Education Act 2002 (c. 32)

(The document as of February, 2008)

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(3) Schedule 7 (which inserts a new Schedule into the Education Act 1996 (c. 56) to make provision about land in relation to Academies, and makes other supplementary provision about Academies) shall have effect.

66 Arrangements for admission of pupils to Academies

After section 85A of the School Standards and Framework Act 1998 (c. 31) there is inserted--

" 85B Functions of admission forums in relation to Academies

(1) Regulations may authorise or require an admission forum established by a local education authority under section 85A to give advice to the governing body of any Academy in the authority's area on any matter corresponding to a matter prescribed under subsection (1)(b) of that section.

(2) The governing body of an Academy shall have regard, in conducting the Academy, to any relevant advice given to them by an admission forum by virtue of subsection (1). "

67 Conversion of city academies into Academies

Where a school is known immediately before the coming into force of section 65 as a city academy--

(a) the agreement made in relation to that school under section 482 of the Education Act 1996 as it had effect at the time the agreement was made shall for all purposes be regarded as having been made under that section as substituted by section 65, and

(b) accordingly, the school shall be known as an Academy.

68 City colleges

(1) This section applies to a school which is known immediately before the coming into force of section 65 as a city technology college or city college for the technology of the arts.

(2) If the proprietor of the school and the Secretary of State so agree--

(a) the agreement made in relation to the school under section 482 of the Education Act 1996 (c. 56) as it had effect at the time the agreement was made shall for all purposes be regarded as having been made under that section as substituted by section 65, and

(b) accordingly, the school shall be known as an Academy.

(3) Subject to subsection (2), the agreement made in relation to the school under section 482 of the Education Act 1996 as it had effect at the time the agreement was made is not affected by anything in section 65.

69 Uniform statutory trusts

In section 557 of the Education Act 1996 (uniform statutory trusts), in the definition of "relevant school" in subsection (10), after "means a relevant school" there is inserted ", Academy, city technology college or city college for the technology of the arts,".

Proposals to establish, alter or discontinue schools

70 Proposals for additional secondary schools

(1) A local education authority in England may publish a notice under this section inviting proposals for the establishment of any school falling within subsection (2) as an additional secondary school.

(2) The following schools fall within this subsection--

(a) a community school;

(b) a foundation school;

(d) an Academy.

(3) A notice under this section must--

(a) identify a possible site for the school,

(b) specify a date, being a date after the prescribed interval, by which proposals must be submitted,

(d) be published in the prescribed manner.

(4) Proposals made pursuant to a notice under this section must--

(a) contain the prescribed information, and

(b) be submitted to the local education authority before the date specified in the notice.

(5) After the date specified in a notice published by a local education authority under this section the authority--

(a) shall publish under this section any proposals submitted pursuant to the notice in accordance with subsection (4), and

(b) may publish under this section proposals of their own for the establishment of a community or foundation school as an additional secondary school.

(6) Regulations may prescribe--

(a) the manner in which proposals under this section must be published, and

(b) the information which proposals within subsection (5)(b) must contain.

(7) For the purposes of this section, a school is "additional" if it does not replace a secondary school falling within subsection (2) which has been or is to be discontinued; and in determining for the purposes of this section whether one school replaces another regard shall be had to any guidance given from time to time by the Secretary of State.

(8) For the purposes of this section "secondary school" does not include --

(a) a middle school, or

(b) a school which provides education suitable only to the requirements of persons above compulsory school age.

(9) Schedule 8 (which makes provision in relation to the consideration, approval and implementation of proposals published under this section) shall have effect.

71 Duty of LEAs to secure proposals

(1) The Secretary of State may give a direction to a local education authority in England under this section where he is of the opinion that the provision for primary or secondary education--

(a) in the area of the authority, or

(b) in any part of that area,

is, or is likely to become, insufficient.

(2) Where a direction is given to a local education authority under this section, the authority shall, within the time specified in the direction, do either or both of the following as the authority think fit--

(a) exercise their powers under section 28, 29 or 31 of the School Standards and Framework Act 1998 (c. 31) to publish proposals for the establishment, alteration or discontinuance of schools;

(b) exercise their power under section 70(1) (notice inviting proposals for establishment of additional secondary schools).

