The School and Early Years Finance (England) Regulations 2013

Regulation 18

SCHEDULE 3 ADDITIONAL REQUIREMENTS, OR FACTORS OR CRITERIA WHICH MAY BE TAKEN INTO ACCOUNT, IN A LOCAL AUTHORITY’S FORMULA UNDER REGULATION 18

PART 1 Applicable only to budget shares for maintained schools

1.  A single sum for primary schools—

(a) other than middle schools, of an equal amount to be given to each school of up to £175,000 per school; and

(b) which are middle schools, of an amount to be calculated per school in accordance with the middle school single sum formula.

2.  A single sum for secondary schools—

(a) other than middle schools, of an equal amount to be given to each school of up to £175,000 per school; and

(b) which are middle schools, of an amount to be calculated per school in accordance with the middle school single sum formula.

3.—(1) Subject to sub-paragraph (5), in respect of pupils at key stages 1 and 2, a single per pupil amount based on the number of pupils in Year 1, Year 2, Year 3, Year 4 and Year 5 to whom either sub-paragraphs (2) and (4), or sub-paragraphs (3) and (4), applies.

(2) This sub-paragraph applies to pupils who achieved fewer than 73 points on the Early Years Foundation Stage Profile under the 2008 Document.

(3) This sub-paragraph applies to pupils who achieved fewer than 78 points on the Early Years Foundation Stage Profile under the 2008 Document.

(4) This sub-paragraph applies to pupils who did not achieve expected development in relation to the relevant early learning goals in the Early Years Foundation Stage Profile under the 2012 Document.

(5) Where, in respect of the total number of pupils in the local authority, the percentage of those pupils to whom sub-paragraph (4) applies is greater than either—

(a) the number of pupils to which sub-paragraph (2) applies, expressed as a percentage of the total pupils in the local authority, where the local authority is using sub-paragraph (2) to determine a single per pupil amount under sub-paragraph (1); or

(b) the number of pupils to which sub-paragraph (3) applies, expressed as a percentage of the total pupils in the local authority, where the local authority is using sub-paragraph (3) to determine a single per pupil amount under sub-paragraph (1),

the authority may moderate the number of pupils to whom sub-paragraph (4) would otherwise apply, in accordance with sub-paragraph (6).

(6) The local authority may moderate the number of pupils to whom sub-paragraph (4) would otherwise apply by multiplying that number by a number between zero and one, but only where the resulting number expressed as a percentage of the number of pupils in the authority, is not less than the number referred to in sub-paragraph (5)(a) or (b), as appropriate.

4.  In respect of pupils at key stages 3 and 4, a single per pupil amount based on—

(a) the number of pupils who were assessed as achieving level 3 or lower in English or mathematics at key stage 2 under any arrangements predating the 2013 Document, and

(b) the number of pupils who were assessed under the 2013 Document as achieving level 3 or lower in mathematics or English reading under the tests referred to in paragraph 4.1 of the 2013 Document or the teaching assessment of English writing.

5.  A single per pupil amount for each pupil, based on the number of pupils in Year 1, Year 2 and at key stage 2 for whom English is not their first language, where either—

(a) the pupil was not recorded as attending a school or schools in England on any school census before 6th October 2011;

(b) the pupil was not recorded as attending a school or schools in England on any school census before 4th October 2012; or

(c) the pupil was not recorded as attending a school or schools in England on any school census before 3rd October 2013.

6.  A single per pupil amount for each pupil, based on the number of pupils at key stages 3 and 4 for whom English is not their first language, where either—

(a) the pupil was not recorded as attending a school or schools in England on any school census before 6th October 2011;

(b) the pupil was not recorded as attending a school or schools in England on any school census before 4th October 2012; or

(c) the pupil was not recorded as attending a school or schools in England on any school census before 3rd October 2013.

7.—(1) Where the total number of pupils to whom sub-paragraph (2)(a) and (b) applies is more than 10% of the total number of pupils at key stages 1 and 2 in the school, a single per pupil amount for every pupil in excess of the said 10%.

(2) This sub-paragraph applies to—

(a) pupils at key stages 1 and 2 who joined in the previous three academic years at any time other than August or September, excluding pupils who joined the school in the nursery class, if the school has such a class;

(b) pupils at key stages 1 and 2 who joined in the reception class at any time other than January, in the previous three academic years.

