Change 1 Article Choose an article Title and introductory text 1 Duty to set limit on infant class sizes. 2 Plans by LEAs for reducing infant class sizes. 3 Payment of grant in connection with reductions in infant class sizes. 4 Interpretation of Chapter I. 5 Duty of LEAs to promote high standards in primary and secondary education. 6 Preparation of education development plans. 7 Approval, modification and review of statement of proposals. 8 Reserve power of Secretary of State to secure proper performance of local authority's functions. 9 Education committees to include representatives of parent governors. 10 Establishment of education action zones. 11 Establishment of Education Action Forum for zone. 11A Constitution of Education Action Forum 11B Expansion of zone 11C Removal from zone 11D Information relating to a Forum and its zone 12 Functions of Education Action Forum. 13 Disapplication of pay and conditions order in relation to teachers at participating schools. 14 Powers of intervention exercisable by local authorities. 15 Cases where local authority may exercise powers of intervention. 16 Power of local authority to appoint additional governors. 16A Power of local authority to provide for governing body to consist of interim executive members 17 Power of local authority to suspend right to delegated budget. 18 Power of Assembly to appoint additional governors. 18A Power of Assembly to provide for governing body to consist of interim executive members 19 Power of Assembly to direct closure of school. 19ZA Power of Welsh Ministers to direct local authority to give warning notice: teachers' pay and conditions 19A Governing bodies consisting of interim executive members 20 New categories of maintained schools. 21 Kinds of foundation and voluntary schools and types of foundations. 22 Maintenance and other funding of schools. 23 Charitable status of maintained schools, etc. 23A Foundation and foundation special schools: requirements as to foundations 23B Powers of Secretary of State in relation to charity trustees of foundations 24 School organisation committees. 25 Adjudicators. 26 School organisation plans. 26A Plans of local learning and skills councils. 26B Plans of National Council. 27 Power to require committees or adjudicators for Wales. 28 Proposals for establishment or alteration of community, foundation or voluntary school in Wales. 28A Proposals for establishment of community, foundation or voluntary school maintained by English LEA 29 Proposals for discontinuance of community, foundation, voluntary or maintained nursery school in Wales. 30 Notice by governing body to discontinue foundation or voluntary school in England. 31 Proposals for establishment, alteration or discontinuance of community or foundation special school in Wales. 32 Direction requiring discontinuance of community or foundation special school in Wales. 33 Further provisions relating to establishment, alteration or discontinuance of schools in Wales. 34 Rationalisation of school places. 35 School in Wales changing from one category to another. 36 Governing bodies. 37 Instruments of government. 38 General responsibility of governing body for conduct of school. 39 Additional functions of governing body. 40 Control of use of school premises by governing body. 41 Responsibility for fixing dates of terms and holidays and times of sessions. 42 Governors’ reports and other information. 43 Annual parents’ meetings. 44 Arrangements for government of new schools. 45 Maintained schools to have budget shares. 45A Determination of specified budgets of local authority 45AA Power to require local authorities in England to determine schools budget 45AB Duty of local authorities in Wales to determine schools budget 45AC Power to require local authorities in Wales to determine schools budget 45B Power of Assembly to set minimum schools budget for local authority in Wales 45C Effect of notice under section 45B(6) 45D Power of Assembly to repeal Wales-only school funding provisions 46 Determination of LEA’s local schools budget and individual schools budget. 47 Determination of school’s budget share. 47ZA Free of charge early years provision outside a maintained school: budgetary framework: England 47A Schools forums 48 Local authorities’ financial schemes. 49 Maintained schools to have delegated budgets. 50 Effect of financial delegation. 51 Suspension of financial delegation for mismanagement etc. 51A Expenditure incurred for community purposes 52 Financial statements: Wales. 53 Certification of statements by Audit Commission. 53A Certification of statements by Auditor General for Wales 54 Staffing of community, voluntary controlled and community special schools. 55 Staffing of foundation, voluntary aided and foundation special schools. 56 Staffing for non-school activities. 57 Payments in respect of dismissal, etc. 58 Appointment and dismissal of certain teachers at schools with a religious character : England. 58A Appointment and dismissal of certain teachers at schools with a religious character: Wales 59 Staff at community, secular foundation or voluntary, or special school. 60 Staff at foundation or voluntary school with religious character. 61 Responsibility of governing body and head teacher for discipline. 62 Local authority’s reserve power to prevent a breakdown of discipline. 63 School attendance targets. 64 Power of head teacher to exclude pupils. 65 Exclusion of pupils: duty to inform parents, etc. 66 Functions of governing body in relation to excluded pupils. 67 Appeals against exclusion of pupils. 68 Exclusion of pupils: guidance. 68A Designation of schools with a religious character: Wales 69 Duty to secure due provision of religious education : England. 70 Requirements relating to collective worship. 71 Exceptions and special arrangements; provision for special schools. 