ) the school is a failing school;”

Page 2, line 2, at end insert—

“( ) the school has a sponsor;”

LORD NORTHBOURNE

Page 2, line 5, at end insert “but subject area” and “subject areas” need not necessarily relate to academic subjects or to academic subjects only”

Page 2, line 6, after “different” insert “academic”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

Page 2, line 8, at end insert—

“( ) the school complies with the Code for School Admissions in the same manner in which a maintained school has to comply with the Code”

Page 2, line 8, at end insert—

“( ) if the school provides nursery or primary education, its curriculum for children under five years old is the Early Years Foundation State”

Page 2, line 8, at end insert—

“( ) if the school provides nursery or primary education, it is registered on the Early Years Foundation State”

Page 2, line 8, at end insert—

“( ) if the school has a Sure Start Children’s Centre, it continues to provide integrated Children’s Centre services”

BARONESS MORGAN OF DREFELIN

Page 2, line 8, at end insert—

“( ) the school is not a special school”

Page 2, line 8, at end insert—

“( ) the school provides for the continuous professional development of all of its staff”

Page 2, line 8, at end insert—

“( ) the school does not use corporal punishment”

LORD NORTHBOURNE

Page 2, line 8, at end insert—

“( ) Academy arrangements may specify specific areas of special needs in which the Academy may provide targeted and holistic support to pupils or prospective pupils including provision for boarding education.”

BARONESS MORGAN OF DREFELIN

Page 2, line 9, leave out “Academy” and insert “Direct Maintained School”

Page 2, line 12, leave out “(subject to any exceptions specified in the terms)”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

Page 2, line 13, at end insert “, or

( ) the entitlement to nursery education.”

BARONESS MORGAN OF DREFELIN

Page 2, line 13, at end insert—

“(c) musical instrument tuition”

LORD NORTHBOURNE

Page 2, line 13, at end insert—

“( ) Exceptions under subsection (7)(b) may include provision for the special needs of a pupil or for a particular group or category of pupils or prospective pupils at the school.”

Page 2, line 13, at end insert—

“( ) Academy arrangements must include terms imposed for the purpose of securing that—

(a) every pupil in the Academy has the benefit of age appropriate Personal, Social and Health Education; and

(b) that every pupil over the age of 14 has the benefit of age appropriate education about relationships including sex and sexual relationships and also with special emphasis on the needs of young children and the responsibilities and challenges of parenthood.”

Page 2, line 13, at end insert—

“( ) An Academy or group of Academies may provide facilities to draw the attention of disadvantaged families to the possibility of entering their child for a place in an Academy and, if they are satisfied that the child would benefit by attending the Academy, encourage and help such families to apply for a place for their child.”

BARONESS MORGAN OF DREFELIN

Page 2, line 13, at end insert—

“An academy must operate in partnership with its local authority, and the maintained schools in that local authority area, on arrangements for the permanent exclusion of pupils.”

Page 2, line 13, at end insert—

“( ) Academy arrangements must include that the school is subject to arrangements for the permanent exclusion of pupils, including the right to appeal, that apply also in maintained schools.”

Page 2, line 14, leave out “Academy” and insert “Direct Maintained School”

BARONESS HOWE OF IDLICOTE

Page 2, line 15, at end insert—

“(9) The governing body of an Academy will comprise at least 25% people elected from among the parents of pupils at the school.”

Clause 2

BARONESS MORGAN OF DREFELIN

Page 2, line 17, leave out “Academy” and insert “Direct Maintained School”

Page 2, line 19, leave out “Academy” and insert “Direct Maintained School”

Page 2, line 22, leave out “7” and insert “5”

Page 2, line 23, leave out “7” and insert “5”

Page 2, line 25, leave out “Academy” and insert “Direct Maintained School”

Page 2, line 29, leave out “Academy” and insert “Direct Maintained School”

Clause 3

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

Page 2, line 37, at beginning insert “Subject to section 5(9),”

BARONESS MORGAN OF DREFELIN

Page 2, line 37, after “England” insert “that is not a special school”

Page 2, line 38, at end insert—

“(1A) Before making an application under this section, the school must consult—

(a) the children of the school;

(b) the parents of children at the school;

(c) the staff of the school;

(d) any trade unions which represent staff of the school;

(e) the local authority that presently maintains the school;

(f) any local authority which sends a signficant proportion of children to the school;

(g) in the case of a secondary school any primary school which sends a significant proportion of children to the school; and

(h) any other person it appears appropriate to the school to consult.

