School Standards and Framework Act 1998 (c. 31)
(The document as of February, 2008)
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School Standards and Framework Act 1998
1998 CHAPTER 31
ARRANGEMENT OF SECTIONS
Content
Part I
Measures to raise standards of school education
Chapter I
Limit on infant class sizes
1. Duty to set limit on infant class sizes.
2. Plans by LEAs for reducing infant class sizes.
3. Payment of grant in connection with reductions in infant class sizes.
4. Interpretation of Chapter I.
Chapter II
General responsibilities of local education authorities
Duty to promote high standards of education
5. Duty of LEAs to promote high standards in primary and secondary education.
Education development plans
6. Preparation of education development plans.
7. Approval, modification and review of statement of proposals.
Intervention by Secretary of State
8. Reserve power of Secretary of State to secure proper performance of LEA's functions.
Parent governor representatives on education committees
9. Education committees to include representatives of parent governors.
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Chapter III
Education action zones
10. Establishment of education action zones.
11. Establishment of Education Action Forum for zone.
12. Functions of Education Action Forum.
13. Disapplication of pay and conditions order in relation to teachers at participating schools.
Chapter IV
Intervention in schools causing concern
Intervention by LEAs
14. Powers of intervention exercisable by LEAs.
15. Cases where LEA may exercise powers of intervention.
16. Power of LEA to appoint additional governors.
17. Power of LEA to suspend right to delegated budget.
Intervention by Secretary of State
18. Power of Secretary of State to appoint additional governors.
19. Power of Secretary of State to direct closure of school.
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Part II
New framework for maintained schools
Chapter I
Introductory
The new categories of schools
20. New categories of maintained schools.
21. Kinds of foundation and voluntary schools and types of foundations.
22. Maintenance and other funding of schools.
23. Charitable status of maintained schools, etc.
New arrangements for organisation of schools
24. School organisation committees.
25. Adjudicators.
26. School organisation plans.
27. Power to require committees or adjudicators for Wales.
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Chapter II
Establishment, alteration or discontinuance of schools
Mainstream schools maintained by LEAs
28. Proposals for establishment or alteration of community, foundation or voluntary school.
29. Proposals for discontinuance of community, foundation, voluntary or maintained nursery school.
30. Notice by governing body to discontinue foundation or voluntary school.
Special schools maintained by LEAs
31. Proposals for establishment, alteration or discontinuance of community or foundation special school.
32. Direction requiring discontinuance of community or foundation special school.
Further provisions relating to establishment, alteration or discontinuance of schools
33. Further provisions relating to establishment, alteration or discontinuance of schools.
Rationalisation of school places
34. Rationalisation of school places.
Change of category of school
35. School changing from one category to another.
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Chapter III
Government of maintained schools
Governing bodies
36. Governing bodies.
Instruments of government
37. Instruments of government.
Functions of governing body
38. General responsibility of governing body for conduct of school.
39. Additional functions of governing body.
Control of school premises
40. Control of use of school premises by governing body.
Fixing of school holidays and times of sessions
41. Responsibility for fixing dates of terms and holidays and times of sessions.
Reports and parents' meetings
42. Governors' reports and other information.
43. Annual parents' meetings.
Government of new schools
44. Arrangements for government of new schools.
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Chapter IV
Financing of maintained schools
Budgetary framework
45. Maintained schools to have budget shares.
46. Determination of LEA's local schools budget and individual schools budget.
47. Determination of school's budget share.
Local education authority schemes
48. LEAs' financial schemes.
Financial delegation
49. Maintained schools to have delegated budgets.
50. Effect of financial delegation.
Suspension of financial delegation
51. Suspension of financial delegation for mismanagement etc.
Information
52. Financial statements.
53. Certification of statements by Audit Commission.
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Chapter V
Staffing and conduct of schools
Staffing of schools
54. Staffing of community, voluntary controlled and community special schools.
55. Staffing of foundation, voluntary aided and foundation special schools.
56. Staffing for non-school activities.
57. Payments in respect of dismissal, etc.
Appointment and dismissal of teachers of religious education
58. Appointment and dismissal of certain teachers at schools with a religious character.
Religious opinions etc. of staff
59. Staff at community, secular foundation or voluntary, or special school.
60. Staff at foundation or voluntary school with religious character.
Discipline: general
61. Responsibility of governing body and head teacher for discipline.
62. LEA's reserve power to prevent a breakdown of discipline.
School attendance targets
63. School attendance targets.
Exclusion of pupils
64. Power of head teacher to exclude pupils.
65. Exclusion of pupils: duty to inform parents, etc.
66. Functions of governing body in relation to excluded pupils.
67. Appeals against exclusion of pupils.
68. Exclusion of pupils: guidance.
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Chapter VI
Religious education and worship
Religious education
69. Duty to secure due provision of religious education.
Religious worship
70. Requirements relating to collective worship.
Exceptions and special arrangements etc.
