The Education (Maintained Special Schools) (Wales) Regulations 1999

• Citation: S.I. 1999/1780
• Sections: 80

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Education (Maintained Special Schools) (Wales) Regulations 1999 and shall come into force on 1st September 1999.

(2) These Regulations apply in relation to local education authorities and schools maintained by (or, in the case of new schools, proposed to be maintained by) local education authorities in Wales.

Section 2 Interpretation

(1) In these Regulations

“ the Act ” means the School Standards and Framework Act 1998;

“maintained special school” means a community or foundation special school;

“the Assembly” means the National Assembly for Wales or Cynulliad Cenedlaethol Cymru .

(2) Unless the context otherwise requires, a reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations so numbered and a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

Section 3 Alterations for which proposals must be published

For the purposes of subsection (1)(b) and (2)(a) of section 31 of the Act the alterations specified in Schedule 1 are prescribed as alterations for which proposals must be published under that section.

Section 4 Information to be contained in published proposals

(1) This regulation prescribes for the purposes of section 31(3)(a) of, and paragraph 5(2)(a) of Schedule 7 to, the Act, the information which proposals published under section 31 of, and paragraph 5 of Schedule 7 to, the Act relating to maintained special schools (including new schools) must contain.

(2) Any such proposals must contain the information specified in Part I of Schedule 2 together with–

(a) the information specified in Part II of that Schedule where the proposals are to establish a new school, or

(b) the information specified in Part III of that Schedule where the proposals are to make a prescribed alteration to a school, or

(c) the information specified in Part IV of that Schedule where the proposals are to discontinue a school.

Section 5 Manner of publication of proposals

(1) This regulation prescribes for the purposes of section 31(3)(b) of, and paragraph 10(4) of Schedule 6 and paragraph 5(2)(b) of Schedule 7 to the Act the manner in which proposals relating to maintained special schools (including new schools) required to be published under section 31 of, or paragraph 10(4) of Schedule 6 or paragraph 5 of Schedule 7 to, the Act shall be published.

(2) Any proposals for the establishment of a school shall be published in at least one newspaper circulating in the area proposed to be served by the school.

(3) Any proposals for the making of a prescribed alteration to a school which would not alter the area to be served by the school or for the discontinuance of the school shall be published–

(a) in at least one newspaper circulating in the area served by the school; and

(b) by being posted at or near the main entrance to the school, or, if there is more than one main entrance, all of them.

(4) Any proposals for the making of a prescribed alteration to a school which would alter the area proposed to be served by the school, shall be published–

(a) in at least one newspaper circulating in the area served by the school and the area proposed to be served by the school; and

(b) by being posted at or near the main entrance to the school, or, if there is more than one main entrance, all of them.

(5) Any proposals that paragraph 10(1) of Schedule 6 to the Act (requirement to implement proposals) should cease to apply in relation to proposals published under section 31 of the Act shall be published–

(a) in at least one newspaper circulating in the same area or areas in which the newspaper or newspapers in which notice of the original proposals was published circulated; and

(b) where the proposals relate to an existing school, by being posted at or near the main entrance to the school, or, if there is more than one main entrance, all of them.

(6) In complying with their obligation under paragraph (2), (3)(a), (4)(a) or (5)(a) the relevant body shall ensure, insofar as is reasonably practicable, that the circulation areas of all the newspapers in which the proposals are published, taken together cover the whole of the area or areas referred to in paragraph (2), (3)(a), (4)(a) or (5)(a), as the case may be.

(7) For the purposes of paragraph (6), the circulation area is the area in which the newspaper circulates.

Section 6 Information to be provided to the Assembly

(1) This regulation prescribes for the purposes of section 31(6)(b) of the Act the information in connection with proposals published under section 31 of the Act which must be sent to the Assembly.

