The Education (New Secondary School Proposals) (England) Regulations 2006

Regulation 3

SCHEDULE 1 OTHER MATTERS TO BE SPECIFIED IN A NOTICE INVITING PROPOSALS FOR A SECONDARY SCHOOL

1.  The reason why the new secondary school is considered necessary.

2.  An explanation of—

(a) the location of the proposed site (including details of whether the school is to occupy a single or split site), including where appropriate the postal address or addresses;

(b) the reason for the choice of site;

(c) the area or particular community or communities the school is expected to serve;

(d) the accessibility of the site (or if the school is to occupy a split site the accessibility of the accommodation);

(e) the proposed arrangements for transport of pupils to the new school and a statement about other sustainable transport alternatives where pupils are not using transport provided, and how the school will seek to discourage car use in the school area;

(f) the tenure (freehold or leasehold) on which the site will be held, and if the site is to be held on a lease, details of the proposed lease; and

(g) the effect of paragraphs 13(4) and 14(5) of Schedule 10 to the Act (that the local education authority must transfer their interest in the site to the school’s trustees, foundation body, or governing body).

3.  The date on which the school should open or where it is proposed that there should be transitional arrangements, the dates on which each stage should be implemented.

4.  Information on—

(a) the number of pupil places the school should provide;

(b) the upper and lower age limits of the proposed school and, where it is intended that it should provide sixth form education, the number of pupils for whom it is intended that such education should be provided;

(c) the number of pupils to be admitted to the proposed school in each relevant age group in the first school year in which the proposals have been implemented or, where it is intended that the proposals should be implemented in stages, the number of pupils to be admitted to the proposed school in each stage ;

(d) whether it is proposed that the school should admit pupils of both sexes or boys or girls only and, in the case of a single sex school where it is intended to provide sixth form education, whether both sexes or boys or girls only are to be admitted to the sixth form;

(e) whether the new school should make provision which is recognised by the local education authority as reserved for children with special educational needs, and if so the range of special needs and the number of pupils for which provision is proposed; and

(f) the estimated capital costs of providing the school (such an estimate to be made in accordance with the guidance provided at pages 17 to 19 of Department for Education and Skills Guidance “Education Building Projects - Information on Costs and Performance Data - Schools Building and Design Unit”, (reference DfES/0288/2003) (ISBN 1 84185 950 8) issued in April 2003).

5.  An explanation that proposals should be in line with requirements set out in paragraph 4 above, but that proposals that do not comply with all of the requirements but meet the need for secondary places in the area will be considered.

6.  The address of the local education authority, and the name of the person to whom proposals should be addressed.

7.  The date, being not less than four months from the date of publication of the notice, by which proposals must be submitted to the local education authority.

8.  A brief explanation of the procedure to be followed after the date when proposals must be received by the local education authority.

9.  The requirement that any proposals made pursuant to a notice published under section 66(1) must contain the information required by Part 1 of Schedule 2.

10.  A statement that the local education authority will meet the capital costs of implementing the proposals to the extent required by any enactment.

11.  The types of and extent of extended services the school is expected to provide.

SCHEDULE 2

Regulation 7

PART 1 INFORMATION TO BE CONTAINED IN PROPOSALS TO ESTABLISH A SECONDARY SCHOOL MADE BY A PROMOTER OTHER THAN THE LOCAL EDUCATION AUTHORITY

1.  The name of the promoter, or promoters, and a contact address.

2.  Whether the proposals are being submitted independently or jointly with another promoter or promoters.

3.  The type of school falling within section 66(2) that the promoters propose to establish (a foundation school, a voluntary school or an Academy).

4.  The area or particular community or communities the school is expected to serve.

5.  The proposed ethos of the school, and if the school is to have a religious character, information about the religious character, or if it is to adhere to a particular philosophy, information about that philosophy.

6.  An indication of the proposed admission arrangements and over-subscription criteria for the proposed school including, where the school is proposed to be a foundation or voluntary school or Academy which is to have a religious character—

(a) the extent to which priority for places is proposed to be given to children of the school’s faith or denomination; and

(b) the extent if any to which priority is to be given for any places to children of other faiths or denominations or to children in specified groups regardless of their faith or denomination.

7.  Whether it is intended that the proposed admission arrangements for the school will make provision for selection by ability as is mentioned in section 101 of the 1998 Act (pupil banding).

8.  Evidence of any relevant experience in education held by the promoter, or promoters. In particular, details of any involvement in the improvement of standards in education.

