The publication of the in December predictably caused some concern in multi-academy trusts and their academies.
Arguably, no other part of the education and schools system will be more directly impacted, with ministers gaining new powers to intervene if they are found to be breaking rules and forcing them to fall into line with maintained schools on teaching and pay.
So, what are the key aspects of the bill that are likely to affect your trust?
National pay scales for all teachers
For the first time, MATs and academies will have to follow national pay scales and conditions of service agreements, which is intended to give schools 鈥済reater flexibility to attract and retain the best teachers鈥.
Following concerns from the sector, the Department for Education is to ask the School Teachers鈥 Review Body to look at how flexibility for academies can remain in place and confirmed that teachers鈥 pay would not be cut. Instead, minimum pay scales will apply with no specified maximum.
The enforcement of national pay scales will include headteachers but not the salaries of academy trust executives.
Qualified teacher status
Currently, all new teachers entering maintained school classrooms must have, or be working towards qualified teacher status, and must complete a statutory induction period.
In future, the same requirements will apply to academies and teachers employed after September 2026. This may have cost implications in terms of training and time off, but the Government said it would provide grant funding to support this expenditure.
Some trusts have expressed concern about their ability to hire subject specialists, particularly for vocational subjects.
Following the national curriculum
Academies will have to follow the national curriculum once the on-going curriculum and assessment review has been completed by Professor Becky Francis, and the Government has responded.
The Department for Education said there was currently a discrepancy between maintained schools and academies which led to inconsistent standards, opportunities and outcomes for pupils attending different schools. However, there will be room for flexibility of teaching under the revised curriculum, which should not restrict academies鈥 wish to innovate.
Again, there may be costs attached to hiring or training staff or adjusting facilities to be able to deliver the curriculum.
Non-compliance powers over trusts
Ministers want to give themselves new powers forcing academy trusts to comply with legal requirements and to 鈥減revent trusts exercising their powers in an unreasonable way鈥.
Under existing practices, academies are in breach of their funding agreements if they fail to meet legal obligations, which might result in a termination warning notice.
The new bill will give the Government the power to issue a mandatory order via a court to enforce a direction. This might include failing to cooperate with new requirements introduced as part of the bill, such as collaborating with councils on admissions, or failing to follow the national curriculum.
Those failing to comply may be fined or even found to be in contempt of court and face a custodial sentence.
Ministers plan to make public any new academy compliance orders they issue and will name the trustees on the order.
Admissions controls for councils
The bill proposes handing more control over admissions to local authorities with the power to direct academies to admit children.
Councils will also have the right to object to decisions by academies to change their published admissions number or capacity, with the schools adjudicator having the final say over numbers.
The proposal has led to concerns about limiting pupil numbers and the growth of popular schools, and the possible 鈥渟haring out鈥 of pupils from a good schools to prop up those that are struggling.
An end to automatic academy orders
Failing local authority schools , and the current legal duty on ministers to issue academy orders will be scrapped. Councils will also now have powers to set up their own schools.
However, the worst performing schools may remain subject to an academy order from the Secretary of State, depending on the circumstances and severity of the challenges, though other methods of securing school improvement may be sought.
Revival of the New Schools Network
Concerns among academies and MATs over the reforms outlined in the Bill have led to the revival of the New Schools Network, which formerly supported free school bids.
It will be headed by Meg Powell-Chandler, a former Conservative special adviser to education secretary, Damian Hinds, who said the new government鈥檚 review of free school projects and the proposals to roll back academy freedoms had prompted the revival.
鈥淭he Government is right to focus on raising standards in education, but the proposed legislation risks doing the exact opposite, turning back the clock on one of the most transformative periods of educational reform in recent history,鈥 Powell-Chandler said.
鈥淭he freedoms granted to academies and free schools have been the foundation of their success, enabling them to innovate and excel.鈥
The Children’s Wellbeing and Schools Bill is currently at the committee stage.
