The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013

Regulations 8 and 9

SCHEDULE 1 Information to be included in section 10 and section 11 proposals to establish a new school

Contact details

1.  The name and contact address of the local authority or the proposers (as the case may be).

Implementation

2.  The date on which it is proposed that the school be opened or, where it is proposed that the opening be implemented in stages, the dates of and information about each stage.

3.  Where the proposals are to establish a voluntary, foundation or foundation special school, a statement as to whether the proposals are to be implemented by the local 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.

Reason for the new school

4.  A statement explaining the reason why the new school is considered necessary and whether it is to replace an existing school or schools.

Category

5.  The category of school that it is proposed be established (a foundation or foundation special school and, if so, whether it is to have a foundation, a voluntary school, a community or community special school, or a local authority maintained nursery school) and, if required by section 10, a statement that the Secretary of State’s consent has been obtained to publish the proposals.

Ethos and religious character

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

7.  If it is proposed that 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.

8.  Where it is proposed that the school—

(a) has a religious character, evidence of the demand in the area for education in accordance with the tenets of the religion; or

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

Pupil numbers and admissions

9.  The numbers (distinguishing between compulsory and non-compulsory school age pupils), age range, sex, and special educational needs of pupils (distinguishing between boarding and day pupils) for whom provision is to be made at the school.

Admission arrangements

10.  Except in relation to proposals for special schools, 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 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.

Early years provision

11.  Where the proposals are to include provision for pupils aged two to five—

(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 which deliver the Early Years Foundation Stage within three miles of the school; and

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

Sixth form provision

12.  Where it is proposed that the school will provide sixth form education, how for 16 to 19 year olds in the area 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 available to them.

Special educational needs provision

13.  Whether the school will have provision that is recognised by the local authority as reserved for children with special educational needs and, if so, the nature of such provision.

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

15.  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 range of educational provision for these children;

(b) details of the improvements that the proposals will bring in respect of—

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

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

(iii) access to suitable accommodation; and

(iv) supply of suitable places.

Single sex school

16.  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 new school will have on the balance of provision of single sex education in the area.

Curriculum

17.  Confirmation that the school will meet the general requirements in relation to the curriculum contained in section 78 of EA 2002(1) and an outline of any provision that will be in addition to the basic curriculum required by section 80 of EA 2002(2), in particular any 14-19 vocational education.

Relevant experience of proposers

18.  Evidence of any relevant experience in education held by the proposers including details of any involvement in the improvement of standards in education.

Effects on standards and contributions to school improvement

19.  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 contribute to school improvement.

Location and costs

20.  A statement about—

(a) the area or particular community or communities which the new school is expected to serve;

(b) the location of the site or sites including, where appropriate, the postal address or addresses;

(c) the current ownership and 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;

(d) whether the site is currently used for the purposes of another school and if so why the site will no longer be required by the other school;

(e) the estimated capital costs of providing the site and how those costs will be met (including the extent to which the costs are to be met by the proposers and the local authority) and how the proposers intend to fund their share of the costs of implementing the proposals (if any);

(f) whether planning permission is needed under the Town and Country Planning Act 1990, and when it is anticipated that it will be obtained;

(g) confirmation from the Secretary of State or local authority (as the case may be) that funds will be made available (including costs to cover any necessary site purchase).

Travel

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

Federation

22.  Details of any proposals for the school to be established as a federated school.

Voluntary aided schools

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

Foundation schools

24.  Where the school is to be a foundation or foundation special school, confirmation as to—

(a) whether it will have a foundation and if so, the name or proposed name of the foundation;

(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 proposed constitution of the governing body; and

(e) details of the foundation’s charitable objects.

Independent schools entering the maintained sector

25.  Where a school is an independent school entering the maintained sector—

(a) a statement that the requirements of section 11(3) are met;

(b) a statement as to whether the premises will meet the requirements of the School Premises (England) Regulations 2012(4) and, if not,

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

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

(1)

Section 78 was amended by sections 48 and 103(2) of, and Schedules 1 and 3 to, the Childcare Act 2006.

(2)

Section 80 was amended by section 48 of, and Schedule 1 to, the Childcare Act 2006.

(3)

1998 c.31. Schedule 3 was amended by sections 30, 35, 36 and 215 of, and Schedules 3, 4, 18 and 21 to the Act, S.I. 2002/906 and S.I. 2010/1158

(4)

S.I. 2012/1943