71. Exceptions and special arrangements; provision for special schools.
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Chapter VII
Miscellaneous and supplemental
Further provisions relating to new schools
72. Further provisions relating to new schools.
Transfers of staff and land
73. Transfer of staff on appointed day.
74. Transfer of land on appointed day.
75. Transfer of land by governing body to trustees.
Disposals of land and on discontinuance
76. Disposals of land in case of certain schools and disposals on discontinuance.
77. Control of disposals or changes in use of school playing fields.
Rating
78. Rating of maintained schools.
Stamp duty
79. Stamp duty.
Further education
80. Provision of further education.
Modification of employment law
81. Application of employment law during financial delegation.
Supplementary provisions
82. Modification of trust deeds.
83. Modification of provisions making governors of foundation or voluntary school ex officio trustees.
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Part III
School admissions
Chapter I
Admission arrangements
Code of practice
84. Code of practice.
85. Making and approval of code of practice.
Parental preferences
86. Parental preferences.
87. No requirement to admit children permanently excluded from two or more schools.
Admission arrangements
88. Admission authorities and admission arrangements.
89. Procedure for determining admission arrangements.
90. Reference of objections to adjudicator or Secretary of State.
91. Special arrangements to preserve religious character of foundation or voluntary aided school.
92. Publication of information about admissions.
Admission numbers
93. Fixing admission numbers.
Admission appeals
94. Appeal arrangements: general.
95. Appeals relating to children to whom section 87 applies.
Power to direct admission of child to school
96. Direction to admit child to specified school.
97. Procedure for giving direction under section 96.
Nursery and special schools, etc: children with statements
98. Admission for nursery education or to nursery or special school: children with statements of special educational needs.
