LABOR'S long-awaited school funding reform legislation will have to be changed in the new year after a funding agreement is signed.
The federal government has come under fire for the legislation it plans to put to parliament in a fortnight, a draft form of which was publicly released by the coalition on Thursday.
Opposition education spokesman Christopher Pyne criticised the draft Australian Education Bill as "all foam and no beer".
In particular he took aim at a clause that says the act "does not create rights or duties that are legally enforceable".
"The draft bill released to the sector is so devoid of substance and so full of motherhood statements the bill itself includes a section making it not legally binding," he said.
"If the prime minister wanted to slap the schools sector and state governments in the face and insult the intelligence of Australians, then this bill delivers on both counts."
A spokeswoman for Schools Minister Peter Garrett said the legislation would be legally enforceable in its final form, however.
"Details of the reforms and funding arrangements will be added to the bill as negotiations with education authorities progress," she told AAP in a statement.
"Once that takes place the legislation will be legally enforceable."
Prime Minister Julia Gillard was clear in her response to the Gonski school funding review in September, saying while Labor would honour its commitment to begin legislating for funding reform by the end of the year, this first bill would be aspirational.
She wants the Council of Australian Governments (COAG) to sign up to a new funding system at its first meeting in 2013.
COAG is expected to consider initial advice on what that system would look like at its meeting on December 7.
The draft bill includes a lengthy preamble outlining the principles underpinning Ms Gillard's "education crusade".
On school funding, it says the commonwealth will give funding for schools or school systems to any state, territory or non-government education authority that signs up to Labor's national plan for school improvement.
It also mentions funding loadings to recognise disadvantaged circumstances of students or schools.
"This bill outlines a Commonwealth commitment to future funding for schooling based on student need as well as a series of reforms aimed at lifting schooling standards," Mr Garrett's spokeswoman said.
Greens Senator Penny Wright asked where had the Gonski review gone?
"This is purely a wishlist and is not legally enforceable and that is totally unacceptable," she said.
"It seems the government have backed themselves into a corner and now released this poor substitute for reform."
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