9.  Where the school is—

(a) proposed to have a religious character, evidence of the demand in the area for education in accordance with the tenets of the religion;.

(b) proposed to adhere to a particular philosophy, evidence of the demand for education in accordance with the philosophy in question that is not already met in other maintained schools or Academies in the area.

10.—(1) A statement that special educational needs provision will be in line with that specified in the notice or, where it will not, the nature of any such provision and the proposed number of pupils for whom such provision is to be made.

(2) Details of the proposed policy of the school relating to the education of pupils with special educational needs.

11.  Where it is proposed that the school will provide sixth form education, how the proposals will—

(a) improve the educational or training achievements;

(b) increase participation in education or training; or

(c) expand the range of educational or training opportunities

for 16-19 year olds in the area.

12.  Whether the proposed school will have any specialisms on implementation and whether the promoter intends to apply to the Secretary of State for the school to be a specialist school from implementation.

13.  Information on how the school would contribute to enhancing the diversity and quality of education in the area.

14.  Information on how the school will help to raise the quality and standard of education in the area and contribute to school improvement.

15.  Information on the extended services which will be provided.

16.  Information on how the proposals will contribute to enabling children and young people to: be healthy; stay safe; enjoy and achieve; make a positive contribution to the community and society and achieve economic well-being.

17.  The following information relating to the proposals—

(a) how the school will promote and contribute to community cohesion;

(b) how the school will increase inclusion and equality of access for all social groups; and

(c) how the school will collaborate with other schools, colleges and training providers.

18.  Confirmation that the size, age-range and admission number of the school will be in line with the specification in the notice, or, if this is not the case, the proposed details.

19.  Confirmation that the promoter is satisfied that accommodation will be adequate to meet the number of pupil places specified in paragraph 4 of Schedule 1.

20.  Whether the new school will admit pupils of both sexes or boys only or girls only and, in the case of a single sex school where it is intended to provide sixth form education, whether both sexes or boys or girls only are to be admitted to the sixth form.

21.  Confirmation that the school will be established on the site specified in the notice or where that is not the case—

(a) the location of the site (including where appropriate the postal address or addresses if the school is to occupy a split site);

(b) whether the school will occupy a single or split site;

(c) the accessibility of the site (or if the school is to occupy a split site the accessibility of the accommodation);

(d) the current ownership and tenure (freehold or leasehold) of the site, the estimated cost of providing the site and the proposed use of any buildings already on the site;

(e) details of the tenure (freehold or leasehold) on which the site of the school will be held, and if the site is to be held on a lease, details of the proposed lease;

(f) whether the site is currently used for the purposes of another school which will no longer be required for the purposes of that school. If so, provide details as to why the site will no longer be required for the purposes of that school; and

(g) the estimated costs of providing the site and a statement about how the costs will be met.

22.  Confirmation that the proposals will be implemented in line with the timing in the notice published by the local education authority or, if this is not the case, the date when it is planned that the proposals will be implemented, or where the proposals are to be implemented in stages, the date on which each stage is planned to be implemented.

23.  Confirmation that the promoters consider that the costs of establishing the proposed school can be met within the estimate of capital costs of providing the school outlined in the notice published by the local education authority and where they cannot be met within that estimate, how any shortfall will be met.

24.  Where the proposals are to establish a voluntary controlled or foundation school a statement as to whether the proposals are to be implemented by the local education authority or by the promoters, and if the proposals are to be implemented by both—

(a) a statement as to the extent that they are to be implemented by each body; and

(b) a statement as to the extent to which the capital costs of implementation are to be met by each body.

25.  Details of how the promoter proposes to fund his share (if any) of the capital costs of implementing the proposals.

26.  The proposed arrangements for transport of pupils to the school.

27.  Details of any proposals for the school to be federated with one or more schools (by virtue of sections 24 and 74(1) of the 2002 Act).

28.  Confirmation that the school will meet the general requirements in relation to curriculum contained in section 78 of the 2002 Act and an outline of any provision that will be in addition to the basic curriculum required by section 80 to the 2002 Act, in particular any 14-19 vocational education.

29.  In addition, where the proposed school is to be a voluntary aided school—

(a) details of the trusts on which the site is to be held together with details of any arrangements to secure that, if the school is discontinued or transfers to a new site, the proceeds of sale of the site will be available for use in connection with another maintained school;

(b) the amount of capital grant under paragraph 5 or 6 of Schedule 3 to the 1998 Act for which it is intended that an application should be made;

(c) confirmation that the governing body will be able and willing to carry out their obligations under Schedule 3 to the 1998 Act;

(d) details of the proposed ownership of the site; and

(e) confirmation that the proceeds of sale of other premises will be available to the trustees where that is the case.