(2) Where proposals have been published under section 31 of the Act the relevant body shall send to the Assembly the information specified in Part II of Schedule 3 together with–

(a) such of the information specified in Part III of that Schedule as applies to the proposals, where the proposals are to establish a new school;

(b) such of the information specified in Part IV of that Schedule as applies to the proposals, where the proposals are to make a prescribed alteration to a school; and

(c) such of the information specified in Part V of that Schedule as applies to the proposals, where the proposals are to discontinue a school.

Section 7 Other bodies to whom proposals should be sent

(1) This regulations prescribes, for the purposes of section 31(7) of the Act, the bodies or persons to whom the relevant body shall also send a copy of any proposals to which section 31(6) of the Act applies.

(2) The bodies or persons referred to in paragraph (1) are–

(a) the Further Education Funding Council for Wales, if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies;

(b) where the proposals are published by the governing body of a foundation special school, the local education authority who maintain the school;

(c) where the proposals are to make a prescribed alteration to, or discontinue, a school, each local education authority who maintain a statement under section 324 of the Education Act 1996 in respect of a registered pupil at the school;

(d) where the proposals are for the establishment of a new school–

(i) any local education authority whose area adjoins that of the authority whom it is proposed should maintain the school, and

(ii) where it is intended that the school should be situated in the area of a local education authority other than the authority whom it is proposed should maintain the school, the local education authority in whose area the school is proposed to be situated proposed to be situated and any local education authority not falling within paragraph (i) of this sub-paragraph whose area adjoins the area of that local education authority;

(e) where the proposals are for the transfer of a school to a new site in a different area–

(i) the local education authority in whose area the proposed new site is to be situated, and

(ii) any local education authority whose area adjoins the area in which the proposed new site is to be situated;

(f) where the proposals are to make a prescribed alteration to, or to discontinue, a school, the registered parents of every registered pupil at the school;

(g) any Local Health Authority which acts for any area which includes any part of the area of the local education authority who maintain or whom it is proposed should maintain the school; and

(h) any National Health Service trust who have responsibility for the ownership or management of any hospital or other establishment or facilities in the area of the local education authority who maintain or whom it is proposed should maintain the school.

Section 8 Objections to proposals

(1) This regulation–

(a) prescribes for the purposes of paragraph 7(2)(a) and (3) of Schedule 6 and paragraph 12(2) of Schedule 7 to the Act the period within which objections to proposals mentioned in those paragraphs relating to maintained special schools may be sent; and

(b) prescribes for the purposes of paragraph 7(2)(b) of Schedule 6 to the Act the period within which a local education authority must send to the Assembly copies of objections to proposals relating to such schools.

(2) Objections to proposals published under section 31 of, or paragraph 5 of Schedule 7 to, the Act shall be sent to the local education authority or the Assembly (as the case may be)–

(a) within the period of two months after the date of publication of the proposals, except where sub-paragraph (b) applies; and

(b) within the period of one month after the date of publication of the proposals, where–

(i) the proposals are published under section 31 of the Act to make a prescribed alteration to or to discontinue a school to which section 15 of the Act applies, or

(ii) the proposals are published under section 31 of the Act to establish a new school on the same site as a school to which section 15 of the Act applies and which it is proposed to discontinue.

(3) The local education authority shall send copies of objections made (and not withdrawn in writing) within the objection period, together with the authority’s observations thereon, to the Assembly in accordance with paragraph 7(2)(b) of Schedule 6 to the Act within–

(a) the period of one month after the end of the objection period except where the proposals fall within paragraph (2)(b); or

(b) the period of two weeks after the end of the objection period where the proposals fall within paragraph (2)(b).

Section 9 Approval of proposals with modifications after consultation

(1) This regulation prescribes, for the purposes of paragraph 8(2)(c) of Schedule 6 to the Act, the persons or bodies with whom the Assembly must consult before approving, with modifications, proposals published under section 31 of the Act.

(2) The persons or bodies prescribed are the persons or body who published the proposals, and–

(a) where the proposals were published by the governing body of a foundation special school, the local education authority who maintain the school; or

(b) where the proposals were published by the local education authority to make a prescribed alteration to or to discontinue a foundation special school, the governing body of the school.