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Chapter II
Selection of pupils
Partial selection
99. General restriction on selection by ability or aptitude.
100. Permitted selection: pre-existing arrangements.
101. Permitted selection: pupil banding.
102. Permitted selection: aptitude for particular subjects.
103. Permitted selection: introduction, variation or abandonment of provision for such selection.
Grammar schools
104. Designation of grammar schools.
105. Procedure for deciding whether grammar schools should retain selective admission arrangements.
106. Ballot regulations: eligibility of parents to request or vote in ballot.
107. Restriction on publication of material etc. relating to ballots.
108. Implementation of decision that school should cease to have selective admission arrangements.
109. Proposals by governing body of grammar school to end selective admission arrangements.
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Part IV
Other provisions about school education
Home-school agreements
110. Home-school agreements.
111. Supplementary provisions about home-school agreements.
Extension of educational opportunities for Key Stage 4 pupils
112. Extended work experience for Key Stage 4 pupils.
113. Provision of secondary education for Key Stage 4 pupils by FE institutions.
School meals
114. Nutritional standards for school lunches.
115. Extension of LEA functions concerning school lunches, etc.
116. Transfer of LEA functions concerning school lunches, etc. to governing bodies.
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Part V
Nursery education
Nursery education
117. Definition of "nursery education".
General duty of local education authority
118. Duty of LEA as respects availability of nursery education.
Early years development partnerships
119. Early years development partnerships.
Early years development plans
120. Early years development plans.
121. Approval, modification and review of statement of proposals.
Inspection of nursery education
122. Inspection of nursery education.
Further provisions relating to nursery education
123. Children with special educational needs.
124. Travel arrangements for children receiving nursery education otherwise than at school.
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Part VI
Partnership arrangements in Wales
125. Partnership arrangements to secure provision of certain further education in Wales.
126. Provisions relating to education provided under partnership arrangements.
Part VII
Miscellaneous and general
Code of practice for local education authorities and maintained schools
127. Code of practice for securing effective relationships between LEAs and maintained schools.
Financial assistance to non-maintained schools
128. Financial assistance to non-maintained schools.
129. Payment of school expenses; grant of scholarships, etc.
130. Transfer of assisted places.
Abolition of corporal punishment
131. Abolition of corporal punishment in schools etc.
The funding authorities
132. Dissolution of Funding Agency for Schools.
133. Removal of power to establish Schools Funding Council for Wales.
School and nursery inspections
134. Publication of inspection reports.
135. Miscellaneous amendments relating to school and nursery inspections.
Education Assets Board
136. Change of name of Education Assets Board.
137. Education Transfer Council: alteration of functions and provision for dissolution.
Supplementary
138. Orders and regulations.
139. Financial provisions.
140. Minor and consequential amendments and repeals.
Construction
141. Minor authorities.
142. General interpretation.
143. Index.
Final provisions
144. Transitional provisions etc.
145. Short title, commencement and extent.
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SCHEDULES:
Schedule 1
Provisions relating to an Education Action Forum.
Schedule 2
Allocation of existing schools to new categories.
Schedule 3
Funding of foundation, voluntary and foundation special schools.
Part I
Foundation, voluntary controlled and foundation special schools.
Part II
Voluntary aided schools.
Part III
Foundation, voluntary and foundation special schools: common provisions.
Schedule 4
School organisation committees.
Schedule 5
Adjudicators.
Schedule 6
Statutory proposals: procedure and implementation.
Part I
Procedure for dealing with statutory proposals: England.
Part II
Procedure for dealing with statutory proposals: Wales.
Part III
Manner of implementation of statutory proposals.
Part IV
Provision of premises and other assistance.
Part V
Transitional exemption orders for purposes of Sex Discrimination Act 1975.
Schedule 7
Rationalisation of school places.
Part I
Introductory.
Part II
Directions to bring forward proposals.
Part III
Proposals by Secretary of State.
Part IV
Procedure for dealing with proposals under paragraph 5: England.
Part V
Procedure for dealing with proposals under paragraph 5: Wales.
Part VI
Transitional exemption orders for purposes of Sex Discrimination Act 1975.
Schedule 8
Changes of category of school.
Schedule 9
Constitution of governing bodies.
Part I
Categories of governor.
Part II
Constitution of governing bodies.
Schedule 10
Incorporation and powers of governing bodies.
Schedule 11
Membership and proceedings etc. of governing bodies.
Part I
Membership and proceedings.
Part II
Other provisions about governors.
Part III
Clerk to the governing body.
Schedule 12
Instruments of government.
Schedule 13
Control of school premises by governing bodies.
Schedule 14
Local education authority schemes: approval, imposition and revision.
Schedule 15
Suspension of financial delegation.
Schedule 16
Staffing of community, voluntary controlled and community special schools.
Schedule 17
Staffing of foundation, voluntary aided and foundation special schools.
Schedule 18
Appeals against exclusion of pupils.
Schedule 19
Required provision for religious education.
Schedule 20
Collective worship.
Schedule 21
Transfers of land on appointed day.
Part I
General provisions.
Part II
Rules relating to transfers.
Part III
Property excluded from transfers.
Schedule 22
Disposals of land in case of certain schools and disposals on discontinuance.
Part I
Foundation, voluntary and foundation special schools: disposals of land.
Part II
Maintained schools: disposals on discontinuance.
Part III
General.
Schedule 23
Determination, variation and review of standard numbers.
Part I
Determination of standard numbers.
Part II
Variation of standard numbers: England.
Part III
Variation of standard numbers: Wales.
Part IV
Review of standard numbers.
Schedule 24
Admission appeals.
Part I
Constitution of appeal panels.
Part II
Procedure.
Schedule 25
Children to whom section 87 applies: appeals by governing bodies.
Schedule 26
Inspection of nursery education.
Schedule 27
Further provision about partnership arrangements in Wales.
Schedule 28
Amendments relating to school and nursery inspections.
Part I
School inspections.
Part II
Nursery inspections.
Schedule 29
Amendments relating to functions of Education Transfer Council.
Schedule 30
Minor and consequential amendments.
Schedule 31
Repeals.
Schedule 32
Transitional provisions and savings.
Part I
Funding.
Part II
Other provisions.
An Act to make new provision with respect to school education and the provision of nursery education otherwise than at school; to enable arrangements to be made for the provision of further education for young persons partly at schools and partly at further education institutions; to make provision with respect to the Education Assets Board; and for connected purposes.
[24th July 1998]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--
Part I Measures to raise standards of school education
Chapter I Limit on infant class sizes
1 Duty to set limit on infant class sizes
(1) The Secretary of State shall by regulations--
(a) impose a limit on class sizes for infant classes at maintained schools; and
(b) specify the school years in relation to which any such limit is to have effect.
