Education (Grant-maintained Special Schools) Regulations 1994

JurisdictionUK Non-devolved
CitationSI 1994/653
Year1994

1994 No.653

EDUCATION, ENGLAND AND WALES

The Education (Grant-maintained Special Schools) Regulations 1994

Made 10th March 1994

Laid before Parliament 11th March 1994

Coming into force 1st April 1994

In exercise of the powers conferred on the Secretary of State by sections 183(3), (6) and (9), 186 and 301(6) and paragraphs 12 and 14 of Schedule 11 to the Education Act 19931, the Secretary of State for Education as respects England, and the Secretary of State for Wales, as respects Wales hereby make the following Regulations:

1 GENERAL

PART 1

GENERAL

Citation and Commencement
S-1 Citation and Commencement

Citation and Commencement

1. These Regulations may be cited as the Education (Grant-maintained Special Schools) Regulations 1994 and shall come into force on 1st April 1994.

Interpretation and general modification
S-2 Interpretation and general modification

Interpretation and general modification

2.—(1) In these Regulations, except where the context otherwise requires—

“hospital special school” means a maintained special school established in a hospital;

“maintained special school” means a special school maintained by a local education authority;

“relevant particulars”, in relation to a proposed initial governor means—

(a) his name and address

(b) whether he is to be a parent, teacher or first governor,

(c) if he is to be a parent or teacher governor, the term of office that applies in his case under paragraph 10 of Schedule 5 to the 1993 Act; and

(d) if he is to be a first governor, the term of office proposed for him in accordance with that paragraph;

“special school” means a school which is specially organised to make special educational provision for pupils with special educational needs (within the meaning of section 156(1) of the 1993 Act) and is for the time being approved by the Secretary of State under section 188 of the 1993 Act;

“the 1993 Act” means the Education Act 1993.

(2) In those provisions of the 1993 Act and other enactments which are applied by these regulations, references to the acquisition of grant-maintained status shall have effect as references to becoming a grant-maintained special school and references to eligibility for and seeking such status shall have effect as references to eligibility to become such a school and applying to become such a school.

2 PROCEDURE FOR BECOMING A GRANT-MAINTAINED SPECIAL SCHOOL

PART 2

PROCEDURE FOR BECOMING A GRANT-MAINTAINED SPECIAL SCHOOL

Special schools eligible to become grant-maintained special schools
S-3 Special schools eligible to become grant-maintained special schools

Special schools eligible to become grant-maintained special schools

3.—(1) Subject to paragraph (2) below, any maintained special school (including a hospital special school) is eligible to become a grant-maintained special school.

(2) A maintained special school is not eligible to become a grant-maintained special school if—

(a)

(a) the local education authority have served notice of proposals to cease to maintain the school under section 14(2) of the Education Act 19812or section 183(2) of the 1993 Act and those proposals have been approved by the Secretary of State with or without modifications; or

(b)

(b) the school does not have a delegated budget.

(3) For the purpose of this regulation a school has a delegated budget if the local education authority have for the time being delegated to its governing body the management of the school’s budget share for any financial year in pursuance of a scheme made by the authority under section 33 of the Education Reform Act 19883, pursuant to regulations under section 43 of that Act.

Becoming a grant-maintained special school: duty of governing body and initiation of procedure
S-4 Becoming a grant-maintained special school: duty of governing body and initiation of procedure

Becoming a grant-maintained special school: duty of governing body and initiation of procedure

4.—(1) section 24 of the 1993 Act shall apply in relation to maintained special schools eligible to become grant-maintained special schools as it applies to other schools which are eligible for grant-maintained status, subject to the modification that for subsection (1) of that section there shall be substituted—

S-1

“1 This section applies, with effect from 1st September 1994, to all maintained special schools in England which are eligible to become grant-maintained special schools.”

(2) In the case of a hospital special school section 24 of the 1993 Act shall apply with the following further modifications—

(a)

(a) In subsections (2) and (4)(b), the words “whether to hold a ballot of parents on the question of” shall be omitted.

(b)

(b) Subsection (3) shall be omitted.

(c)

(c) In subsection (4)(a), for the words “to hold a ballot of parents in pursuance of subsection (2) above” there shall be substituted “application should be made for the school to become a grant-maintained special school”; and for the words “not to hold a ballot” there shall be substituted the words “not to make such an application”.

