The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007

Proposals published by a local education authority under section 7 relating to community or community special schools

9.—(1) A local education authority may publish proposals under section 7(5)(b)(ii) for the establishment of a community or community special school without the consent of the Secretary of State, if on the day when the competition notice is published, the authority have a current APA rating of 4.

(2) A local education authority may publish proposals under section 7(5)(b)(ii) for the establishment of a community school with the consent of the Secretary of State, if on the day when the competition notice is published, the authority meets either of the following conditions—

(a) a current APA rating of at least 3; or

(b) a current APA rating of 2 and, subject to paragraphs 3 and 4, either or both of—

(i) less than 15% of community, foundation and voluntary schools in the area of the authority are, for the purposes of Part 4 of the Act, eligible for intervention by virtue of section 62 (special measures) or section 61 (significant improvement);

(ii) more than 15% of all relevant schools (except special schools) in the area of the authority comprise in total any of foundation schools, voluntary schools, Academies, city technology colleges or city colleges for the technology of the arts.

(3) Where a local education authority propose to publish proposals for the establishment of a community school which is a primary school, the reference in paragraph (2)(b)(i) to “community, foundation and voluntary schools” is to be read as a reference to “community, foundation and voluntary primary schools”.

(4) Where a local education authority propose to publish proposals for the establishment of a community school which is a secondary school, the reference in paragraph (2)(b)(i) to “community, foundation and voluntary schools” is to be read as a reference to “community, foundation and voluntary secondary schools”.

(5) A local education authority may publish proposals under section 7(5)(b)(ii) for the establishment of a community special school with the consent of the Secretary of State, if, on the day when the competition notice is published, the authority have a current APA rating of 3 or 2.

(6) The matters to which the Secretary of State is to have regard in determining whether to give consent under section 8(1)(b) for the establishment of a community or community special school include the extent of diversity among relevant schools, and—

(a) the range of curricular specialisms;

(b) the range of extended services;

(c) general standards of attainment;

(d) the range of special educational needs specialisms; and

(e) the availability of boarding or respite provision,

within relevant schools.