The Financing of Maintained Schools (England) Regulations 2002

Percentage of “pupil-led” funding

27.—(1) In determining and redetermining budget shares for primary and secondary schools a local education authority shall ensure that their formula provides that at least 75 per cent. of the amount which is their individual schools budget, less the amounts referred to in paragraph (2), is allocated in one or more of the following manners—

(a) in accordance with regulation 11(1) or (3);

(b) in accordance with any other factors or criteria using pupil numbers which provide for the same funding for pupils of the same age irrespective of the nature of the school which they attend but such funding for children with special educational needs who do not have statements of special educational needs shall only count towards the figure of 75 per cent. referred to above to the extent that it does not exceed 5 per cent. of the amount allocated by the authority to primary and secondary schools from their individual schools budget;

(c) to places in primary schools which the authority recognise as reserved for children in nursery classes;

(d) to places in primary or secondary schools which the authority recognise as reserved for children with special educational needs;

(e) for pupils with statements of special educational needs where funding in respect of such pupils forms part of schools' budget shares;

(f) to places for pupils in boarding accommodation at boarding schools other than special schools; and

(g) in accordance with regulation 17.

(2) For the purposes of this regulation the following amounts are to be excluded from the local education authority’s individual schools budget—

(a) the budget shares of special schools;

(b) any transitional funding determined under regulation 21;

(c) any part of the individual schools budget retained pursuant to regulation 8(2) for the purpose of redeterminations or the correction of errors in relation to special schools;

(d) any amount determined under Part IV.