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

Part 1 Mainstream schools

Contact Details

1.  The name of the proposer or proposers and a contact address.

2.  Whether the proposals are being submitted independently or jointly with another proposer or proposers.

Category

3.  The type of school that it is proposed be established (a foundation school and, if so, whether it is to have a foundation, a voluntary school or a community school) and, if required by section 10, a statement that the Secretary of State’s consent has been obtained to publication of the proposals.

Consultation

4.  A statement to the effect that all applicable statutory requirements to consult in relation to the proposals have been complied with.

5.  Evidence of the consultation before the proposals were published including—

(a) a list of persons and/or parties who were consulted;

(b) minutes of all public consultation meetings;

(c) the views of the persons consulted; and

(d) copies of all consultation documents and a statement of how these were made available.

Objectives

6.  The objectives of the proposal.

Extended Services

7.  Information on the extended services which it is envisaged will be provided on the site of the school.

Pupil numbers and admissions

8.  Information on—

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

(b) the upper and lower age limits of the school;

(c) 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;

(d) where it is intended that it should provide nursery education, the number of pupils for whom it is intended that such education should be provided;

(e) where it is intended that the school should provide for boarding pupils, the number of pupils for whom it is intended such facilities should be provided;

(f) the number of pupils to be admitted to the school in each relevant age group in the first school year in which the proposals will be 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 that the proposals will be implemented;

(g) 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.

Ethos/Religious Character

9.  A short statement suitable for publication setting out the proposed ethos of the school, including details of any educational philosophy, which it is proposed that the school will adhere to.

10.  If the school is to have a religious character, confirmation of the religion or religious denomination in accordance with whose tenets religious education will, or may be required to be provided at the school; and a statement that the proposers intend to ask the Secretary of State to designate the school as a school with such a religious character.

Area or community that school serves

11.  The area or particular community or communities which the new school is expected to serve.

Admission Arrangements

12.  An indication of the proposed admission arrangements and over-subscription criteria for the new 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 religion or religious denomination; and

(b) the extent, if any, to which priority is to be given to children of other religions or religious denominations or to children having no religion or religious denomination.

Grammar schools

13.  Where the school is to be established in substitution for one or more discontinued grammar schools, a statement to this effect and a statement that the school may be designated as a grammar school for the purpose of Chapter 2 of Part 3 of SSFA 1998.

Schools with a religious character or particular educational philosophy – parental demand

14.  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; or

(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.

Sixth Form Education

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; and

(c) expand the range of educational or training opportunities,

for 16-19 year olds in the area.

Early Years Provision

16.  Where the proposals are to include provision for pupils aged between 2 and 5, the following information must be provided—

(a) details of how the early years provision will be organised, including the number of full-time and part-time pupils, the number of places, the number and length of sessions in each week, and the services for disabled children that will be offered;

(b) how the school will integrate the early years provision with childcare services, and how the proposals for the establishment of the school are consistent with the integration of early years provision with childcare;

(c) evidence of parental demand for additional provision of early years provision;

(d) assessment of capacity, quality and sustainability of provision in schools, and in settings outside of the maintained school sector who deliver the Early Years Foundation Stage within 3 miles of the school; and

(e) the reasons why schools and settings outside the maintained school sector who deliver the Early Years Foundation Stage within 3 miles of the school and who have spare capacity, cannot make provision for any forecast increase in the numbers of such children.

Specialisms

17.  Whether the 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.

Effects on Standards and Contributions to School Improvement

18.  Information and supporting evidence on:

(a) how the school will contribute to enhancing the diversity and quality of education in the area; and

(b) how the school will help to raise the standard of education in the area and contribute to school improvement.

19.  Information and supporting evidence 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.

Community Cohesion

20.  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, and in relation to secondary school proposals how the new school will collaborate with colleges and training providers.

Single sex or co-educational school

21.  Where the school is to admit pupils of a single sex—

(a) evidence of local demand for single sex education and how this will be met if the proposals are approved; and

(b) A statement giving details of the likely effect the alteration will have on the balance of provision of single sex education in the area.

Location

22.  A statement about—

(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 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 including details of any provisions which could obstruct the governing body or the head teacher in the exercise of any of their functions under any of the Education Acts or place indirect pressures upon funding bodies;

(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.

Implementation

23.  The date when it is planned that the proposals will be implemented, or where the proposals are to be implemented in stages, information about each stage and the date on which each stage is planned to be implemented.

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 proposers, 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.

Project Costs

25.  A statement of the estimated capital cost of the proposals and the extent to which the costs are to be met by the proposers and/or the local education authority.

26.  A copy of a confirmation from the Secretary of State or local education authority or the Learning and Skills Council for England (as the case may be) that funds will be made available (including costs to cover any necessary site purchase).

27.  Details of how it is proposed to fund the proposer’s share of the capital costs of implementing the proposals (if any).

Travel

28.  The proposed arrangements for travel of pupils to the school.

Federation

29.  Details of any proposals for the school to be federated with one or more schools (by virtue of section 24 of EA 2002 and section 12).

Curriculum

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

Voluntary aided schools

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

(a) details of the trusts on which the site is to be held; and

(b) confirmation that governing body will be able and willing to carry out their obligations under Schedule 3 to SSFA 1998.

Staff

32.  An outline of the proposed senior staffing at the new school.

Foundation Schools

33.  Where the school is to be a foundation school, confirmation as to whether the new school—

(a) will have a foundation established otherwise than under SSFA 1998 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 SSFA 1998; or

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

34.  Where the school is to be a foundation school which has a foundation—

(a) the name of the foundation where known;

(b) the rationale for the foundation and the particular ethos that it will bring to the school;

(c) the details of membership of the foundation, including the names of the members;

(d) the entitlement to appoint charity trustees and the number of trustees to be appointed;

(e) the proposed constitution of the governing body;

(f) details of the foundation’s charitable objects;

(g) where the majority of governors are to be foundation governors, a statement that a parent council will be established in accordance with section 23A of EA 2002;

(h) a statement that the requirements set out in the School Organisation (Requirements as to Foundations) (England ) Regulations will be met;

(i) a statement of how the foundation will contribute to the advancement of education at the school and how it is envisaged it will help to raise standards; and

(j) a statement of how the foundation will contribute to the advancement of community cohesion and the impact the foundation will have on the diversity of school provision in the area.

Special educational benefits

35.  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.

36.  Details of the proposed policy of the school relating to the education of pupils with special educational needs.

37.  Where the school will replace existing educational provision for children with special educational needs

(a) a statement on how the proposer believes the proposal is likely to lead to improvements in the standard, quality and/or range of educational provision for these children;

(b) Details of the specific educational benefits that will flow from the proposals in terms of—

(i) improved access to education and associated services including the curriculum, wider school activities, facilities and equipment with reference to the local education authority’s Accessibility Strategy;

(ii) improved access to specialist staff, both education and other professionals, including any external support and/or outreach services;

(iii) improved access to suitable accommodation; and

(iv) improved supply of suitable places.

Relevant experience of proposers

38.  Evidence of any relevant experience in education held by the proposer, or proposers (other than a local authority) including details of any involvement in the improvement of standards in education.

Planning permission

39.  Where the establishment of the new school involves development for the purpose of the Town and Country Planning Act 1990, a statement as to whether planning permission has been obtained and, if it has not been obtained, details of when it is anticipated that it will be obtained

Independent schools entering the maintained sector

40.  A statement that the requirements of section 11 (3) are met

41.  A statement as to whether the premises will meet the requirements of the Education (School Premises) Regulations 1999 and, if not,

(a) details of how the premises are deficient; and

(b) details of how it is intended to remedy the deficiency.