The Financing of Maintained Schools (England) Regulations 2004

Percentage of “pupil-led” funding

26.—(1) n determining and redetermining budget shares for primary and secondary schools a local education authority shall ensure that their formula provides that at least 75% of the amount which is their individual schools budget, less the amounts referred to in paragraph (2), is allocated under any one or more of the following sub-paragraphs which are applicable—

(a) in accordance with regulation 8(1) or (3);

(b) in accordance with regulation 8(6)(a)(iv) or (v);

(c) in accordance with regulation 11(3)(b);

(d) in accordance with regulation 12(2) or (3);

(e) 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;

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

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

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

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

(j) in accordance with regulation 14(2), provided criteria are used which refer to the characteristics of pupils or their parents; and

(k) in accordance with regulation 16.

(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 part of the individual schools budget retained pursuant to regulation 5(2) for the purpose of redeterminations or the correction of errors in relation to special schools.