Part II New framework for maintained schools
C7 Chapter II Establishment, alteration or discontinuance of schools
Special schools maintained by F2LEAs in Wales
Words in s. 31 cross-heading substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 22; S.I. 2007/935, art. 7(o)
I1C1C2C8C931 Proposals for establishment, alteration or discontinuance of community or foundation special school F3in Wales.
1
Where a local education authority F5in Wales intend—
a
to establish a new community or foundation special school, or
b
to make any prescribed alteration to such a school, or
c
to discontinue such a school,
the authority shall publish their proposals under this section.
2
Where the governing body of a foundation special school F6in Wales propose—
a
to make any prescribed alteration to the school, or
b
to discontinue the school,
the governing body shall publish their proposals under this section.
C33
Proposals under this section shall—
a
contain such information, and
b
be published in such manner,
as may be prescribed.
F14A
Before publishing any proposals under this section to make any prescribed alteration to a school, or to discontinue a school, the relevant body shall consult—
a
the registered parents of registered pupils at the school,
b
any local education authority which maintain a statement under section 324 of the Education Act 1996 (statement of special educational needs) in respect of a registered pupil at the school, and
c
such other persons as appear to the relevant body to be appropriate.
4B
Before publishing any proposals under this section to establish a new school, the relevant body shall consult such persons as appear to them to be appropriate.
4C
In discharging their duty under subsection (4A) or (4B) the relevant body shall have regard to any guidance given from time to time by the F7Assembly.
F85
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C46
F9... The relevant body shall send—
a
a copy of F10any proposals published under this section, and
b
such information in connection with those proposals as may be prescribed,
to the F11Assembly.
C57
The relevant body shall also send a copy of any proposals to which subsection F12... (6) applies to such other bodies or persons as may be prescribed.
8
Schedule 6 has effect F13... in relation to the procedure for dealing with proposals under this section and their implementation.
C69
In this section “the relevant body” means the local education authority or governing body mentioned in subsection (1) or (2) (as the case may be).
32 Direction requiring discontinuance of community or foundation special school F4in Wales.
1
The F14Assembly may, if F15it considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school F16in Wales, give a direction to the local education authority by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.
2
A direction under subsection (1) may require the local education authority to notify any persons or class of persons specified in the direction.
3
Before giving a direction under subsection (1), the F17Assembly shall consult—
a
the local education authority;
b
any other local education authority who would in F18its opinion be affected by the discontinuance of the school;
c
in the case of a foundation special school which has a foundation, the person who appoints the foundation governors; and
d
such other persons as the F17Assembly considers appropriate.
4
On giving a direction under subsection (1) the F19Assembly shall give notice in writing of the direction to the governing body of the school and its head teacher.
5
Where a local education authority are given a direction under subsection (1), they shall discontinue the school in question on the date specified in the direction; and nothing in section 31 or 33 applies to any such discontinuance of the school under this section.
Pt. II Chapter II modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.