EDUCATION AND INSPECTIONS BILL
THE NATIONAL GOVERNORS? ASSOCIATION
EDUCATION AND INSPECTIONS BILL
- This paper provides briefing on the Education and Inspections Bill 2006. It sets out the main provisions of the Bill particularly where they relate to governors. This paper should be read in conjunction with BRG03/05 which covered the White Paper.
Background
- The Secretary of State for Education and Skills launched the Education White Paper ? Higher Standards,
- Much in the Bill is taken direct from the White Paper; however, there are some areas (mainly surrounding school organisation and admissions) where there have been specific changes. It is also the case that some of what was in the White Paper does not require primary legislation. The Bill comprises of 10 parts and 18 schedules. In the main, Parts 1-7 have implications for governance and schools.
Implications for Governors
- The White Paper pointed to one new statutory duty in relation to governors, in fact there are two.
- Section 35 of the Bill provides that:
- ?The governing body of a maintained school shall, in discharging their functions relating to the conduct of the school, have regard to any relevant children and young people?s plan.
- In discharging those functions, the governing body of a maintained school in
- The first of these is the one not flagged up in the White Paper; however, it follows on from previous requirements for schools to have regard to their LA?s priorities in setting their own.
Self-Governing Trust /
- Trust Schools are not mentioned by name in the Bill. Trust Schools as referred to in the White Paper are Foundation Schools which acquire a foundation body (Trust) and which can be given the power to appoint the majority of the governing body.
- Under existing legislation schools already have the power to seek foundation status and to set up a foundation body. Regulations already allow the governing body of secondary schools to publish proposals to become foundation schools and to be the decision maker (the so-called streamlined route to Foundation Status). The Bill provides the primary legislation to enable the DfES to lay Regulations which will give this power to primary schools and enable all foundation schools to set up a foundation body which could appoint the majority of the governing body.
- Governing bodies will be the proposers and decision makers where they propose to become a foundation school without a foundation body. Where the governing body wants to either adopt a foundation body or give a foundation body the power to appoint the majority of the governing body or both then the decision can be referred to the Schools Adjudicator. Only the local authority and in certain cases the Church of England and the Roman Catholic Church can refer such a proposal to the Adjudicator.
- The White Paper suggested that ?Trust Status? would not be open to special schools; however, the Bill appears to give special schools the same rights to apply for foundation status and acquire a foundation body as other schools.
- The Bill also sets out (Sections 31-34) caveats in relation to foundation bodies.
Local Authorities
- Sections 1-6 set out the duties on local authorities which were flagged up in the White Paper. In particular, the requirement to secure choice and diversity and take account of parental representations in relation to the provision of schools.
- Under Section 9 Local Authorities will now be able to set up new
Section 27 abolishes the School Organisation Committee.
School Improvement ? (Section 46-60)
- The White Paper proposed that LAs should be given powers to intervene at an earlier stage in schools causing concern and that following a critical Ofsted inspection LAs should consider suing the full range of their powers immediately (e.g. removal of the headteacher and/or the governing body). The Bill provides the mechanism for this to happen.
- LAs will be able to issue warning notices to schools at which:
- The overall level of attainment is low; and
- The level of attainment does not reflect the intake (i.e. coasting schools).
- Following an Ofsted Inspection in which the school has been designated as requiring improvement or placed in special measures the local authority will have the power to require the governing body to enter a contract or arrangement with a third party, or make arrangements for the school to be federated.
Admission Arrangements
- The White Paper actually contained very little in relation to admission arrangements. It said that local authorities would be under a duty to ensure that all parents had equal access and understanding of admission arrangements in order to promote parental choice. It also proposed to allow schools to amend their admission arrangements to provide access to a wider segment of the community (banding).
- Admissions were, however, one of the key issues of the debate following publication of the White Paper. In particular, concern was expressed that the current regulatory system for school admissions was not robust, especially given that the White Paper encouraged all schools to change category and become their own admission authorities. The Bill now includes provisions which were not in the White Paper. In particular the Bill:
- Bans any new selection by ability (apart from the permitted forms of selection allowed by the Standards and Framework Act 1998). Existing grammar schools will continue.
- Tightens the admissions Code of Practice ? Schools will in future have to ?act in accordance with? the Code rather than simply have regard to it.
- Bans the use of interviews in the admission process.
- Widens the role of admissions forums and gives them the power to make reports about admissions in their area and submit objections to the Adjudicator.
Teaching and Learning (Sections 61-62)
- Much of the teaching and learning section of the White Paper did not require legislation. The Bill does, however, make provision for the recommendations of the 14-19 Education & Skills White Paper in regard to the curriculum entitlement for pupils in Key Stage 4.
Behaviour and Discipline (Sections 75-97
- The White Paper set out the Government?s intentions to accept the Steer Group?s recommendations in regard to discipline and behaviour. The Bill puts the legislative powers in place. The Bill provides for:
- Governing bodies to ensure that relevant policies to promote good behaviour and discipline on the part of its pupils are pursued at the school. They should ensure that they have a written policy of general principles and in making the policy consult the headteacher, those employed at the school, parents of registered pupils and a sample of pupils.
- The headteacher to set the measures including any disciplinary penalties which will be adopted to promote good behaviour. The headteacher must ensure that all relevant people (staff, pupils and parents of registered pupils) are informed at least once a year of the contents of the policy.
- Allows for all paid staff in school to impose disciplinary penalties (apart from exclusions).
- Allows schools to impose detentions outside of normal school hours.
- Currently Parenting Contracts are applied for truancy and exclusions. The Bill extends their coverage to circumstances where the governing body or local authority believe that the actions of a pupil are likely to:
i. cause significant disruption to the education of other pupils,
ii. cause significant detriment to the welfare of the pupil in question or other pupils; or
iii. lead to the subsequent exclusion of the pupil in question.
- The Bill also provides for governing bodies to apply direct to Magistrates for Parenting Orders (currently Local Authorities must apply).
- Exclusions ? Regulations will be laid to set out the duties of parents, schools and local authorities in relation to who is responsible for excluded pupils at various stages following their exclusion.
School Food (73-74)
- The Bill provides for Regulations to cover the provision of all school food (not just school lunches as currently). A consultation is currently underway as to what non-lunch standards will be. The School Food Trust?s recommendations are that they should mirror the proposed standards for school lunches. These would apply to food sold through tuck-shops and vending machines.
- The Bill also amends the Regulation in relation to charging for school lunches. At present (with the exception of
School Travel (Sections 63-72)
- The White Paper proposed that free school transport should be provided to a wider group of pupils. The Bill sets down the legislative framework for this to happen.
- All local authorities will have to prepare a strategy to promote the use of sustainable modes of travel to meet the school travel needs in their area. School Travel Schemes will be piloted (probably in about 20 areas).
Other Provisions
- Section 145 brings in the power for Ofsted to investigate complaints made by parents. This is as proposed in the White Paper.