30.  Where the school is to be a foundation school—

(a) details of any trusts on which the site is to be held together with details of any arrangements to secure that, if the school is discontinued or transfers to a new site, the proceeds of sale of the site will be available for use in connection with another maintained school; and

(b) confirmation as to whether the school—

(i) will have a foundation established otherwise than under the 1998 Act and if so the identity of that foundation;

(ii) will belong to a group of schools for which a foundation body acts under section 21 of the 1998 Act; or

(iii) will not fall within sub-paragraph (i) or (ii).

31.  An outline of the proposed senior staffing at the school.

Regulation 8

PART 2 INFORMATION TO BE CONTAINED IN PUBLISHED PROPOSALS TO ESTABLISH A SECONDARY SCHOOL WHERE THE PROPOSER IS THE LOCAL EDUCATION AUTHORITY

1.  The name of the local education authority submitting the proposals together with the name and address of the person to whom enquiries should be sent.

2.  Whether the school is to be a community or foundation school.

3.  The area or particular community or communities the school is expected to serve.

4.  The proposed ethos of the school.

5.  Whether the proposed school will have any specialisms on implementation and whether the local education authority intends to apply to the Secretary of State for the school to be a specialist school from implementation.

6.  Information on how the school would contribute to enhancing the diversity and quality of education in the area.

7.  Information on how the school will help to raise the quality and standard of education in the area and contribute to school improvement.

8.  Information on the extended services which will be provided.

9.  Information on how the proposals will contribute to enabling children and young people to: be healthy; stay safe; enjoy and achieve; make a positive contribution to the community and society and achieve economic well-being.

10.  The following information relating to the proposals—

(a) how the school will promote and contribute to community cohesion;

(b) how the school will increase inclusion and equality of access for all social groups; and

(c) how the school will collaborate with other schools, colleges and training providers.

11.  An indication of the admission arrangements and over-subscription criteria for the proposed school.

12.  Confirmation that the size, age-range and admission number of the school will be in line with the specification in the notice, or, if this is not the case, the proposed details.

13.  The date on which the proposals are planned to be implemented, or where the proposals are planned to be implemented in stages, the date on which each stage is planned to be implemented.

14.—(1) Information as to whether the school will have provision that is recognised by the local education authority as reserved for children with special educational needs and, if so, the nature of such provision and the proposed number of pupils for whom such provision is to be made.

(2) Details of the proposed policy of the school relating to the education of pupils with special educational needs.

15.  Where it is proposed that the school will provide sixth form education, how the proposals will—

(a) improve the educational or training achievements;

(b) increase participation in education or training; or

(c) expand the range of educational or training opportunities

for 16-19 year olds in the area.

16.  Whether the new school will admit pupils of both sexes or boys only or girls only and, in the case of a single sex school where it is intended to provide sixth form education, whether both sexes or boys or girls only are to be admitted to the sixth form.

17.  The proposed arrangements for transport of pupils to the school.

18.  Details of any proposals for the school to be federated with one or more schools (by virtue of sections 24 and 74(1) of the 2002 Act).

19.  Confirmation that the school will meet the general requirements in relation to curriculum contained in section 78 of the 2002 Act and an outline of any provision that will be in addition to the basic curriculum required by section 80 to the 2002 Act.

20.  An outline of the proposed senior staffing at the school.

21.  Where the school is to be a foundation school a statement as to whether the school—

(a) will have a foundation established otherwise than under the 1998 Act and if so the identity of that foundation;

(b) will belong to a group of schools for which a foundation body acts under section 21 of the 1998 Act; or

(c) will not fall within sub-paragraph (a) or (b).

22.  Whether it is proposed that the new admission arrangements for the school will make provision for selection by ability as is mentioned in section 101 of the 1998 Act (pupil banding).

Regulation 24

SCHEDULE 3 PROVISIONS OF SCHEDULE 10 APPLYING TO PROPOSALS PUBLISHED UNDER SECTION 66(13)

1.  In relation to proposals published under section 66 which relate to a school which is proposed to be situated in an area other than that of the local education authority who published the notice under section 66, Schedule 10 to the Act must have effect in accordance with the following modifications.

