http://www.legislation.gov.uk/id/uksi/1994/652

http://www.legislation.gov.uk/uksi/1994/652/part/VI/made

The Education (Special Schools) Regulations 1994

Special schools

School welfare, behaviour and attendance

State schools

Special educational needs and additional support

Further and higher education

King's Printer of Acts of Parliament

2016-09-26

EDUCATION, ENGLAND AND WALES

These Regulations replace the Education (Approval of Special Schools) Regulations 1983, as amended, which are revoked by regulation 3. They make new provision for the approval by the Secretary of State as special schools of schools which are not maintained by a local education authority and which are not grant-maintained schools (“non-maintained special schools”). They prescribe the requirements which must be observed by such schools in order to be approved and while such approval is in force.

The Education (Special Schools) Regulations 1994

Sch. Pt. 3

para. 5(2)(a)

The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (Wales) Regulations 2010

Rheoliadau Deddf Prentisiaethau, Sgiliau, Plant a Dysgu 2009 (Diwygiadau Canlyniadol) (Cymru) 2010

reg. 3(b)

reg. 1(1)

The Education (Special Schools) Regulations 1994

Sch. Pt. 3

para. 5(2)(c)

The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (Wales) Regulations 2010

Rheoliadau Deddf Prentisiaethau, Sgiliau, Plant a Dysgu 2009 (Diwygiadau Canlyniadol) (Cymru) 2010

reg. 3(c)

reg. 1(1)

The Education (Special Schools) Regulations 1994

reg. 7(1)(ba)

The Education (Miscellaneous Amendments relating to Safeguarding Children) (Wales) Regulations 2009

Rheoliadau Addysg (Diwygiadau Amrywiol ynghylch Diogelu Plant) (Cymru) 2009

reg. 2(2)(a)

reg. 1(1)

The Education (Special Schools) Regulations 1994

reg. 7(1A)

The Education (Miscellaneous Amendments relating to Safeguarding Children) (Wales) Regulations 2009

Rheoliadau Addysg (Diwygiadau Amrywiol ynghylch Diogelu Plant) (Cymru) 2009

reg. 2(2)(b)

reg. 1(1)

The Education (Special Schools) Regulations 1994

Act

The Education (Non-Maintained Special Schools) (England) Regulations 1999

reg 1

(3)

The Education (Special Schools) Regulations 1994

Regulations

The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) (No. 2) Regulations 2021

Rheoliadau Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 (Diwygiadau Canlyniadol) (Rhif 2) 2021

reg. 7(b)

reg. 1

PART VIESTABLISHMENT, ALTERATION AND DISCONTINUANCE OF MAINTAINED SPECIAL SCHOOLS

Alterations for which notice must be served9

The following are prescribed as alterations of a maintained special school for which notice of proposals must be served under section 183(6) of the 1993 Act—

1

any change in the number, age range or sex of the day or boarding pupils for which the school makes provision;

2

any change in the type of special educational needs for which the school makes provision or the type of special educational provision made by the school;

3

any significant enlargement of the premises of the school;

4

any transfer of the school to a new site unless at the time of transfer the school is intended to return to the existing site within three years.

Persons on whom notice of establishment, alteration and discontinuance must be served10

Where a local education authority are required to serve notice of their proposals to establish, alter or discontinue a maintained special school under section 183(6) of the 1993 Act, they shall, in addition to serving notice on the Secretary of State, serve notice on—

a

the funding authority (whether or not an order under section 12(1) of the 1993 Act applies to the area of the local education authority in whose area the school is or is proposed to be situated);

b

if the proposals will affect the provision of education to which section 2(1) of the Further and Higher Education Act 19929 applies, the appropriate further education funding council (as defined in section 1(6) of that Act);

c

the governing body of every grant-maintained special school in the area of the local education authority in whose area the school is or is proposed to be situated;

d

where the proposals are to alter or discontinue a special school, any local education authority which maintains a statement under section 168 of the 1993 Act in respect of a registered pupil at the school;

e

any local education authority whose area adjoins that of the authority in whose area the school is proposed to be situated and, where the proposal is to transfer the school to a site in the area of another authority, adjoining that area;

f

where the proposals are to discontinue the school, the registered parent of every registered pupil at the school.

Information to be given in notice11

Every notice served by a local education authority under section 183(6) of the 1993 Act shall give the following information—

a

the numbers, age group, sex and special educational needs of the pupils (distinguishing boarding and day pupils) for whom provision is currently made or, in the case of a proposed school, is proposed;

b

the special educational provision currently made or, in the case of a proposed school, proposed;

c

particulars of any alteration proposed, including particulars and location of any new site to which it is proposed to transfer the school;

d

the proposed date of implementation of the proposals, if approved;

e

the name and address of a person from whom further information regarding the proposals may be obtained;

f

an explanation of the procedure for submitting objections to the proposals under section 184(2) of the 1993 Act, including the period within which such objections are to be submitted and the name and address of the person to whom they are to be submitted.

g

the name of the authority by whom the notice is served and the date on which it is given.