The School and Early Years Finance (England) Regulations 2020

Regulation 21

SCHEDULE 3 E+W ADDITIONAL REQUIREMENTS, OR FACTORS OR CRITERIA WHICH MAY BE TAKEN INTO ACCOUNT, IN A LOCAL AUTHORITY’S FORMULA UNDER REGULATION 21

PART 1 E+W Applicable only to budget shares for maintained schools

1.  A single sum for primary schools— E+W

(a) other than middle schools, of an equal amount to be given to each school of up to £175,000 per school; and

(b) which are middle schools, of an amount to be calculated per school in accordance with the middle school single sum formula.

Commencement Information

I1 Sch. 3 para. 1 in force at 21.2.2020, see reg. 1(1)

2.  A single sum for secondary schools— E+W

(a) other than middle schools, of an equal amount to be given to each school of up to £175,000 per school; and

(b) which are middle schools, of an amount to be calculated per school in accordance with the middle school single sum formula.

Commencement Information

I2 Sch. 3 para. 2 in force at 21.2.2020, see reg. 1(1)

3.  In respect of pupils at key stages 1 and 2, a single per pupil amount based on the number of pupils in Years 1 to 6 who did not achieve expected development in relation to the relevant early learning goals in the Early Years Foundation Stage Profile under the 2012 Document, the 2014 Document, or the 2017 Document. E+W

Commencement Information

I3 Sch. 3 para. 3 in force at 21.2.2020, see reg. 1(1)

4.  In respect of pupils at key stages 3 and 4, a single per pupil amount based on the total of— E+W

(a) the number of pupils who were assessed as achieving level 3 or lower in English reading, English writing, or mathematics at key stage 2 under any arrangements predating the 2016 ARA;

(b) the number produced by multiplying the total of the following number of pupils by 0.48—

(i) the number of pupils assessed under the 2016 ARA as achieving a scaled score of 99 or lower in the mathematics or English reading tests referred to in section 4 of the 2016 ARA, and

(ii) the number of pupils not falling within (i) who were given a teacher assessment standard of ‘working towards the expected standard’, or lower, in English writing, referred to in section 9 of the 2016 ARA;

(c) the number produced by multiplying the total of the following number of pupils by 0.58—

(i) the number of pupils assessed under the 2017 ARA as achieving a scaled score of 99 or lower in the mathematics or English reading tests referred to in section 4 of the 2017 ARA, and

(ii) the number of pupils not falling within (i) who were given a teacher assessment standard of ‘working towards the expected standard’, or lower, in English writing, referred to in section 7 of the 2017 ARA;

(d) the number produced by multiplying the total of the following number of pupils by 0.64—

(i) the number of pupils assessed under the 2018 ARA as achieving a scaled score of 99 or lower in the mathematics or English reading tests referred to in section 4 of the 2018 ARA, and

(ii) the number of pupils not falling within (i) who were given a teacher assessment standard of ‘working towards the expected standard’, or lower, in English writing, referred to in section 7 of the 2018 ARA; and

(e) the number produced by multiplying the total of the following number of pupils by 0.65—

(i) the number of pupils assessed under the 2019 ARA as achieving a scaled score of 99 or lower in the mathematics or English reading tests referred to in section 5 of the 2019 ARA, and

(ii) the number of pupils not falling within (i) who were given a teacher assessment standard of ‘working towards the expected standard’, or lower, in English writing, referred to in section 8 of the 2019 ARA.

Commencement Information

I4 Sch. 3 para. 4 in force at 21.2.2020, see reg. 1(1)

5.  A single per pupil amount for each pupil, based on the number of pupils in Year 1, Year 2 and at key stage 2 whose first language is not English, where— E+W

(a) the pupil was not recorded as attending a school or schools in England on any school census before 5th October 2017;

(b) the pupil was not recorded as attending a school or schools in England on any school census before 4th October 2018; or

(c) the pupil was not recorded as attending a school or schools in England on any school census before 3rd October 2019.

Commencement Information

I5 Sch. 3 para. 5 in force at 21.2.2020, see reg. 1(1)

6.  A single per pupil amount for each pupil, based on the number of pupils at key stages 3 and 4 whose first language is not English, where— E+W

(a) the pupil was not recorded as attending a school or schools in England on any school census before 5th October 2017;

(b) the pupil was not recorded as attending a school or schools in England on any school census before 4th October 2018; or

(c) the pupil was not recorded as attending a school or schools in England on any school census before 3rd October 2019.

Commencement Information

I6 Sch. 3 para. 6 in force at 21.2.2020, see reg. 1(1)

7.—(1) Where the total number of pupils to whom sub-paragraph (2)(a) and (b) applies is more than 6% of the total number of pupils at key stages 1 and 2 in the school, a single per pupil amount for every pupil in excess of that 6%. E+W

(2) This sub-paragraph applies to pupils at key stages 1 and 2 who joined the school in the previous three academic years and were first recorded on the school census by the school in the spring or summer, excluding—

(a) pupils who joined the school in the nursery class, if the school has such a class, and

(b) pupils who joined the school in the reception class in January.

