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The School Finance (England) Regulations 2011

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Pupil numbers

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14.—(1) Subject to regulation 16 (special arrangements for pupils in maintained nursery schools and nursery classes and children receiving relevant early years provision) and paragraph (2), in determining and redetermining budget shares for primary and secondary schools, a local authority must ascertain and take into account in their formula the number of registered pupils at those schools on the date specified in paragraph (5), weighted, if the authority consider it appropriate, in accordance with paragraph (4).

(2) For the purposes of paragraph (1), the number of registered pupils does not include pupils—

(a)in places—

(i)in primary or secondary schools which the authority have reserved for children with special educational needs, and

(ii)in boarding accommodation at boarding schools other than special schools,

where the authority exercise their discretion to take these places into account under regulation 15(1)(b) or (c);

(b)in respect of whom grant is payable to the authority by the YPLA (sixth form pupils); or

(c)in infant classes where the authority choose to take the class into account as an additional factor under paragraph 33 of Schedule 3.

(3) Where a local authority exercise their discretion under regulation 15(1) to take into account places, they may also take into account in their formula the number of registered pupils in special schools or schools with boarding accommodation, or in reserved places at primary or secondary schools, as referred to in that paragraph, on the date specified in paragraph (5).

(4) A local authority may weight pupil numbers according to any or all of the following factors—

(a)age, including weighting according to key stage or year group;

(b)in the case of pupils aged under five, their exact age when admitted to the school;

(c)in the case of pupils aged under five, hours of attendance;

(d)whether a pupil has special educational needs;

(e)whether the pupil is attending a middle school;

(f)whether the pupil is at key stage 4, and is accessing practical and applied learning;

(g)whether the pupil, although registered at a school, is also attending an institution within the further education sector or a course delivered by any training provider;

(h)whether the pupil is in an infant class (in cases where an infant class is not taken into account as an additional factor under paragraph 33 of Schedule 3);

(i)whether the pupil is registered at more than one maintained school.

(5) The date for ascertaining pupil numbers is 20th January 2011.

(6) Subject to paragraph (7), where a primary school—

(a)operates a policy of admitting children into reception classes in the summer term; and

(b)will admit pupils into such classes in the summer term in 2011,

a local authority may determine a number representing the number of pupils who will be admitted in that summer term, and take such number into account in their formula.

(7) In determining the number of pupils they will take into account under paragraph (6), a local authority—

(a)must not determine any number which exceeds the number of pupils admitted in the summer term in 2010; and

(b)must make any such determination before the beginning of the funding period.

(8) A local authority may adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly, the permanent exclusion of a pupil from the school or the admission of a pupil to the school following permanent exclusion from another school.

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