The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007

PART 1 Prescribed alterations proposed by the governing body of a foundation or voluntary school.

Enlargement to premises

1.—(1) An enlargement of the premises of the school which would increase the capacity of the school by—

(a) more than 30 pupils; and

(b) by 25% or 200 pupils (whichever is the lesser).

(2) Subject to sub-paragraph (3), in this paragraph “an enlargement” of the premises of a school includes—

(a) the proposed enlargement; and

(b) any enlargements made in the 5 years preceding the date when the new enlargement will be made, excluding any temporary enlargements where it is anticipated the enlargement will be in place for less than 3 years; and

(c) the making permanent of any temporary enlargement.

(3) Where there have been any enlargements for which proposals have been published and approved under section 28 of SSFA 1998 or section 19 of the Act (“approved proposal”), “enlargement of the premises” includes—

(a) the proposed enlargements; and

(b) any enlargements made in the period since the last approved proposal (excluding any temporary enlargements where it is anticipated the enlargement will be in place for less than the 3 years); and

(c) the making permanent of any temporary enlargements.

Increase in number of pupils

2.—(1) Subject to sub-paragraphs (2) to (4), an increase in the number of pupils in any relevant age group by 27 or more.

(2) No increase arises for the purpose of sub-paragraph (1) unless the school’s admission number, taking into account the additional pupils, would exceed its highest admission number during the 3 school years immediately preceding the year in which it is intended that the increase will take effect.

(3) This paragraph does not apply in relation to any relevant age group comprising pupils the majority of whom are over compulsory school age.

(4) This paragraph does not apply to temporary increases which it is anticipated will be in place for no more than a year.

Alteration of upper age limit

3.  The alteration of the upper age limit by a year or more, except—

(a) an alteration which consists of providing or ceasing to provide education for pupils over compulsory school age who are repeating a course of education completed before they reach compulsory school age;

(b) an alteration resulting from persons being provided with education falling within section 80(1) of SSFA 1998; or

(c) where the alteration is a temporary one which will be in place for no more than 2 years.

In this paragraph “the upper age limit” in relation to a school means the highest age of pupils for whom education is normally provided at the school.

Alteration of lower age limit

4.—(1) The alteration of the lower age limit such that when taken with all previous such alterations (if any) taking place since the appropriate date the lower age limit is at least a year higher or lower than the lower age limit on the appropriate date.

(2) In this paragraph—

“the lower age limit” in relation to the school means the lowest age of pupils for whom education is normally provided at the school; and

“the appropriate date” means whichever is the latest of the following dates—

(a)

the date falling 5 years before the date on which the governing body form the intention to make the alteration in question;

(b)

the date on which the school was established;

(c)

where any previous proposals for a change in the lower age limit have been approved, the date (or latest date) on which the last of any such proposals were implemented

(3) This paragraph does not apply where the alteration of the lower age limit is a temporary one which will be in place for no more than 2 years.

Special educational needs

5.  In relation to provision for special educational needs—

(a) the establishment of a provision that is recognised by the local education authority as reserved for children with special educational needs;

(b) a change in the type or types of special educational provision that is recognized by the authority as reserved for children with special educational needs; or

(c) discontinuance of provision which is recognised by the authority as reserved for children with special educational needs.

Admissions arrangements

6.  The revision of admission arrangements of a grammar school as is mentioned in section 109(1) of SSFA 1998.

Sex of pupils

7.—(1) An alteration to a school to provide that—

(a) a school which was an establishment which admitted pupils of one sex only becomes an establishment which admits pupils of both sexes; or

(b) a school which was an establishment which admitted pupils of both sexes becomes an establishment which admits pupils of one sex only.

(2) For the purpose of this paragraph a school is to be treated as an establishment which admits pupils of one sex only if the admission of pupils of the other sex—

(a) is limited to pupils over compulsory school age; and

(b) does not exceed 25% of the number of pupils in the age group in question normally at the school.

Boarding

8.—(1) The introduction or ending of boarding provision.

(2) The alteration of boarding provision such that the number of pupils for whom boarding provision is made is increased or decreased by 50 pupils or 50% (whichever is the greater).

Transfer to new site

9.  The transfer of a school to a new site except where the main entrance of the school on the proposed new site would be within 2 miles of the main entrance of the school on its current site (unless the school is transferring to a site within the area of another local education authority).

Discontinuance of use of site

10.  The discontinuance of provision at any site of a school which occupies more than one site, if the main entrance at any of the school’s remaining sites is 1 mile or more from the main entrance of the site use of which is to be discontinued.

Changes of category

11.  A change of category—

(a) from a voluntary controlled school to a voluntary aided school;

(b) from a voluntary aided school to a voluntary controlled school;

(c) from a foundation school to a voluntary controlled school; or

(d) from a foundation school to a voluntary aided school.