Commencement Information

I7 Sch. 3 para. 7 in force at 21.2.2020, see reg. 1(1)

8.  Where the total number of pupils at key stages 3 and 4 who joined the school in the last three academic years and were first recorded on the school census by the school in the spring or summer, is more than 6% of the total number of pupils at key stages 3 and 4, a single per pupil amount for every pupil in excess of that 6%. E+W

Commencement Information

I8 Sch. 3 para. 8 in force at 21.2.2020, see reg. 1(1)

9.  A single per pupil amount, based on the number of pupils who were looked after children on 31st March 2019. E+W

Commencement Information

I9 Sch. 3 para. 9 in force at 21.2.2020, see reg. 1(1)

10.  Funding for schools with split sites, where the funding must be in accordance with criteria published by the authority. E+W

Commencement Information

I10 Sch. 3 para. 10 in force at 21.2.2020, see reg. 1(1)

11.  Non-domestic rates payable in respect of the premises of each school (including actual or estimated cost). E+W

Commencement Information

I11 Sch. 3 para. 11 in force at 21.2.2020, see reg. 1(1)

12.  Payments in relation to a private finance initiative (including actual or estimated cost). E+W

Commencement Information

I12 Sch. 3 para. 12 in force at 21.2.2020, see reg. 1(1)

13.  Differential costs at schools in the county councils of Buckinghamshire, Essex, Hertfordshire, Kent or West Sussex due to the schools’ being in different London salary weighting areas. E+W

Commencement Information

I13 Sch. 3 para. 13 in force at 21.2.2020, see reg. 1(1)

14.—(1) In respect of all primary schools to which sub-paragraph (2) applies, other than those which are middle schools or all-through schools, an amount calculated in accordance with sub-paragraphs (3) to (5). E+W

(2) This sub-paragraph applies where—

(a) in respect of those pupils for whom the school is their home school, the mean of the distances between each pupil’s home and their second closest school is more than or equal to a distance determined by the local authority of at least two miles and the same distance must be applied to all such schools; and

(b) the average size of a year group at the school (derived by dividing the number of pupils by the number of year groups) is less than a number determined by the local authority as applying to all such schools, which must be no more than 21.4.

(3) The amount is calculated in accordance with one of the following methods—

(a) a sum of A, with each school being allocated the same sum;

(b) a sum of the amount A x (1 – B/C); or

(c) a sum determined as follows—

(i) if B is less than 0.5 x C, the sum of A; and

(ii) if B is equal to or more than 0.5 x C, a sum of the amount A x (1-((B – (0.5 x C)) / (0.5 x C))).

(4) For the purposes of this paragraph—

(a) A is a sum of up to £100,000;

(b) B is the average size of a year group at the school (derived by dividing the number of pupils by the number of year groups); and

(c) C is the number determined by the authority in sub-paragraph (2)(b).

(5) The authority must use the same method of calculating the amount under sub-paragraph (3) in respect of all schools to which sub-paragraph (2) applies.

Commencement Information

I14 Sch. 3 para. 14 in force at 21.2.2020, see reg. 1(1)

15.—(1) Where sub-paragraph (2) applies in respect of secondary schools, primary schools which are middle schools and primary schools which are all-through schools, an amount calculated in accordance with sub-paragraphs (3) to (5). E+W

(2) This sub-paragraph applies where—

(a) in respect of those pupils for which the school is their home school, the mean of the distances between each pupil’s home and his or her second closest school is more than or equal to a distance determined by the local authority of at least—

(i) two miles in respect of middle schools,

(ii) two miles in respect of all-through schools, and

(iii) three miles in respect of secondary schools other than middle schools or all-through schools; and

(b) the average size of a year group at the school (derived by dividing the number of pupils by the number of year groups) is less than a number determined by the local authority, which must be no more than—

(i) 69.2 in respect of middle schools,

(ii) 62.5 in respect of all-through schools, and

(iii) 120 in respect of secondary schools other than middle schools or all-through schools,

and the same number must be applied to all the schools of each type listed in this sub-paragraph.

(3) The amount is calculated in accordance with one of the following methods—

(a) a sum of A, with each school being allocated the same sum;

(b) a sum of the amount ; or

(c) a sum determined as follows—

(i) if B is less than 0.5 x C, the sum of A; and

(ii) if B is equal to or more than 0.5 x C, a sum of the amount A x (1-((B – (0.5 x C)) / (0.5 x C))).

(4) For the purposes of this paragraph—

• A is a sum of up to £100,000, and the same sum must be used in the calculation for each school;

• B is the average size of a year group at the school (derived by dividing the number of pupils by the number of year groups); and

• C is the number determined by the authority in sub-paragraph (2)(b).

(5) The authority must use the same method of calculating the amount under sub-paragraph (3) in respect of all schools to which sub-paragraph (2) applies.

Commencement Information

I15 Sch. 3 para. 15 in force at 21.2.2020, see reg. 1(1)

PART 2 E+W Applicable only to budget shares for, and amounts to be allocated to, providers of funded early years provision

16.  The rurality or sparsity of the population of the area. E+W

Commencement Information

I16 Sch. 3 para. 16 in force at 21.2.2020, see reg. 1(1)

17.  Pupils and children whose first language is not English. E+W

Commencement Information

I17 Sch. 3 para. 17 in force at 21.2.2020, see reg. 1(1)

18.  The qualifications of staff. E+W

Commencement Information

I18 Sch. 3 para. 18 in force at 21.2.2020, see reg. 1(1)

19.  The estimated cost of sharing expertise with other early years providers. E+W

Commencement Information

I19 Sch. 3 para. 19 in force at 21.2.2020, see reg. 1(1)

20.  The degree to which providers offer flexible provision to parents. E+W

Commencement Information

I20 Sch. 3 para. 20 in force at 21.2.2020, see reg. 1(1)