(1B) In its consultation under subsection (1A) the school must send out the following documents—

(a) the proposed agreement or undertakings between the school, or person acting on behalf of the school, and the Secretary of State which sets out all the terms by which the school will be established and maintained;

(b) information about any new proposed sponsor or person who it is intended will enter into the agreement with the Secretary of State or who will provide the undertakings to the Secretary of State and who will establish and maintain the school;

(c) guidance on the critera that the school and the Secretary of State should take into account before entering into the proposed Academy arrangements; and

(d) any other documents that the school consider it appropriate to send out particularly with a view to providing the consultees with the case for and the case against the proposed Academy arrangements.

(1C) The consultation period under subsection (1A) must provide the consultees with at least six school weeks to submit their responses to the school.”

BARONESS HOWE OF IDLICOTE

Page 2, line 38, at end insert—

“(1A) Before making an application under this section, the school must consult—

(a) the parents of children of the school;

(b) the children and young people of the school;

(c) the staff of the school;

(d) any trade unions which represent staff of the school;

(e) the local authority that presently maintains the school;

(f) any local authority which sends a signficant proportion of children to the school; and

(g) the governing bodies of other schools in the area which might reasonably be considered to be affected by the making of an Academy order.

(1B) In its consultation under subsection (1A) the school must send out the following documents—

(a) the proposed agreement or undertakings between the school, or person acting on behalf of the school, and the Secretary of State which sets out all the terms by which the school will be established and maintained;

(b) information about any new proposed sponsor or person who it is intended will enter into the agreement with the Secretary of State or who will provide the undertakings to the Secretary of State and who will establish and maintain the school;

(c) guidance on the critera that the school and the Secretary of State should take into account before entering into the proposed Academy arrangements; and

(d) any other documents that the school consider it appropriate to send out particularly with a view to providing the consultees with the case for and the case against the proposed Academy arrangements.

(1C) The consultation period under subsection (1A) must provide the consultees with at least four school weeks to submit their responses to the school.”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

Page 3, line 7, at end insert—

“( ) The governing body may withdraw the application without giving reason at any time up to one week before the conversion date specified under section 5.”

BARONESS MORGAN OF DREFELIN

Page 3, line 10, after “England” insert “that is not a special school”

Clause 4

BARONESS MORGAN OF DREFELIN

Page 3, line 14, at end insert—

“( ) The Secretary of State may not make an Academy order in respect of a maintained school in England providing secondary education (“the applicant school”) if 10% or more of maintained schools providing secondary education in the local authority area where the applicant school is situated already have Academy status.”

Page 3, line 14, at end insert—

“( ) The Secretary of State shall publish the criteria that he will take into account when deciding whether to enter into an Academy arrangement with the other party and that he will take into account before making an Academy order. Such criteria shall include matters relating to the demographic and planning needs of the area of the school; compliance with equalities legislation; and proper controls over public expenditure”

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

Page 3, line 28, at end insert—

“( ) The Secretary of State shall publish a list of criteria by which he will judge an application under section 3 which must include the grounds for approving an application by a maintained school which is subject to, or likely to be subject to, a local authority notice to cease to maintain a school under section 30 of SSYA 1998 and sections 15 to 17 of EIA 2006.”

Page 3, line 28, at end insert—

“( ) The Secretary of State shall publish a list of criteria by which he will judge an application under section 3 which must include the grounds for approving an application by a maintained school which is subject to, or likely to be subject to, a local authority notice to cease to maintain a school under section 30 of SSYA 1998 and sections 15 to 17 of EIA 2006.”

BARONESS MORGAN OF DREFELIN

Page 3, line 29, leave out subsection (6)

Page 3, line 32, at end insert—

“(6A) The power of the Secretary of State to make an Academy order must be exercised by statutory instrument.”

(6B) Subject to subsection (6C), Academy orders shall be subject to annulment in pursuance of a resolution of either House of Parlliamet.

