Academy arrangements
Section 1: Academy arrangements
12.This section replaces similar existing provisions in section 482 of the EA 1996. It enables the Secretary of State to make ‘Academy arrangements’ with another person, to establish and run an Academy. That person will be funded by the Secretary of State further to either a contractual agreement (an ‘Academy agreement’) or, by new subsection (2)(b), through grant funding under section 14 of the Education Act 2002 (‘the EA 2002’) (‘arrangements for Academy financial assistance’) .
13.If the Academy is to be a mainstream school (rather than a special school) then it must have the characteristics specified at subsection (6) which include having a balanced and broadly based curriculum, having a specialism (if secondary education is provided) and providing education for mainly local pupils, of all abilities. Special schools which become Academies need not have those characteristics but will continue to be specially organised to make special educational provision for pupils with special educational needs. Subsections (7) and (8) provide that, where an Academy is a mainstream school, Academy arrangements must impose obligations upon the proprietor of the school that are equivalent to those that are imposed on governing bodies of maintained schools in Chapter 1 of Part 4 of the EA 1996 and in regulations made under that Chapter. These obligations relate to the provision of education for pupils with special educational needs. Subsection (9) provides that an Academy may not charge for admission or attendance at the school or for education provided there except as provided for under the Academy arrangements.
Section 2: Payments under Academy agreements
14.Subsections (1) to (4) of this section make provision about the terms of an Academy agreement (as opposed to Academy financial assistance, which will be given in accordance with sections 14 to 16 of the EA 2002). Subsection (1) enables an Academy agreement to provide for capital as well as current expenditure (such as running costs). Subsection (2) provides that payments under an Academy agreement must continue (provided its terms are complied with) for a minimum period of 7 years or indefinitely with 7 years’ notice. Subsections (3) and (4) provide that Academy agreements may include terms for repayment of funding to the Secretary of State and for the Secretary of State to provide an indemnity to the person entering into an Academy agreement in the event of termination of the agreement. Subsection (5) amends the School Finance (England) Regulations 2008 (S.I 2008/228) to provide that expenditure in respect of services for making provision for Academy pupils with low incidence special educational needs or disabilities becomes a class of expenditure for the purposes of the non-schools education budget. The effect of this is that each local authority must charge expenditure in respect of those services to its non- schools education budget. The Department considers that for these purposes ‘low incidence special educational needs’ will include severe multi-sensory impairments; severe visual impairments; severe/ profound hearing impairments; and profound and multiple learning difficulties. Subsection (6) enables the Secretary of State to make alternative arrangements where a local authority fails to secure satisfactory provision for pupils with low incidence special educational needs or disabilities.