(3) A local education authority shall comply with a direction under this section--

(a) with a view to securing that provision is made for such additional number of pupils in the area, or in any such part of the area, as may be specified in the direction, and

(b) applying such principles as may be specified in the direction.

(4) Where the Secretary of State has given a direction to a local education authority under this section and--

(a) the authority has not complied with the direction within the time specified in it, or

(b) the authority has complied with it, but the Secretary of State is not satisfied that the provision referred to in subsection (3)(a) will be secured,

the Secretary of State may make any such proposals as might have been made by the authority under subsection (2)(a) or, by virtue of subsection (2)(b), under section 70(5)(b).

(5) Proposals made by the Secretary of State under subsection (4) shall--

(a) contain the prescribed information,

(b) be published by the Secretary of State in the prescribed manner, and

(6) Paragraph 4 of Schedule 7 to the School Standards and Framework Act 1998 applies in relation to this section as follows--

(a) sub-paragraphs (1) to (5) apply in relation to a direction given under this section, in relation to the whole or part of the area of a local education authority, as they apply in relation to an order made under paragraph 2(2) or 3(2) of that Schedule, in relation to the area of such an authority;

(b) sub-paragraphs (6) and (7) apply in relation to proposals made by a local education authority in the exercise, pursuant to such a direction, of their powers under section 28, 29 or 31 of that Act, as they apply in relation to the proposals referred to in those sub-paragraphs.

(7) Paragraphs 7 to 10 and 16 of that Schedule apply in relation to proposals made by the Secretary of State under subsection (4) as they apply to proposals published under paragraph 5 of that Schedule, but as if--

(a) the reference in paragraph 9(2) to the order under paragraph 2(2) or 3(2) were a reference to the direction under this section, and

(b) the reference in paragraph 16(2) to paragraph 5(3) were a reference to subsection (5)(c) of this section.

72 Proposals relating to sixth forms

(1) After section 113 of the Learning and Skills Act 2000 (c. 21) there is inserted--

" 113A Restructuring of sixth-form education

(1) The Learning and Skills Council for England may make proposals under this section--

(a) with a view to meeting recommendations made in the report of an area inspection under section 65,

(b) with a view to promoting one or more of the relevant objectives, or

(i) they are made in addition to proposals relating to education or training other than in schools, and

(ii) the combined proposals are made with a view to promoting one or more of the relevant objectives.

(2) The National Council for Education and Training for Wales may make proposals under this section--

(a) with a view to meeting recommendations made in the report of an area inspection under section 83,

(b) with a view to promoting one or more of the relevant objectives, or

(i) they are made in addition to proposals relating to education or training other than in schools, and

(ii) the combined proposals are made with a view to promoting one or more of the relevant objectives.

(3) For the purposes of this section, the following are "relevant objectives"--

(a) an improvement in the educational or training achievements of persons who are above compulsory school age but below the age of 19;

(b) an increase in the number of such persons who participate in education or training suitable to the requirements of such persons;

(4) Proposals under this section are proposals for one or more of the following--

(a) the establishment by a local education authority of one or more new community, foundation, community special or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);

(b) an alteration to one or more maintained schools which relates to the provision of secondary education suitable to the requirements of such persons and is of a description prescribed by regulations;

(c) the discontinuance of one or more maintained schools which provide secondary education suitable to the requirements of such persons (and no other secondary education).

(5) Proposals under this section are to be published and submitted to the relevant authority, which shall--

(a) approve them, with or without modification or subject to the occurrence of any event, or

(b) reject them.

(6) Schedule 7A (implementation of proposals) has effect.

(7) In exercising any function conferred by or under this section, the Learning and Skills Council for England and the National Council for Education and Training for Wales must have regard to any guidance given from time to time by the relevant authority.

(8) Proposals under this section may be made either alone or in addition to proposals under section 51 of the Further and Higher Education Act 1992 (c. 13) (proposals for further education corporations).