(6C) The first two Academy orders made in respect of schools within the area of each local authority shall be subect to affirmative resolution of both Houses of Parliament.”

Clause 5

BARONESS MORGAN OF DREFELIN

Page 3, line 40, leave out subsection (3) and (4)

LORD NORTHBOURNE

Page 4, line 2, after “by” insert “academic”

After Clause 5

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

Insert the following new Clause—

“SEN arrangements

Arrangements for special educational needs provision in an Academy under Part 4 of the Education Act 1996 remain those that were applicable as if the Academy order had not been made.”

Insert the following new Clause—

“Transport Aarrangements

Arrangements for school transport provision in an Academy under Part 9 of the Education Act 1996 remain those that were applicable as if the Academy order had not been made.”

Clause 6

BARONESS MORGAN OF DREFELIN

Page 4, line 30, after “surplus” insert “or deficit”

Page 4, line 31, at end insert “or deficit”

Page 4, line 32, leave out subsection (3) and insert—

“( ) The local authority must deduct the surplus from the budget share of the school and redistribute that amount within the delegated funding for the schools of the local authority.”

Page 4, line 33, after “Academy” insert “and the proprietor of the Academy must repay any amount of deficit determined under subsection 2(b) to the local authority.”

Page 4, line 35, leave out “and payment”

Page 4, line 37, leave out subsection (5)

Page 5, line 10, leave out paragraph (b) and insert—

“( ) the amount of the surplus payable to the proprietor of the Academy in accordance with subsection (3) shall be limited to no more than 5% of the current budget share for secondary schools, or 8% of the current budget share for primary and secondary schools, or £10,000 where that is greater than either percentage threshold plus additionally any amount which the governing body of the school has declared to be assigned for specific purposes permitted by the authority and which the authority is satisfied is properly assigned;

( ) any additional surplus held immediately before the conversion date shall be retained by the authority for redistribution within the delegated funding for the schools of the local authority and the school must pay to the local authority any such additional surplus pursuant to this subsection,”

Page 5, line 10, at end insert—

“( ) For the purposes of this section—

(a) a school has a deficit immediately before the conversion date if, at that time, there is an amount made available by a local authority to the school’s governing body (under section 50 of the SSFA 1998 or otherwise) that has been overspent by the governing body or the head teacher;

(b) the amount of the deficit is that amount.”

After Clause 6

BARONESS MORGAN OF DREFELIN

Insert the following new Clause—

“Transfer of school deficits

(1) This section applies if—

(a) an Academy order has effect in respect of a school, and

(b) the order was made following an application under section 3.

(2) The local authority must determine—

(a) whether, immediately before the conversion date, the school has a deficit, and

(b) if so, the amount of the deficit.

(3) The proprietor of the Academy must pay any amount determined under subsection (2)(b) to the local authority, subject to the provisions of regulations under subsection (4).

(4) Regulations may make provision in connection with the determination and payment of the amount of a deficit under this section.

(5) Regulations under subsection (4) may in particular include provision—

(a) requiring the local authority to inform the proprietor of the determinations under subsection (2);

(b) authorising the proprietor to apply to the Secretary of State for a review of those determinations;

(c) about the procedure for, and the Secretary of State’s powers on, any such review;

(d) about the effect of any such review on the amount required to be paid by the proprietor to the local authority (including provision requiring repayment of sums by the local authority or the payment of additional sums by the proprietor);

(e) about the time limits for doing anything required or permitted to be done under this section or the regulations.

(6) For the purposes of this section—

(a) a school has a deficit immediately before the conversion date if, at that time, the governing body of the head teacher of the school have spent an amount in excess of the amount made available by a local authority to the school’s governing body (under section 50 of SSFA 1998 or otherwise);

(b) the amount of the deficit is that amount.

(7) For the purposes of subsection (6), the amount of expenditure which, immediately before the conversion date, is in excess of the amount which has been made available to a school’s governing body must be calculated taking into account any relevant redetermination for the funding period in which the conversion date falls.

(8) In subsection (7)—

“funding period” has the meaning given by section 45(1B) of SSFA 1998;

“relevant redetermination” means a redetermination of the school’s budget share which is required in accordance with regulations under section 47 of that Act.”