2.  For paragraph 3(1) substitute—

“3— (1) The local education authority—

(a) in cases where the notice published by the local education authority pursuant to section 66(1) specifies that the proposed school is to be situated in an area other than its own (“notice specific cases”), the local education authority must send complete copies of all published proposals that have not been withdrawn to the school organisation committee for the area of the local education authority who published the notice (“Committee A”) and to the school organisation committee for the area in which it is proposed that the school will be situated (“Committee B”); and

(b) in cases where the notice published by the local education authority pursuant to section 66(1) does not so specify that the proposed school is to be situated in an area other than their own, but a promoter includes this in his proposals (“non-notice specific cases”), the local education authority must send a copy of the proposals published by that promoter only to Committee B and complete copies of all published proposals that have not been withdrawn to Committee A”.

3.  In paragraph 3(2), omit sub-paragraph (b).

4.  After paragraph 3(2) insert—

“(2A) The local education authority—

(a) in notice specific cases, must send copies of all objections and comments received in accordance with regulations made pursuant to paragraph 3(2)(a) together with the proposals it sends in accordance with the modified paragraph 3(1)(a) to Committee A and Committee B within one week of the expiry of the time period specified in regulations for the making of objections and comments on the proposals; and

(b) in non-notice specific cases must send copies of any objections and comments received in accordance with regulations made pursuant to paragraph 3(2)(a) in respect only of the proposals sent by the local education authority under the modified paragraph 3(1)(b) to Committee B and copies of all objections and comments received on the proposals to Committee A.”

5.  For paragraph 4(1) for “the school organisation committee”, there must be substituted “Committee A”.

6.  For paragraph 4(2) there must be substituted the following sub-paragraph—

“(2) Subject to sub-paragraph (6)(b) and (c), Committee A may, after seeking and, unless Committee B have failed to reach a decision on what recommendation to give, obtaining the recommendation of Committee B—

(a) reject all the proposals;

(b) approve any of the proposals without modification;

(c) approve any of the proposals with such modifications as the committee think desirable after consulting the body who published the proposals and, where the proposals were published to establish a new foundation or voluntary school the local education authority who it is proposed should maintain, the school; or

(d) refer them to the adjudicator if—

(i) they have voted on the proposals; but

(ii) at least two groups of members (within the meaning of the Education (School Organisation Committees) (England) Regulations 1999 did not vote because members of each group had declared an interest in the proposals

and if they think it appropriate to do so.”.

7.  After paragraph 4(6), there must be substituted the following—

“(6A) Where under sub-paragraph (2), the recommendation of Committee B is sought, that committee in deciding what recommendation to give, must have regard to any guidance given from time to time by the Secretary of State.

(6B) Where—

(a) under sub-paragraph (2) the recommendation of Committee B is sought; and

(b) in accordance with regulations under paragraph 5 of Schedule 4 to the 1998 Act the question of what recommendation to give to Committee A falls to be decided by a unanimous decision; but

(c) Committee B have failed to reach a decision on what recommendation to give,

Committee B must inform Committee A of that fact.”.

8.  For paragraph 5(1) there must be substituted—

“5— (1) If Committee A—

(a) have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under this paragraph by a unanimous decision but have failed to reach a decision on that matter;

(b) have voted not to accept the recommendation of Committee B; or

(c) have been informed by Committee B under sub-paragraph 6B that Committee B is unable to reach a decision on what recommendation to give

they must refer the proposals to the adjudicator.”.

9.  After paragraph 5(1), there must be inserted—

“(1A) If within two months from the date of receipt of all of the proposals by Committee A from the local education authority, Committee A have failed to make a decision, they must refer all the proposals to the adjudicator.”.

10.  For paragraph 6(1), there must be substituted—

“6— (1) Where any proposals are referred to the adjudicator under sub-paragraph 5(1), 5(1A) or 5(2)—

(a) he must consider the matter afresh;

(b) he may—

(i) reject all the proposals;

(ii) approve any of the proposals without modification; or

(iii) approve any of the proposals with such modifications as the adjudicator may think desirable after consulting the body who published the proposals and, where the proposals were published to establish a new foundation or voluntary school, the local education authority who it is proposed maintain the school;

(c) paragraph 4(2) must apply to the adjudicator in connection with his decision on the proposals as it applies to the relevant committee; and

(d) when deciding whether or not to give any approval under this paragraph the adjudicator must have regard to any guidance given from time to time by the Secretary of State.”.