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Mr Swinney insists that bringing back legislation remains an option if sufficient progress is not made.

It's now the turn of Green MSP Ross Greer to quiz the deputy first minister and he asks if Mr Swinney agrees that pupils and teachers are being judged, but they don't know what they are being judged on.

The education secretary disagrees with the way Mr Greer has put this and insists it is the agreement that will be judged not schools.

On what criteria will you make this judgement, asks Mr Scott.

Mr Swinney says it would be wrong the specify the criteria or to put in place milestones as the agreement already exists.

Some parts of the agreement will take longer to reach than others and targets may shift, he states, arguing he does not want to pre-judge anything.

Lib Dem MSP Tavish Scott seeks a definition of "meaningful empowerment".

Progress on implementing the agreement reached with local government, Mr Swinney replies.

I will make an assessment in the latter part of the year as to whether sufficient progress has been made, he explains, but adds that he does not expect everything to be done within 12 months.

The education secretary says the agreement sets out a direction of travel but does not prescribe what needs to happen - this is what the focus of discussions have been on over the last few months.

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The agreement between the government and Cosla sets out a number of principles, which will now be introduced voluntarily rather than through changing the law.

These principles include:

• Schools should be empowered to make the decisions that most affect outcomes for students
• The principle of empowering head teachers will be applied consistently across Scotland
• Councils will be able to intervene if head teachers breach statutory, financial or contractual obligations

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Education Secretary John Swinney begins by saying the approach that is taken in the empowering schools agenda is critical to delivering improvements in Scottish education.

Mr Swinney insists there has been widespread consultation with parents and pupils.

He says the government has listened to the International Council of Education Advisers that legislation could create a distraction.

The education secretary explains the government decided that school empowerment could be achieved faster by engaging with local government through a collaborative approach.

The Education Bill has been published in draft so that stakeholders can see the clear policy intention.

"We will return to parliament with legislation if meaningful empowerment is not being delivered."

However he is confident that working with local government will deliver this empowerment.

The committee is hearing from:

• Education Secretary John Swinney
• Clare Hicks from the Scottish government
• Andrew Bruce, also from the Scottish government

SNP MSP Clare Adamson pivots to parental engagement, asking how guardians, including foster carers, are involved.

Larry Flanagan of EIS insists this is why a top-down approach would not work.

Engagement is labour intensive, particularly for parents who are not predisposed to engage with schools for various reasons, he states.

Mr Flanagan argues pupils must also feel they have been listened to and this requires resource if engagement is not just box ticking.

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Mr McCabe says he does not think there is anything in the agreement with the government that is not in the legislation, but the legislation is not required.

Larry Flanagan of EIS adds that if this had been done by legislation there would have been no buy in as this would have been something else being done to shools.

He says the "loose talk" around headteachers hiring and firing staff was "completely unacceptable", but the government has refined its position.

Mr Flanagan points to the named person legislation as an example of taking a fairly simple concept and seeing it still tied up six years later.

Labour MSP Johann Lamont says it seems the Scottish government is still getting what it originally planned for - which Cosla and the EIS was against - through a different route.

She asks what is the "shared agenda" agreed by the cabinet secretary and to what extent have the concerns about the legislation been acknowledged.

There has been change in the Scottish government's position, Cllr McCabe insists, and he states Cosla stuck to its fundamental principles, including around headteacher accountability.

We are now satisfied that there are sufficient checks and balances to ensure headteachers remain accountable to their employers, he adds.

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Janie McManus from Education Scotland explains three thematic inspections around empowerment will be carried out and emphasises the importance of parental engagement

Ms Smith insists the key question is: "Will our children be better able to read, write and count by next year?"

Councillor Stephen McCabe from Cosla reiterates that the evidence is there from the attainment challenge that progres is being made.

Mr McCabe again calls for the right resources to do the job.

Tory MSP Liz Smith wonders what made the Scottish government change its mind in the Bill.

I hope they have listened to the representations made by local government, teachers and parents, responds Cllr McCabe.

Ms Smith presses on the reasons given for the U-turn, asking specifically about discussions on taking forward changes without legislation and how this would be measured.

Cllr McCabe explains talks are still ongoing and says the reasons given were simply that change could be delivered quicker.

Jane O'Donnell of Cosla adds the process is still underway but the agreement is very focused on outcomes, which are measured over a longer period of time.

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Scotland has its first ever plan to fully involve parents in their children's education.

A national action plan has been set to encourage parents' involvement and improve links between school and home.

The vision, with more than 50 action points, will be backed up with £350,000 from the Scottish government to help address barriers some parents may face.

Deputy First Minister John Swinney hopes it will help reduce the attainment gap.

The document, called "Learning together", external sets out a vision for parental engagement for the next three years and promises to "raise the bar yet higher", by supporting every parent and family on their "educational journey".

Read more.

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Mr Flanagan says fewer than half of EIS members said they worked in collegial schools two years ago.

The headteachers' charter may be useful, but he does not see it being anywere near as radical as it might have been.

He says if teachers are not involved in the process "the whole thing is a pile of mince".

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The first minister confirmed in the programme for government that a new Headteachers’ Charter, backed by new national guidance, will be published by the end of this year.

Nicola Sturgeon insisted the charter will put headteachers much more in control of the important decisions on curriculum, staffing and budgets that are fundamental to the performance of their schools.

Green MSP Ross Greer wonders if the proposed headteachers' charter is along the lines of what the EIS was seeking originally.

Mr Flanagan explains teachers at all levels should be involved in school leadership discussions, but often they end up focusing on headteachers.

"We are really keen that we stop talking about headteachers per se, but start talking about collegiate practice in schools."

The charter has to focus on how to improve teaching in classrooms so that learning is more effective, which is why a collegiate approach would be more effective than a headteachers charter he argues.

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Councillor Stephen McCabe from Cosla says the objective here is outcomes and ensuring children reach their potential, whether it be children living in poverty or those with additional needs.

Mr McCabe points out progress has been made thanks to the attainment challenge funds.

There is real evidence of cultural change at that local level, he adds.

The education system must be resourced, Mr McCabe insists, calling for local government to be funded to allow this.