8.  Where the total number of pupils at key stages 3 and 4 who joined the school in the last three academic years at any time other than August or September is more than 10% of the total number of pupils at key stages 3 and 4, a single per pupil amount for every pupil in excess of the said 10%.

9.  A single per pupil amount, based on the number of pupils who were looked after children on 31st March 2013.

10.  Funding for schools with split sites, where the funding must be in accordance with criteria published by the authority.

11.  Non-domestic rates payable in respect of the premises of each school (including actual or estimated cost).

12.  Payments in relation to a private finance initiative (including actual or estimated cost).

13.  Differential salaries of teachers at schools in the county councils of Buckinghamshire, Essex, Hertfordshire, Kent or West Sussex due to the schools being in different London salary weighting areas.

14.—(1) In respect of all primary schools to which sub-paragraph (2) applies, other than those which are middle schools or all-through schools, an amount calculated in accordance with sub-paragraphs (3) and (4)—

(2) This sub-paragraph applies where—

(a) in respect of those pupils for which the school is their home school, the mean of the distances between each pupil’s home and their second closest school is more than or equal to a distance determined by the local authority of at least two miles and the same distance must be applied to all such schools; and

(b) the number of pupils in the school is less than a number determined by the authority, such number must be no more than 150 and the same number must be applied to all such schools.

(3) Subject to sub-paragraph (4), the amount is either—

(a) a single sum of up to £100,000, and each school must be allocated the same sum, or

(b) a sum of the amount where—

• A is a sum of up to £100,000, and the same sum must be used in the calculation for each school

• B is the number of pupils in the school

• C is the number determined by the authority in sub-paragraph (2)(b).

(4) The authority must use the same method of calculating the amount under sub-paragraph (3) in respect of all schools to which sub-paragraph (2) applies.

15.—(1) Where sub-paragraph (2) applies in respect of secondary schools, primary schools which are middle schools and primary schools which are all-through schools, an amount calculated in accordance with sub-paragraphs (3) and (4)—

(2) This sub-paragraph applies where—

(a) in respect of those pupils for which the school is their home school, the mean of the distances between each pupil’s home and their second closest school is more than or equal to a distance determined by the local authority of at least—

(i) two miles in respect of middle schools,

(ii) two miles in respect of all-through schools,

(iii) three miles in respect of secondary schools other than middle schools or all-through schools; and

(b) the number of pupils in the school is less than a number determined by the authority, such number must be no more than 600 and the same number must be applied to all of the schools listed in Paragraph (2)(a)(i) to (iii).

(3) Subject to sub-paragraph (4) the amount is either—

(a) a single sum of up to £100,000, and each school must be allocated the same sum, or

(b) a sum of the amount where—

• A is a sum of up to £100,000, and the same sum must be used in the calculation for each school

• B is the number of pupils in the school

• C is the number determined by the authority in sub-paragraph (2)(b).

(4) The authority must use the same method of calculating the amount under sub-paragraph (3) in respect of all schools to which sub-paragraph (2) applies.

PART 2 Applicable only to budget shares for, and amounts to be allocated to, providers of prescribed early years provision

16.  Incidence of looked after children.

17.  Prior attainment of pupils entering a school or children entering a relevant early years provider, exempt early years provider or school where they will receive community early years provision.

18.  Pupils and children for whom English is not their first language.

19.  A single sum for each school, relevant early years provider, exempt early years provider and school providing community early years provision, which may vary according to the type of provider.

20.  Funding for schools, relevant early years providers, exempt early years providers and schools providing community early years provision with split sites, where the funding must be in accordance with criteria published by the authority.

21.  Non-domestic rates payable in respect of the premises of each school, relevant early years provider, exempt early years provider or school providing community early years provision (including actual or estimated cost).

22.  Payments in relation to a private finance initiative (including actual or estimated cost).

23.  Differential salaries of teachers at schools in the county councils of Buckinghamshire, Essex, Hertfordshire, Kent or West Sussex due to the schools being in different London salary weighting areas.

24.  The need to improve the quality of provision by particular providers or types of provider.

25.  The degree of flexibility in the hours of attendance that a provider makes available.

26.  The need to secure or sustain a sufficiency of prescribed early years provision within the authority’s area or any sub-area within that area; and in this paragraph “sub-area” means—

(a) an electoral division or ward of the authority; or

(b) such other appropriate geographical division into which the authority have notionally divided their area.