Section 10 Modification of approved proposals

(1) This regulation prescribes, for the purposes of paragraph 10(2) of Schedule 6 to the Act, the persons or body–

(a) at whose request the Assembly may modify approved proposals relating to a maintained special school;

(b) whom the Assembly must consult before modifying such approved proposals; and

(c) at whose request the Assembly may, where approval of proposals in respect of a maintained special school was given in accordance with paragraph 8(3) of that Schedule (approval expressed to take effect only if an event specified in the approval occurs by a date so specified), specify a later date by which the event in question must occur.

(2) The Assembly may modify approved proposals or specify a later date at the request of the persons or body who published the proposals.

(3) Before modifying approved proposals, the Assembly shall consult–

(a) in the case of approved proposals published by the governing body of a foundation special school, the local education authority who maintain the school;

(b) in the case of approved proposals published by the local education authority to make a prescribed alteration to or to discontinue a foundation special school, the governing body of the school; and

(c) (in every case), the persons or body who published the proposals.

(4) In this regulation references to approved proposals include references to proposals which the body or promoters by whom they were published have determined to implement under paragraph 9 of Schedule 6 to the Act.

Section 11 Application of and modification of provisions of the Act in special cases

Schedule 4 has effect for the purpose of applying with modifications (where specified) provisions of section 31 of, and Part II of Schedule 6 to, the Act in relation to proposals published under paragraph 10(4) of Schedule 6 to the Act relating to maintained special schools.

Section 12 Religious Education

Arrangements shall be made to secure that, so far as practicable, every pupil attending a maintained special school will attend daily collective worship and receive religious education, or will be withdrawn from attendance at such worship or from receiving such education in accordance with the wishes of his parent.

Section 13 Admission to Maintained Special Schools

(1) Subject to paragraph (2) below no child shall be admitted to a maintained special school unless–

(a) a statement of special educational needs is maintained for him under Part IV of the Education Act 1996 ;

(b) he is admitted for the purposes of an assessment of his special educational needs in accordance with section 323 of the Education Act 1996 and his admission to the school is with the agreement of the local education authority, the school’s governing body, the child’s parent and any person whose advice is to be sought in accordance with regulation 6 of the Education (Special Educational Needs) Regulations 1994 ; or

(c) he is admitted following a change in his circumstances, with the agreement of the local education authority, the school’s governing body, and the child’s parent.

(2) A child may be admitted to a special school established in a hospital provided that he requires hospital treatment.

(3) The admission of a child to a maintained special school in accordance with paragraph 1(c) shall be reviewed at the end of every term.

Section 1

Except where the school is established in a hospital an increase in the number of pupils for whom the school makes provision which, when taken with all such previous increases in the number of pupils, would increase the number of such pupils by 10% or the relevant number of such pupils (whichever is the lesser) as compared with–

(a) the number of such pupils on the appropriate date; or

(b) if, at any time after that date the number of such pupils was lower than on that date, the lowest number at any such time.

In this paragraph–

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

the date falling five years before the date on which the local education authority or, as the case may be, the governing body, form the intention to increase the number of pupils for which the school makes provision;

the date when the school was established;

where any proposals for the making of a prescribed alteration to the school consisting of an increase in the number of pupils for which the school makes provision have been approved under–

section 184 of the Education Act 1993 ;

section 340 of the Education Act 1996 ; or

paragraph 8 of Schedule 6 to the Act or paragraph 14 of Schedule 7 to the Act, the date (or latest date) on which any such proposals were implemented; and

where the local education authority or the Assembly have determined to implement or adopt (as the case may be) any proposals for the making of a prescribed alteration to the school consisting of an increase in the number of pupils for which the school makes provision under paragraph 9 of Schedule 6 or paragraph 14 of Schedule 7 to the Act the date (or latest date) on which any such proposals were implemented; and

“the relevant number of pupils” is 5 where the school only makes boarding provision and 20 in any other case.

Section 2

The alteration of the upper or lower age limits of the school (that is to say the highest and the lowest ages of pupils for whom education is normally provided at the school).

