School Standards & Organisation Bill

The new Bill is the latest move by the Welsh Government
to improve school standards inside & outside of the classroom.

A few weeks ago, Education Minister Leighton Andrews (Lab, Rhondda) laid this, the first of two Education Bills this Assembly term, in front of the Assembly. Consultation on the proposed Bill ended in January this year, attracting hundreds of responses, which you can see here.

It's quite a dull, lumbering piece of legislation, but it's the first "meaty" Bill laid before the Assembly since the 2011 referendum. I've already covered two previous bills – the Local Byelaws Bill and the Social Services Bill (which is yet to be drafted and laid). I've also mentioned the smaller National Assembly of Wales (Official Languages) Bill in passing.

Rationale

The goal of the bill is to "bring together, update and tighten standards and management" of Welsh schools. It will also localise decision making on school organisation and streamline several current processes – such as Governing Body meetings. There are also several other smaller, but somewhat significant, provisions such as the ability for schools and local authorities to have more flexibility over school meal prices.

The Bill has 4 key parts, which I'll now explore in some more detail.

1. School Interventions

• There will be 8 grounds for intervention in "failing schools" covering : unacceptably low standards, failures in school management and governance and the placement of a school in "special measures" by school inspectors.
• Local authorities and Welsh Ministers will be given the power to issue warning notices, or guidance, and intervene if a school has "failed to comply" for whatever reason.
• Local authorities and Welsh Ministers can require failing schools to : collaborate with another school, appoint new (or interim) governors or advisers and suspend delegated budgets.
• Welsh Ministers will be able to do similarly for "federated" schools as well as order the closure of a school if they are under "special measures".
• Welsh Ministers will be able to intervene in local authorities if they : fail to comply with education functions, act unreasonably with regard education functions or fail to perform to an acceptable standard. Local authorities, as well as governing bodies, will be obliged to cooperate.
• Welsh Ministers may issue school improvement guidance to "school authorities", but they have to lay a copy of any draft guidance before the Assembly. School authorities will be obliged to follow this advice.

2. School Organisation

• Welsh Ministers must issue (and may revise) a School Organisation Code, and lay a draft before the Assembly.
• Local authorities will be able to establish new community schools, special schools or maintained nursery schools. Any person may establish a voluntary school. No new foundation schools may be established in Wales, except foundation special schools.
• Local authorities will be able to alter mainstream schools, including nursery's, with the consent of Welsh Ministers. They, and governing bodies, will also be able to propose discontinuing maintained schools.
• Governing bodies will be able to change the category of a school (community school, voluntary aided, voluntary controlled school). However schools cannot change to voluntary aided status without satisfying funding criteria.
• There will be no requirement to consult on the closure of small schools – the definition of which can be amended by Welsh Ministers.
• Any change to the category of a school (with the above exception) must be put out for consultation – to which anybody may object within 28 days. Category 1 objectors being local authorities, religious bodies and local authorities in England adjacent to the area where a proposed change will take place. Category 2 objectors being governing bodies, school councils, AM's and MP's and FE colleges. Category 3 objectors being local councillors, school staff, pupils, parents and community councils.
• Proponents of changes must implement them as they were agreed, but can delay changes for up to three years from the date of any approval. Proposals to discontinue a school can be brought forward by up to 13 weeks.
• Welsh Ministers can order local authorities to use their powers to establish, alter or discontinue schools based on "excessive or insufficient provision" (school places). Again a 28 day objection period applies. Local inquiries may be held if there are any objections. Welsh Ministers will be able to approve, or make further proposals, depending on the outcomes of any inquiry.
• Welsh Ministers can direct local authorities to consider if "regional provision" (collaboration) in special education is suitable. Again a 28 day objection period applies.
• Welsh Ministers will have the power to restructure sixth form education. Once more there's an objection period of 28 days.
• Welsh local authorities will be barred from proposing to establish schools in England.

3. Welsh Education Strategic Plans

• Local authorities must prepare a "Welsh Education Strategic Plan" which will plan for Welsh medium provision, improve standards of WM provision, set local authority targets for WM provision and a report on progress made to attain those targets.
• Welsh Ministers will approve these strategic plans, and suggest modifications. They may also make local authorities assess demand for WM education.
• Welsh Ministers will be able to set the regulations relating to these strategic plans.

4. Miscellaneous School Functions

• Local authorities must provide free breakfasts to primary school pupils on request of governing bodies.
• Amendments are made to the Education Act 1996, which will give local authorities more flexibility in charging for school meals.
• Local authorities must ensure "reasonable provision of independent counselling services" in secondary schools.
• Governing bodies must hold parent meetings if there is a petition from : 10% of parents of pupils registered at the school, the parents of 10 primary school pupils or the parents of 30 secondary school pupils. However these meetings have to occur well within a school term, and no more than three of these types of meetings can be held in a single school year.
• The duty to hold an annual parents meeting in the Education Act 2002 has been repealed.
• The "code of practice" for relations between education authorities and schools in the School Standards and Framework Act 1998 has been repealed.

Conclusion


With this Bill, the responsibility to improve school standards is going to fall quite squarely on the shoulders of local authorities. Cardiff Bay is taking a slightly more hands-off approach, though it's disingenuous to suggest that Leighton Andrews - or any future Education Minister - won't be able to keep a close eye, or leash, on proceedings.
The grounds for intervention – by the Welsh Government or local authorities – will be crystal clear.

There are hints of a possible heavy-handedness : the closure of "small schools" without consultation (that could have a big impact in rural parts of Wales), reorganisation of sixth forms and forcing collaborative working.

It's unclear what impact the proposals for "flexible arrangements" for school meal prices will have either. I suspect Jamie Oliver will be popping across the Severn Bridge at some point in the future.

If this Bill is passed, it's not going to be a magic bullet that's going to set Welsh education back on the right tracks, but it does tidy up existing legislation, firing "a shot across the bows" to coasting or struggling schools, warning them that they need to consistently aim for better achievement.

This isn't the most significant piece of legislation ever written, but its aims are broadly welcome.