(9) Regulations may make provision about proposals under this section and may in particular make provision about--

(a) the information to be included in, or provided in relation to, the proposals;

(b) publication of the proposals;

(d) the making of objections to or comments on the proposals;

(e) withdrawal or modification of the proposals;

(f) approval of the proposals by the relevant authority.

(10) For the purposes of sections 496 and 497 of the Education Act 1996 (c. 56) (powers to prevent unreasonable exercise of functions and general default powers), the provisions of this section and Schedule 7A shall be treated as if they were provisions of that Act.

(11) For the purposes of this section and Schedule 7A--

"alteration" means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change--
(a)
in the religious character of the school, or
(b)
whereby the school would acquire or lose a religious character;
"maintained school" means a community, foundation or voluntary school or a community or foundation special school;
"regulations" means--
(a)
in relation to proposals by the Learning and Skills Council for England, regulations made by the Secretary of State, and
(b)
in relation to proposals by the National Council for Education and Training for Wales, regulations made by the National Assembly for Wales;
"relevant authority" means--
(a)
in relation to the Learning and Skills Council for England, the Secretary of State; and
(b)
in relation to the National Council for Education and Training for Wales, the National Assembly for Wales;
"secondary education" has the same meaning as in section 2 of the Education Act 1996. "

(2) Schedule 9 (which inserts a new Schedule 7A into that Act) shall have effect.

73 Proposals by governing bodies of community schools

In section 28 of the School Standards and Framework Act 1998 (c. 31) (proposals for establishment or alteration of schools), in subsection (2)(b) (requirement of publication where the governing body of a foundation or voluntary school propose to make a prescribed alteration to the school), after "foundation or voluntary school" there is inserted ", or of a community school maintained by a local education authority in England,".

74 Proposals for establishment of federated school

(1) Proposals under--

(a) section 28 or 31 of the School Standards and Framework Act 1998 (c. 31),

(b) paragraph 5 of Schedule 7 to that Act,

(d) section 70 or 193 of this Act,

for the establishment of a new school may relate to the establishment of the school as a federated school.

(2) Regulations may make provision modifying any provision contained in--

(a) section 28 or 31 of, or Schedule 6 or 7 to, the School Standards and Framework Act 1998,

(b) section 113A of, or Schedule 7A to, the Learning and Skills Act 2000, or

in its application to proposals to establish a school as a federated school, or to the establishment of a school as a federated school.

(3) In this section "federated school" has the meaning given by section 24(2).

75 Changes to existing procedures

Schedule 10 (which makes amendments to the School Standards and Framework Act 1998 and the Learning and Skills Act 2000 in respect of the procedures for the establishment, alteration and discontinuance of certain maintained schools) shall have effect.

Part 6 The curriculum in England

Preliminary

76 Interpretation of Part 6

In this Part--

"assess" includes examine and test, and related expressions shall be construed accordingly;
"assessment arrangements" means--
(a)
in relation to the foundation stage, the arrangements for assessing pupils in respect of that stage for the purpose of ascertaining what they have achieved in relation to the early learning goals; and
(b)
in relation to a key stage, the arrangements for assessing pupils in respect of that stage for the purpose of ascertaining what they have achieved in relation to the attainment targets for that stage;
"attainment targets", in relation to a key stage, means the knowledge, skills and understanding which pupils of different abilities and maturities are expected to have by the end of that stage;
"early learning goals", in relation to the foundation stage, has the meaning given by section 83(1);
"the foundation stage" has the meaning given by section 81;
"key stage", or references to a particular key stage, shall be construed in accordance with section 82;
"maintained school" means--
(a)
any community, foundation or voluntary school maintained by a local education authority in England, or
(b)
except where otherwise stated, any community or foundation special school which is maintained by a local education authority in England and is not established in a hospital;
"maintained nursery school" means a nursery school which is maintained by a local education authority in England and is not a special school;
"programmes of study", in relation to a key stage, means matters, skills and processes which are required to be taught to pupils of different abilities and maturities by the end of that stage;
"pupil" includes a child for whom funded nursery education is provided;
"school year", in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first school term to begin after the following July; and has a corresponding meaning in relation to the provision of funded nursery education otherwise than at a school.