Section 3

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.

Section 4

(1) The introduction or ending of boarding provision.

(2) Where the school makes provision for day pupils and boarding pupils, the alteration of boarding provision such that the number of pupils for whom boarding provision is made is increased or decreased by 5 pupils.

Section 5

A change in the type of special educational needs for which the school is organised to make provision.

Section 6

(1) In the case of a school at which one or more (but not all) relevant subjects are taught (wholly or mainly) through the medium of English to any age group of pupils at the school, an alteration to the school such that the number of relevant subjects taught to pupils in that age group which are taught (wholly or mainly) through the medium of Welsh would be increased or decreased by–

(a) 3 or more, in the case of age groups of pupils who are in the first key stage and age groups of pupils who are in the second key stage, or

(b) 4 or more, in the case of age groups of pupils who are in the third key stage and age groups of pupils who are in the fourth key stage.

(2) In the case of a school at which one or more (but not all) relevant subjects are taught (wholly or mainly) through the medium of Welsh to any age group of pupils at the school, an alteration to the school such that the number of relevant subjects taught to pupils in that age group which are taught (wholly or mainly) through the medium of English would be increased or decreased by–

(a) 3 or more, in the case of age groups of pupils who are in the first key stage and age groups of pupils who are in the second key stage, or

(b) 4 or more, in the case of age groups of pupils who are in the third key stage and age groups of pupils who are in the fourth key stage.

(3) In the case of a school at which there is any age group of pupils who are taught (wholly or mainly) through the medium of English every relevant subject which is taught to pupils in that age group, an alteration to the school such that–

(a) 2 or more of those subjects, in the case of age groups of pupils who are in the first key stage and age groups of pupils who are in the second key stage, or

(b) 3 or more of those subjects, in the case of age groups of pupils who are in the third key stage and age groups of pupils who are in the fourth key stage, would be taught (wholly or mainly) through the medium of Welsh to pupils in that age group.

(4) In the case of a school at which there is any age group of pupils who are taught (wholly or mainly) through the medium of Welsh every relevant subject which is taught to pupils in that age group, an alteration to the school such that–

(a) 2 or more of those subjects, in the case of age groups of pupils who are in the first key stage and age groups of pupils who are in the second key stage, or

(b) 3 or more of those subjects, in the case of age groups of pupils who are in the third key stage and age groups of pupils who are in the fourth key stage, would be taught (wholly or mainly) through the medium of English to pupils in that age group.

(5) In the case of a school at which any relevant subject is taught to any pupils (wholly or mainly) through the medium of English, an alteration to the school such that all pupils at the school would be taught all relevant subjects (wholly or mainly) through the medium of Welsh.

(6) In the case of a school at which any relevant subject is taught to any pupils (wholly or mainly) through the medium of Welsh, an alteration to the school such that all pupils at the school would be taught all relevant subjects (wholly or mainly) through the medium of English.

(7) For the purposes of this paragraph, the following are relevant subjects–

(a) religious education, and

(b) the subjects other than English and Welsh which are foundation subjects, within the meaning of section 354 of the Education Act 1996, in relation to one or more key stages (whether or not they are foundation subjects in relation to the pupils concerned).

(8) For the purposes of this paragraph–

(a) “age group of pupils” means an age group of pupils who are normally taught together in an ordinary teaching session; and

(b) “ordinary teaching session” does not include a school assembly or other school activity conducted with large groups of pupils, and references to key stages shall be construed in accordance with section 355 of the Education Act 1996.

Section 7

The transfer of a school to a new site except the transfer to a site which formerly consisted of playing fields (within the meaning of section 77 of the Act) used by the school.

Section 1

The name of the local education authority or governing body publishing the proposals.

Section 2

The date on which the proposals are planned to be implemented or where the proposals are planned to be implemented in stages the date on which each stage is planned to be implemented.