(3) Sections 25 to 31 of the 1993 Act shall apply in relation to maintained special schools eligible to become grant-maintained special schools as they apply to other schools which are eligible for grant-maintained status but subject, in the case of hospital special schools, to the following modifications—

(a)

(a) Where the governing body of a hospital special school which is eligible to become a grant-maintained special school decide by a resolution passed at a meeting of that body to apply for the school to become a grant-maintained special school, they shall give notice in writing of their decision to the local education authority; and subsection (2) of section 25 shall apply to that notice as it applies to notice under section 25(1)(b).

(b)

(b) Sections 26 to 31 of the 1993 Act shall not apply.

(4) Section 25 of the 1993 Act shall apply in relation to a maintained special school eligible to become a grant-maintained special school as if there were added at the end of that section the following subsection—

S-4

“4 A meeting of the governing body of a maintained special school shall not consider whether a ballot of parents should be held on the question of whether the school should seek to become a grant-maintained special school or, where the school is established in a hospital, whether an application should be made for the school to become such a school, unless consideration of that question is a specific item of business on the agenda for the meeting, of which at least seven clear days notice shall have been given; and any such question shall only be determined by way of a vote involving the marking in secret of a voting paper by each member present and voting.”

Publication of Proposals
S-5 Publication of Proposals

Publication of Proposals

5. Section 32 of and Part I of Schedule 3 to the 1993 Act shall apply in relation to maintained special schools eligible to become grant-maintained special schools as they apply to other schools which are eligible for grant-maintained status, subject to the modifications made by regulation 2(2) and to the following modifications—

(1) For Section 32(1), in its application to hospital special schools, there shall be substituted—

“Subsection (2) below applies where the governing body have passed a resolution in favour of applying for the school to become a grant-maintained special school”.

(2) In section 32(2), in its application to hospital special schools, for the words “the date on which the result of the ballot is determined”, there shall be substituted “the date on which the resolution is passed”; and for the words “for acquisition of grant-maintained status for the school” there shall be substituted the words “for the school to become a grant-maintained special school”.

(3) In Schedule 3:—

(a)

(a) For sub-paragraphs 1(1)(a) and (b) in their application to hospital special schools, there shall be substituted—

“(a)

“(a) posted in at least one conspicuous place—

(i) within the hospital and

(ii) within the area served by the school, and”.

(b)

(b) In sub-paragraph 1(2), for the words “of publication of the proposals” there shall be substituted “on which all the requirements of paragraph 1(1) have been satisfied”.

(c)

(c) In sub-paragraph 1(3)(a), for the words “acquisition of grant-maintained status” there shall be substituted the words “the school to become a grant-maintained special school”.

(d)

(d) In sub-paragraph 1(3)(d), for the words “Part II” there shall be substituted the words “section 186(3)”.

(e)

(e) Sub-paragraph 1(3)(e) shall be omitted.

(f)

(f) Sub-paragraph 2(1)(a) shall not apply in relation to hospital special schools.

(g)

(g) Sub-paragraphs 2(1)(b) 2(2) shall be omitted; and for sub-paragraph 2(1)(e) there shall be substituted—

“(e)

“(e) describe the type of special educational provision which is currently made in the school”.

(h)

(h) In paragraph 3—

(i) In item (a), for the words “Part II of” there shall be substituted the words “Schedule 11 to”.

(ii) In items (a) and (b), for the words “grant-maintained school” there shall be substituted the words “grant-maintained special school”.

(iii) For item (c) there shall be substituted

“(c)

“(c) explain the circumstances in which a person named in the proposals as a proposed initial governor may be replaced,”.

(iv) Item (g) shall be omitted.

(i)

(i) In paragraph 4—

(i) In sub-paragraph (1)(a), the words after “of that person” shall be omitted.

(ii) In sub-paragraph (1)(b) the words “or as the case may be, foundation” shall be omitted and for “(in accordance with sections 60 to 65 of this Act)” there shall be substituted “(in accordance with Schedule 11 to this Act)”.

(iii) In sub-paragraph (1)(d) the words “or regulations made by virtue of section 77 of this Act” shall be omitted.

(iv) Sub-paragraph (1)(e) shall be omitted.

(v) In sub-paragraph (2) for the words “grant-maintained school” there shall be substituted the words...

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