77 Meaning of "nursery education" and related expressions

(1) In this Part "nursery education" means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).

(2) For the purposes of this Part, nursery education is "funded nursery education" in relation to a child if--

(a) it is provided in a maintained school or a maintained nursery school, or

(b) it is provided, by a person other than the governing body of any such school, under arrangements made with that person by a local education authority in England in pursuance of the duty imposed on the authority by section 118 of the School Standards and Framework Act 1998 (c. 31) and in consideration of financial assistance provided by the authority under those arrangements.

(3) For the purposes of this Part, funded nursery education provided in relation to a child otherwise than at a maintained school or maintained nursery school is to be taken to be provided by the person with whom the arrangements referred to in subsection (2)(b) are made by the local education authority.

General duties in respect of the curriculum

78 General requirements in relation to curriculum

(1) The curriculum for a maintained school or maintained nursery school satisfies the requirements of this section if it is a balanced and broadly based curriculum which--

(a) promotes the spiritual, moral, cultural, mental and physical development of pupils at the school and of society, and

(b) prepares pupils at the school for the opportunities, responsibilities and experiences of later life.

(2) The curriculum for any funded nursery education provided otherwise than at a maintained school or maintained nursery school satisfies the requirements of this section if it is a balanced and broadly based curriculum which--

(a) promotes the spiritual, moral, cultural, mental and physical development of the pupils for whom the funded nursery education is provided and of society, and

(b) prepares those pupils for the opportunities, responsibilities and experiences of later life.

79 Duty to implement general requirements

(1) The Secretary of State shall exercise his functions with a view to securing--

(a) that the curriculum for every maintained school or maintained nursery school satisfies the requirements of section 78, and

(b) at the curriculum for any funded nursery education provided otherwise than at a maintained school or maintained nursery school satisfies the requirements of that section.

(2) Every local education authority in England shall exercise their functions with a view to securing--

(a) that the curriculum for every maintained school or maintained nursery school which they maintain satisfies the requirements of section 78, and

(b) that the curriculum for any funded nursery education provided, under arrangements made by them, otherwise than at a maintained school or maintained nursery school, satisfies the requirements of section 78.

(3) The governing body and head teacher of every maintained school or maintained nursery school shall exercise their functions with a view to securing that the curriculum for the school satisfies the requirements of section 78.

(4) The functions referred to in subsections (1) to (3) include in particular--

(a) functions conferred by this Part in relation to the National Curriculum for England, and

(b) except in relation to maintained nursery schools or the provision of funded nursery education otherwise than at a maintained school or maintained nursery school, functions relating to religious education and religious worship.

(5) Any person providing funded nursery education under the arrangements mentioned in section 77(2)(b) shall secure that the curriculum for that funded nursery education satisfies the requirements of section 78.

(6) In exercising any function which may affect the provision of sex education in maintained schools, every local education authority in England shall have regard to the guidance issued by the Secretary of State under section 403(1A) of the Education Act 1996 (c. 56).

(7) Except to the extent provided in subsection (6), nothing in this section shall be taken to impose duties on a local education authority with regard to sex education.

80 Basic curriculum for every maintained school in England

(1) The curriculum for every maintained school in England shall comprise a basic curriculum which includes--

(a) provision for religious education for all registered pupils at the school (in accordance with such of the provisions of Schedule 19 to the School Standards and Framework Act 1998 (c. 31) as apply in relation to the school),

(b) a curriculum for all registered pupils at the school who have attained the age of three but are not over compulsory school age (known as "the National Curriculum for England"),

(d) in the case of a special school, provision for sex education for all registered pupils at the school who are provided with secondary education.

(2) Subsection (1)(a) does not apply--

(a) in relation to a nursery class in a primary school, or

(b) in the case of a maintained special school (provision as to religious education in special schools being made by regulations under section 71(7) of the School Standards and Framework Act 1998).