Section 3

A statement explaining the effect of paragraph 7 of Schedule 6 or, as the case may be, paragraph 12 of Schedule 7, to the Act and regulation 8, including–

(a) the date by which objections should be sent to the local education authority or the Assembly; and

(b) the address of the local education authority or the Assembly to which objections should be sent.

Section 4

The location of the site of the proposed school (including, where appropriate, the postal address).

Section 5

The category (as set out in section 20(1)(d) or (e) of the Act) into which the proposed school will fall.

Section 6

Information as to the numbers, age group, sex and special educational needs of the pupils (distinguishing between boarding and day pupils) for whom provision is proposed.

Section 7

Information as to the numbers, age group, sex and special educational needs of the pupils (distinguishing between boarding and day pupils) for whom provision is made at the school (before the proposed alteration).

Section 8

A description of the proposed alteration.

Section 9

Where the proposals would result in the school being organised to make provision for pupils with a different type of special educational needs with the result that the provision which would be made for pupils currently at the school would be inappropriate to their needs, details of the other schools which such pupils may attend including any interim arrangements.

Section 10

Where the proposals relate to a foundation special school a statement as to whether the proposals are to be implemented by the local education authority or the governing body, and if the proposals are to be implemented by both, a statement as to the extent to which they are to be implemented by each body.

Section 11

If the proposals would result in pupils having to transfer to other schools, the proposed arrangements for transport of those pupils to those other schools.

Section 12

Information as to the numbers, age group, sex and special educational needs of the pupils (distinguishing between boarding and day pupils) for whom provision is made at the school.

Section 13

Details of the schools which pupils who are at the school to be discontinued may attend including any interim arrangements.

Section 14

Details of any other measures proposed to be taken to increase the number of school places available in consequence of the proposed discontinuance.

Section 15

The proposed arrangements for transport of such pupils to other schools.

Section 1

In this Schedule,

(a) any reference to proposals being approved or rejected (however framed) includes a reference to the body or promoters by whom they were published determining to implement or not to implement (as the case may be) the proposals under paragraph 9 of Schedule 6 to the Act; and

(b) references to the current school year are references to the school year in which the proposals are published.

Section 2

The objectives of the proposals.

Section 3

A statement indicating how the proposals would contribute to enhancing quality of education and how they support the policy for provision for children with special educational needs as set out in the education development plan prepared under section 6 of the Act by the local education authority who maintain the school or whom it is proposed should maintain the school.

Section 4

Evidence of the consultation carried out before the proposals were published including–

(a) copies of consultation documents; and

(b) the views and reports from the persons consulted.

Section 5

A statement indicating the consequences for the education of pupils with special education needs in the area if the proposals were rejected.

Section 6

A map showing the location of the school or proposed school.

Section 7

A list of all–

(a) special schools; and

(b) other schools maintained by a local education authority at which there is provision which is recognised by the local education authority as reserved for children with special educational needs, in the area of the local education authority who maintain or whom it is proposed should maintain the school.

Section 8

Information as to the number of pupils at each school referred to in paragraph 7 or, where the school is of a type referred to in paragraph 7(b), the number of pupils for whom the provision referred to in that sub-paragraph is made, in the current school year together with a forecast of that number for each of the subsequent five school years.

Section 9

Information as to the numbers of pupils with special educational needs of each type for whom the local education authority makes provision in the current school year together with a forecast of such numbers for each of the subsequent five school years.

Section 10

A forecast of the projected number of pupils at the school by sex and, where appropriate, type of special education need for which provision is made, for the four school years following the current school year.

Section 11

Details of proposed arrangements for the provision of transport to the proposed school.

Section 12

Details of the curriculum to be provided at the proposed school.

Section 13

Details of the proposed staffing including details of the time at which it is expected to appoint the head teacher.

Section 14

The following information relating to the proposed accommodation (including temporary accommodation)–

(a) the location of the accommodation;

(b) a site plan of the accommodation;

(c) whether the proposed school is to occupy a single or split site;

(d) how accessible the accommodation will be; and

(e) details of the general and specialist accommodation (both teaching and non teaching).

Section 15

Details of the costs of establishment of the proposed school.