School (Reform of Pupil Selection) Bill [HL]

1 The comprehensive principle

(1)

Subject to subsection (2) , admission authorities must, in the exercise and
performance of their powers and duties relating to admitting pupils for
secondary education, have regard to the general principle that such education
is to be provided only in schools where the arrangements for the admission
of pupils are not based (wholly or partly) on selection by reference to ability
or aptitude.

(2)

Subsection (1) does not apply to—

(a)

provision for pupils with education, health and care plans, whether
in special schools or otherwise, or

(b)

provision for selection by ability under section 101 of the School
Standards and Framework Act 1998 (permitted selection: pupil
banding).

2 Submission of proposals for giving effect to the comprehensive principle

(1)

Each admission authority must report to the Secretary of State by 1 September
2023 on whether their arrangements for the admission of pupils on this date
comply with the principle in section 1 (1) .

(2)

Each admission authority not complying with the principle in section 1 (1)
must submit proposals in conjunction with their local authority (if the
admission authority is not itself the local authority) to the Secretary of State
by 1 September 2024 on how they intend to amend their admission
arrangements so as to comply with the principle by 1 September 2027.

(3)

Before submitting any proposals under this section the admission authority
and the local authority (if different) must consult parents, any affected
educational institutions in the area, including primary, secondary and special
schools, sixth form and further education colleges as required, and other
interested parties.

(4)

The proposals must refer to the consultation.

3 Approval and implementation of proposals submitted under section 2

(1)

The Secretary of State must consider proposals submitted under section 2
, and—

(a)

approve them,

(b)

amend them, or

(c)

reject them.

(2)

Approved and amended proposals must be implemented by 1 September
2027.

(3)

Where proposals have been rejected, the admission authority must submit
alternative proposals within the period of 12 months.

(4)

Proposals submitted under subsection (3) must be considered under subsection
(1), subject to subsections (5) and (6).

(5)

Proposals under subsection (3) that are approved or amended must be
implemented by 1 September 2028.

(6)

If the Secretary of State rejects proposals under subsection (3) , the Secretary
of State must after consultation substitute their own proposals.

4 Interpretation, extent, commencement and short title

(1)

In this Act—

“
admission arrangements” and “the admission authority” have the
meanings given by section 88 of the School Standards and Framework
Act 1998;

“
education, health and care plan” means a plan within section 37(2) of
Children and Families Act 2014;

“
secondary education” has the meaning given by section 2 of the
Education Act 1996.

(2)

This Act extends to England and Wales.

(3)

This Act comes into force on the day on which it is passed.

(4)

The Act may be cited as the School (Reform of Pupil Selection) Act 2022.

(5)

This Act is to be included in the list of Education Acts set out in section 578
of the Education Act 1996 .