(3) The Secretary of State may by order--

(a) amend subsection (1) so as to add further requirements (otherwise than in relation to religious education or sex education),

(b) amend subsection (1)(b) by substituting for the reference to compulsory school age (or to any age specified there by virtue of this paragraph) a reference to such other age as may be specified in the order, and

The National Curriculum for England

81 The foundation stage

(1) For the purposes of this Part, the foundation stage in relation to a pupil is the period beginning with the relevant time (as defined by subsection (2)) and ending at the same time as the school year in which he attains the age of five.

(2) In subsection (1) "the relevant time" means--

(a) in the case of a child who is provided with funded nursery education before he attains the age of three, his third birthday,

(b) in the case of a child who is provided with funded nursery education after he attains that age, the time when he is first provided with such education, and

(c) in the case of a child who is not provided with any funded nursery education, the time when he first receives primary education other than nursery education.

82 The key stages

(1) For the purposes of this Part, the key stages in relation to a pupil are--

(a) the period beginning at the same time as the school year in which he attains the age of six and ending at the same time as the school year in which the majority of pupils in his class attain the age of seven ("the first key stage"),

(b) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of eight and ending at the same time as the school year in which the majority of pupils in his class attain the age of eleven ("the second key stage"),

(c) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of twelve and ending at the same time as the school year in which the majority of pupils in his class attain the age of fourteen ("the third key stage"), and

(d) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of fifteen and ending at the same time as the school year in which the majority of pupils in his class cease to be of compulsory school age ("the fourth key stage").

(2) The head teacher of a school may elect, in relation to a particular pupil and a particular subject, that subsection (1) shall have effect as if any reference to the school year in which the majority of pupils in that pupil's class attain a particular age were a reference to the school year in which that pupil attains that age.

(3) If at any time, in the case of a pupil of compulsory school age, subsection (1) does not, apart from this subsection, apply to determine the period within which that time falls, that subsection shall have effect as if--

(a) in the case of paragraphs (a) to (c), any reference to the school year in which the majority of pupils in that pupil's class attain a particular age were a reference to the school year in which that pupil attains that age, and

(b) in the case of paragraph (d), the period were a period beginning at the same time as the school year in which he attains the age of fifteen and ending when he ceases to be of compulsory school age.

(4) The Secretary of State may by order--

(a) provide that, in relation to any subject specified in the order, subsection (1) shall have effect as if for the ages of seven and eight there specified there were substituted such other ages (less than eleven and twelve respectively) as may be specified in the order, or

(b) amend subsections (1) to (3).

(5) In this section "class", in relation to a particular pupil and a particular subject, means--

(a) the teaching group in which he is regularly taught in that subject, or

(b) where there are two or more such groups, such one of them as may be designated by the head teacher of the school.

83 Curriculum requirements for foundation stage

(1) For the foundation stage, the National Curriculum for England shall comprise the areas of learning and may specify in relation to them--

(a) the knowledge, skills and understanding which pupils of different abilities and maturities are expected to have by the end of the foundation stage (referred to in this Part as "the early learning goals"),

(b) the matters, skills and processes which are required to be taught to pupils of different abilities and maturities during the foundation stage (referred to in this Part as "educational programmes"), and

(2) The following are the areas of learning for the foundation stage--

(a) personal, social and emotional development,

(b) communication, language and literacy,

(d) knowledge and understanding of the world,

(e) physical development, and

(f) creative development.

(3) The Secretary of State may by order amend subsection (2).

84 Curriculum requirements for first, second and third key stages

(1) For the first, second and third key stages, the National Curriculum for England shall comprise the core and other foundation subjects specified in subsections (2) and (3), and shall specify attainment targets, programmes of study and assessment arrangements in relation to each of those subjects for each of those stages.

(2) The following are the core subjects for the first, second and third key stages--

(a) mathematics,

(b) English, and

(3) The following are the other foundation subjects for the first, second and third key stages--

(a) design and technology,

(b) information and communication technology,

(d) history,

(e) geography,

(f) art and design,

(g) music, and

(h) in relation to the third key stage--

(i) citizenship, and

(ii) a modern foreign language.

(4) In this section "modern foreign language" means a modern foreign language specified in an order made by the Secretary of State or, if the order so provides, any modern foreign language.

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