72 Further provisions relating to new schools. 73 Transfer of staff on appointed day. 74 Transfer of land on appointed day. 75 Transfer of land by governing body to trustees. 76 Disposals of land in case of certain schools and disposals on discontinuance. 77 Control of disposals or changes in use of school playing fields. 78 Rating of maintained schools. 79 Stamp duty. 79A Stamp duty land tax 80 Provision of further education. 81 Application of employment law during financial delegation. 82 Modification of trust deeds. 83 Modification of provisions making governors of foundation or voluntary school ex officio trustees. 84 Code for school admissions. 85 Making and approval of code for school admissions. 85ZA Co-operation in discharging functions under this Part (England) 85A Admission forums 85B Functions of admission forums in relation to Academies 86 Parental preferences. 86A Preferences relating to sixth-form education: local authority arrangements 86B Duty in relation to preferences expressed under section 86A: admission authorities of maintained schools 87 No requirement to admit children permanently excluded from two or more schools. 88 Admission authorities and admission arrangements. 88A Prohibition on interviews 88B Admission arrangements relating to children looked after by local authority 88C Procedure for determining admission arrangements 88D Determination of admission numbers 88E Variation of admission arrangements 88F Sections 88C to 88E: supplementary 88G Power to restrict alteration of admission arrangements following establishment or expansion 88H Reference of objections to adjudicator 88I Other functions of adjudicator relating to admission arrangements 88IA Changes to admission numbers 88J Changes to admission arrangements 88K Sections 88H and 88I , 88I and 88IA : supplementary 88L Restriction on alteration of admission arrangements following adjudicator's decision 88M Co-ordination of admission arrangements 88N Further provision about schemes adopted or made by virtue of section 88M 88O Sharing of information by local authorities 88P Reports by local authorities to adjudicator 88Q Reports under section 88P: provision of information 88R Prohibition on interviews 89 Procedure for determining admission arrangements. 89A Determination of admission numbers 89B Co-ordination of admission arrangements 89C Further provision about schemes adopted or made by virtue of section 89B 89D Power to restrict alteration of admission arrangements following establishment or expansion 90 Reference of objections to Welsh Ministers. 90ZA Regulations by Welsh Ministers under sections 89 to 90 90A Restriction on alteration of admission arrangements following adjudicator's decision 91 Special arrangements to preserve religious character of foundation or voluntary aided school. 92 Publication of information about admissions. 93 Fixing admission numbers. 94 Appeal arrangements: general. 95 Appeals relating to children to whom section 87 applies. 95A References relating to looked after children to whom section 87(2) applies 96 Direction to admit child to specified school. 97 Procedure for giving direction under section 96. 97A Direction to admit looked after child to specified school 97B Procedure for giving direction under section 97A 97C Determinations under section 97 or 97B: supplemental 97D Power of Assembly to make regulations about admission of looked after children 98 Admission for nursery education or to nursery or special school: children with statements of special educational needs or EHC plans. 98A Meaning of “sixth form education” etc 99 General restriction on selection by ability or aptitude. 100 Permitted selection: pre-existing arrangements. 101 Permitted selection: pupil banding. 102 Permitted selection in maintained schools in England: aptitude for particular subjects. 102A Permitted selection in maintained schools in Wales: aptitude for particular areas of learning and experience etc. 103 Permitted selection: introduction, variation or abandonment of provision for such selection. 104 Designation of grammar schools. 105 Procedure for deciding whether grammar schools should retain selective admission arrangements. 106 Ballot regulations: eligibility of parents to request or vote in ballot. 107 Restriction on publication of material etc. relating to ballots. 108 Implementation of decision that school should cease to have selective admission arrangements. 109 Proposals by governing body of grammar school to end selective admission arrangements. 110 Home-school agreements. 111 Supplementary provisions about home-school agreements. 112 Extended work experience for Key Stage 4 pupils. 113 Provision of secondary education for Key Stage 4 pupils by FE institutions. 114 Nutritional standards for school lunches. 114A Requirements for food and drink provided on school premises etc 115 Extension of LEA functions concerning school lunches, etc. 116 Transfer of local authority functions concerning school lunches, etc. to governing bodies. 117 Definition of “nursery education”. 118 Duty of local authority as respects availability of nursery education. 118A Duties of local authority in respect of childcare 119 Early years development and childcare partnerships. 120 Early years development and childcare plans. 121 Approval, modification and review of statement of proposals. 122 Inspection of nursery education in Wales. 123 Children with special educational needs. 124 Travel arrangements for children receiving nursery education otherwise than at school. 124A Employment of teachers at independent schools having a religious character 124AA Staff at certain Academies with religious character 124B Designation of independent schools as having a religious character 125 Partnership arrangements to secure provision of certain further education in Wales. 