These Regulations, made under Schedule 2 to the School Standards and Framework Act 1998 (“the Act”), apply in respect of the allocation of grant-maintained and grant-maintained special schools to new categories of schools under that Act.

Section 20 of the Act makes provision for new categories of schools to be maintained by a local education authority on or after the appointed day. (The “appointed day” means, under section 20(7) of the Act, a day appointed by order made by the Secretary of State and no such date has been appointed as at the date that these Regulations have been made).

Schools maintained by a local education authority on or after the appointed day are to be divided into the following categories—

Paragraph 2 of Schedule 2 to the Act requires grant-maintained and grant-maintained special schools to become, on the appointed day, schools of the category to which they are allocated in accordance with the Schedule. Paragraph 3 of the Schedule lists their indicative allocations.

Paragraph 4(1) of the Schedule requires governing bodies of grant-maintained and grant-maintained special schools to take a preliminary decision on the question whether—

Pursuant to paragraph 4, these Regulations include provision as to the procedure to be followed by governing bodies of grant-maintained and grant-maintained special schools in connection with the taking of their preliminary decision. They must take their preliminary decision on or before 20th November 1998 (regulation 3(1)). They must notify certain persons of their preliminary decision (regulation 4).

Parents of pupils at a grant-maintained or grant-maintained special school may raise a petition for the purpose of requiring a ballot of parents on the issue of the choice of category for the school. The petition must meet certain requirements in order to trigger a ballot (regulation 6). The provisions in the Regulations relating to petitions and ballots do not apply in the case of any grant-maintained special school which is established in a hospital (regulation 1(2)).

Parents can obtain a list containing the names and addresses of registered parents of registered pupils at the school for the purpose of raising the petition or for circulating information for the ballot. Parents can, request, and have, their names and addresses excluded from the list.

The Secretary of State can declare a ballot void in certain circumstances and require a fresh one to be held (regulation 12).

Whether or not a ballot is required at any school, governing bodies are required, pursuant to paragraph 5 of Schedule 2 to the Act, to take a final decision on the question of the choice of category for the school. Where there is no ballot, this decision is to be taken within the period of twenty school days beginning with the last date by which a petition can be received; in the case of a grant-maintained special school established in a hospital, that period is fifty-five school days beginning with the date of their preliminary decision. Where a ballot is held, the governing body’s final decision must be taken within the period of fifteen school days beginning with the date on which the outcome of the ballot is determined and in any event before 23rd April 1999 (regulation 13).

Following the governing body’s final decision, the governing body must notify the Secretary of State of their final decision (regulation 14).

The governing body may delegate only the function of taking their final decision to the chairman of the governing body in the case where either there is no need for a ballot or the result of the ballot does not disagree with the governing body’s preliminary decision (regulation 15).

Governing bodies are required to keep responses to certain notices relating to the taking of their preliminary decision until at least 1st February 2000 (regulation 16(1)).

Restrictions applying as to the choice of category for a grant-maintained or a grant-maintained special school are set out in regulation 17.

Transitional provisions are made for certain cases (regulations 18 to 22).