Clause 8

LORD HODGSON OF ASTLEY ABBOTTS

Page 6, line 14, after “proprietor” insert—

“(a)”

Page 6, line 14, leave out “is a charity” and insert “may be deemed to be an exempt charity if and in so far as it is a charity”

Page 6, line 14, at end insert—

“(b) may apply to be a community interest company (CIC)”

After Clause 8

BARONESS MORGAN OF DREFELIN

Insert the following new Clause—

“Compliance with Code for School Admissions

All academies shall comply with the provisions of the Code for School Admissions issued from time to time by the Secretary of State.”

After Clause 10

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

Insert the following new Clause—

“Special Educational Needs Co-ordinators

The Special Educational Needs Co-ordinator of an Academy must be a qualified teacher working at the school and having completed any induction period that has been required by the Secretary of State under regulations.”

Insert the following new Clause—

“Duty to promote community cohesion

The proprietor of an Academy in the discharging of the functions of the school shall be required to promote community cohesion.”

Insert the following new Clause—

“Reversion to maintained school status

(1) An academy school created under this Act shall have a power, once five years have passed since the establishment of the school, and at five year intervals thereafter, to apply to the Secretary of State to obtain the termination of the Academy school and its reversion to its previous maintained school status.

(2) Before making any such application, the Academy school must consult the following—

(a) the parents of children of the school;

(b) the staff of the school;

(c) any trade unions which represent staff of the school;

(d) the local authority for the area of the school;

(e) any local authority which sends a significant proportion of children to the school; and

(f) any other person it appears appropriate to the school to consult.

(3) The Secretary of State shall be required to consider any such application

(4) All Academy agreements or undertakings must have provisions which set out the right to revert to maintained school status as is set out in this section.”

BARONESS HOWE OF IDLICOTE

Insert the following new Clause—

“Reversion to maintained school status

(1) An Academy school created under this Act shall have a power, after three years since the establishemnt of the Academy, and at five year intervals thereafter, to apply to the Secretary of State to obtain the termination of the Academy school and its reversion to its previous maintained school status.

(2) Before making any such application, the Academy school must consult the following—

(a) the parents of children of the school;

(b) the children of the schools;

(c) the staff of the school;

(d) any trade unions which represent staff of the school;

(e) the local authority for the area of the school;

(f) any local authority which sends a significant proportion of children to the school;

(g) in the case of a secondary school, any primary school which sends a significant proportion of children to the school; and

(h) any other person it appears appropriate to the school to consult.

(3) The Secretary of State shall be required to comply with any such application and carry out all necessary measures to put it into effect.

(4) All Academy agreements or undertakings must have provisions which set out the right to revert to maintained school status as is set out inthis section.”

BARONESS MORGAN OF DREFELIN

Insert the following new Clause—

“Reversion to maintained school status (No. 3)

(1) An Academy school created under this Act shall have a power, once three years have passed since the establishment of the school, and at three year intervals thereafter, to apply to the Secretary of State to obtain the termination of the Academy school and its reversion to its previous maintained school status.

(2) Before making any such application the Academy school must consult the following—

(a) the parents of children of the school;

(b) the staff of the school;

(c) any trade unions which represent staff of the school;

(d) the local authority for the area of the school;

(e) any local authority which sends a signifciant proportion of children to the school; and

(f) any other person it appears appropriate to the school to consult.

(3) The Secretary of State shall be required to comply with any such application and carry out all necessary measures to put it into effect.

(4) All Academy agreements or undertakings must have provisions which set out the right to revert to maintained school status as is set out in this section.”

Schedule 2

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

Page 16, line 36, at end insert—

“( ) In section 317 (duties of governing body or LEA in relation to pupils with special educational needs) in subsection (3A) after the second occurrence of “school” insert “or the proprietor of an Academy”.”

Clause 13

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

BARONESS SHARP OF GUILDFORD

Page 8, line 22, at end insert—

““proprietor” means the person with whom the Secretary of State enters into Academy arrangements once the Academy has been established.”

Clause 16

BARONESS MORGAN OF DREFELIN

Page 8, line 40, leave out “Academies” and insert “Direct Maintained Schools”

In the Title

BARONESS MORGAN OF DREFELIN

Line 1, leave out “Academies” and insert “Direct Maintained Schools”