126 Provisions relating to education provided under partnership arrangements. 127 Code of practice for securing effective relationships between local authorities and maintained schools in Wales. 128 Financial assistance to non-maintained schools. 129 Payment of school expenses; grant of scholarships, etc. 130 Transfer of assisted places. 131 Abolition of corporal punishment in schools etc. 132 Dissolution of Funding Agency for Schools. 133 Removal of power to establish Schools Funding Council for Wales. 134 Publication of inspection reports. 135 Miscellaneous amendments relating to school and nursery inspections. 136 Change of name of Education Assets Board. 137 Education Transfer Council: alteration of functions and provision for dissolution. 138 Orders and regulations. 138A Regulations made by Welsh Ministers under section 71(7A) or sections 89 to 90 139 Financial provisions. 140 Minor and consequential amendments and repeals. 141 Minor authorities. 142 General interpretation. 143 Index. 144 Transitional provisions etc. 145 Short title, commencement and extent. SCHEDULE 1 Provisions relating to an Education Action Forum SCHEDULE 2 Allocation of existing schools to new categories SCHEDULE 3 Funding of foundation, voluntary and foundation special schools SCHEDULE 5 Adjudicators SCHEDULE 8 Changes of category of school SCHEDULE 9 Constitution of governing bodies SCHEDULE 10 Incorporation and powers of governing bodies SCHEDULE 11 Membership and proceedings etc. of governing bodies SCHEDULE 12 Instruments of government SCHEDULE 13 Control of school premises by governing bodies SCHEDULE 14 Revision of local authority schemes SCHEDULE 15 Suspension of financial delegation Schedule 16 SCHEDULE 17 Staffing of foundation, voluntary aided and foundation special schools SCHEDULE 18 Appeals against exclusion of pupils SCHEDULE 19 Required provision for religious education SCHEDULE 20 Collective worship SCHEDULE 21 Transfers of land on appointed day SCHEDULE 22 Disposals of land in case of certain schools and disposals on discontinuance SCHEDULE 24 Admission appeals SCHEDULE 25 Children to whom section 87 applies: appeals by governing bodies 12.10.01 SCHEDULE 26 Inspection of nursery education in Wales SCHEDULE 27 Further provision about partnership arrangements in Wales SCHEDULE 28 Amendments relating to school and nursery inspections SCHEDULE 29 Amendments relating to functions of Education Transfer Council SCHEDULE 30 Minor and consequential amendments SCHEDULE 31 Repeals SCHEDULE 32 Transitional provisions and savings
What to do with it
As published
99 General restriction on selection by ability or aptitude.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The following are for the purposes of section 39(1) of the Education and Inspections Act 2006 permitted forms of selection by ability—
(a) any selection by ability authorised by section 100 (pre-existing arrangements);
(b) any selection by ability authorised by section 101 (pupil banding); and
(c) any selection by ability conducted in connection with the admission of pupils to the school for secondary education suitable to the requirements of pupils who are over compulsory school age.
(3) No admission arrangements for a maintained school may make provision for selection by aptitude unless they make provision for a permitted form of such selection.
(4) The following are permitted forms of selection by aptitude—
(a) any selection by aptitude authorised by section 100 (pre-existing arrangements); and
(b) any selection by aptitude authorised by section 102 (aptitude for particular subjects).
(5) For the purposes of this Chapter—
(a) a school’s admission arrangements make provision for selection by ability or by aptitude if they make provision for all or any of the pupils who are to be admitted to the school in any relevant age group to be so admitted by reference to ability or to aptitude (as the case may be);
(b) “ability” means either general ability or ability in any particular subject or subjects;
(c) “admission arrangements” has the meaning given by section 88(2); and
(d) “maintained school” means a community, foundation or voluntary school.
Your wording
Your change, as a redline
99 General restriction on selection by ability or aptitude.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The following are for the purposes of section 39(1) of the Education and Inspections Act 2006 permitted forms of selection by ability—
(a) any selection by ability authorised by section 100 (pre-existing arrangements);
(b) any selection by ability authorised by section 101 (pupil banding); and
(c) any selection by ability conducted in connection with the admission of pupils to the school for secondary education suitable to the requirements of pupils who are over compulsory school age.
(3) No admission arrangements for a maintained school may make provision for selection by aptitude unless they make provision for a permitted form of such selection.
(4) The following are permitted forms of selection by aptitude—
(a) any selection by aptitude authorised by section 100 (pre-existing arrangements); and
(b) any selection by aptitude authorised by section 102 (aptitude for particular subjects).
(5) For the purposes of this Chapter—
(a) a school’s admission arrangements make provision for selection by ability or by aptitude if they make provision for all or any of the pupils who are to be admitted to the school in any relevant age group to be so admitted by reference to ability or to aptitude (as the case may be);
(b) “ability” means either general ability or ability in any particular subject or subjects;
(c) “admission arrangements” has the meaning given by section 88(2); and
(d) “maintained school” means a community, foundation or voluntary school.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.