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Education and Inspections Act 2006

Education and Inspections Act 2006

2006 CHAPTER 40

ANNEX B - DIFFERENCES BETWEEN FOUNDATION AND COMMUNITY SCHOOLS:

FoundationCommunity
Composition of governing body

If school has a foundation, such foundation is represented on the governing body.

The instrument of government may provide for the foundation to appoint a majority of the governing body.

May not have a foundation.
Ownership of the land and buildings

Foundation if there is one, otherwise governing body.  (Non-playing field land can be disposed of and the proceeds reinvested in the school, but the local education authority can object to such disposal and reinvestment, or claim part of the proceeds (with determination by the  adjudicator); disposal of playing field land continues to require the consent of the Secretary of State.  In the event of discontinuance or removal of foundation, land will generally revert to the LEA or governing body.

(LEA can propose siting a school or other educational or children’s services facility on surplus land, with determination by the adjudicator.)

Local education authority.

(Disposal of playing field land continues to require the consent of the Secretary of State consent.)

Building ProjectsFoundation schools receive funding for capital projects through a formula grant in the same way as community schools, but they can take decisions about what grounds and buildings developments to spend it on without having to consult the LEA. They do not have to conform to LEA plans and can use their own advisers and contractors.  They must also be treated fairly and equally in LEA asset management planning for prioritisation of LEA capital investment.Receive funding for capital projects through a formula grant.
Employs the staffIn general the governing body is the employer of staff in foundation schools.  However, it is possible for LEA employed staff to work in foundation schools.Local education authority
Appointment of HeadteacherGoverning body sets up selection panel (consisting of at least 3 governors) to interview applicants.  Following the selection panel’s recommendations, the governing body may appoint the recommended person (or decline to appoint and re-submit to selection panel for a further recommendation).Same as foundation schools but the LEA make the appointment.
Appointment of Deputy headteacher and other staffThe position for deputy heads is the same as for head teachers.  The governing body has the overall responsibility for staff appointments (other than heads and deputies) in its school, normally delegated to the head teacher.  LEA may, by agreement with the governing body, have advisory rights in relation to appointment and dismissal of any teacher. In absence of agreement, the Secretary of State determines extent of LEA advisory rights.The position for deputy heads is the same as for head teachers.  The governing body has the overall responsibility for staff appointments (other than heads and deputies) in its school, normally delegated to the head teacher.  LEA have advisory rights in relation to appointment and dismissal of any teacher. LEA appoint persons selected by the governing body.
Decides admission arrangements (within the Admissions Code)Governing bodyLocal education authority or governing body if the governing body have been delegated responsibility for determining the admission arrangements.
Publishes proposals to change the school

Governing body

Act will allow local education authority to publish proposals for enlargement of the premises, an increase in the number of pupils in any relevant age group, the addition or deletion of dedicated SEN provision, or the establishment of educational provision for children over compulsory school age.

Governing body if the alteration is designated by regulations under section 19 as one which is capable of being proposed by them.

Local education authority if the alteration is designated by regulations under section 19 as one which is capable of being proposed by them.

Sets dates of termsGoverning bodyLocal education authority
Religious character

May have a religious character if established on that basis.

In foundation schools with a religious designation the headteacher and reserved teachers may be appointed on the basis of faith.

(Religious education must be delivered in accordance with the locally agreed syllabus).

May not have a religious character.

(Religious education must be delivered in accordance with the locally agreed syllabus).

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