Education Act 1996

371 Functions of governing body: county, controlled and maintained special schools

(1) This section applies to the articles of government for a county, controlled or maintained special school.

(2) The articles shall require the governing body to consider—

(a) the policy of the local education authority as expressed in the statement made by the authority under section 370,

(b) what, in the governing body’s opinion, should be the aims of the secular curriculum for the school, and

(c) how (if at all) the authority’s policy with regard to matters other than sex education should in their opinion be modified in relation to the school,

and to make, and keep up to date, a written statement of their conclusions.

(3) The articles shall require the governing body—

(a) to consider separately (while having regard to the local education authority’s statement under section 370) the question whether sex education should form part of the secular curriculum for the school, and

(b) to make, and keep up to date, a separate written statement—

(i) of their policy with regard to the content and organisation of the relevant part of the curriculum, or

(ii) where they conclude that sex education should not form part of the secular curriculum, of that conclusion.

(4) The articles shall require the governing body—

(a) when considering the matters mentioned in subsections (2) and (3), to do so in consultation with the head teacher and to have regard to any representations—

(i) which are made to them by any persons connected with the community served by the school, or

(ii) which are made to them by the chief officer of police and are connected with his responsibilities; and

(b) to consult the local education authority before making or varying any statement under subsection (2).

(5) The articles shall provide that the governing body may review their conclusions about the matters mentioned in subsection (2) or (3) whenever they think fit, and that they shall do so immediately following—

(a) the implementation of any proposals of a kind mentioned in subsection (7) which materially affect the school, or

(b) the implementation of any proposal under section 339 (establishment, alteration and discontinuance of maintained special school).

(6) The articles shall require the governing body, where they have completed such a review and consider it appropriate to make a fresh statement, to do so.

(7) The kinds of proposals referred to in subsection (5) are—

(a) proposals under section 35 (establishment, alteration etc. of a county school) or section 41 (establishment, alteration etc. of a voluntary school); and

(b) proposals for a voluntary school to be transferred to a new site in pursuance of an order under section 47;

and the reference above to proposals under section 35 includes a reference to proposals which would fall to be published by virtue of that section but for subsection (2)(b) of that section.

(8) In relation to sex education, this section has effect subject to section 404(3).