(2) Any limit imposed under this section shall specify the maximum number of pupils that a class to which the limit applies may contain while an ordinary teaching session is conducted by a single qualified teacher.
(3) Subject to subsections (4) and (5), regulations under this section shall be so framed that--
(a) the maximum number specified in pursuance of subsection (2) is 30, and
(b) that limit has effect in relation to the 2001-02 school year and any subsequent year.
(4) Regulations under this section may--
(a) provide for any limit imposed under this section to take effect--
(i) at the same time in the case of each of the age groups into which the pupils in infant classes fall, or
(ii) at different times (which may be earlier than the beginning of the school year mentioned in subsection (3)) in the case of different such age groups;
(b) provide that, in any circumstances specified in the regulations, any such limit either is not to apply or is to operate in such manner as is so specified.
(5) The Secretary of State may by order amend subsection (3)--
(a) by substituting for "30" such other number as is specified in the order; or
(b) by substituting for the reference to the 2001-02 school year a reference to such other school year as is so specified.
(6) Where any limit imposed under this section applies to an infant class at a maintained school, the local education authority and the governing body shall exercise their functions with a view to securing that that limit is complied with in relation to that class.
2 Plans by LEAs for reducing infant class sizes
(1) Every local education authority shall prepare a statement setting out the arrangements which the authority propose to make for the purpose of securing that any limit imposed under section 1 is complied with in relation to infant classes at schools maintained by the authority.
(2) The statement shall--
(a) contain such information as to the proposed arrangements, and
(b) take such form,
as may be prescribed; and in preparing the statement the authority shall have regard to any guidance given from time to time by the Secretary of State.
(3) In the course of preparing the statement the authority shall carry out such consultation as may be prescribed.
(4) A prescribed body or person, or a body or person falling within any prescribed category, shall provide the authority--
(a) with such documents or information, or
(b) with such other assistance,
as the authority may reasonably request from that body or person for the purpose of enabling them to prepare the statement.
(5) The authority shall submit the statement to the Secretary of State for his approval--
(a) by such date as may be prescribed, or
(b) by such later date as he may allow, where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to the authority;
and different dates may be prescribed for different authorities.
(6) If the Secretary of State decides not to approve the authority's proposed arrangements--
(a) he shall notify the authority of his decision and of his reasons for it; and
(b) the authority shall prepare a revised statement under this section in respect of their proposed arrangements.
(7) Where the authority are required by subsection (6) to prepare a revised statement, the preceding provisions of this section shall apply to it as they applied to the original statement, except that--
(a) in preparing the revised statement the authority shall have regard to the Secretary of State's reasons for not approving their original proposals; and
(b) the revised statement shall be submitted to the Secretary of State by such date as he may determine.
(8) In subsection (4) "document" includes information recorded otherwise than in legible form, and the reference to the provision of a document is, in the case of information so recorded, a reference to the provision of a copy of that information in legible form.
3 Payment of grant in connection with reductions in infant class sizes
(1) Regulations shall make provision for the payment by the Secretary of State of grants to local education authorities in respect of expenditure incurred or to be incurred by them for the purpose of securing that any limit imposed under section 1 is complied with in relation to infant classes at schools maintained by them.
(2) Regulations under this section shall provide for the Secretary of State--
(a) to withhold grants under the regulations from a local education authority where no proposed arrangements by that authority have been approved by him under section 2; and
(b) when determining whether any grant (and, if so, what amount) should be paid by him under the regulations to a local education authority, to have regard to their proposed arrangements as so approved.
(3) Regulations under this section may provide--
(a) for the payment of grant under the regulations to be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations, and
(b) for requiring local education authorities to whom payments have been made under the regulations to comply with such requirements as may be so determined.
4 Interpretation of Chapter I
In this Chapter--
"class" means a group in which pupils are taught in an ordinary teaching session;
"infant class" means a class containing pupils the majority of whom will attain the age of five, six or seven during the course of the school year;
"ordinary teaching session" does not include a school assembly or other school activity usually conducted with large groups of pupils;
"qualified teacher", in relation to an infant class, means--
(a)
a person who is a qualified teacher in relation to that class for the purposes of section 218(1)(a) of the [1988 c. 40.] Education Reform Act 1988 (regulations relating to teachers' qualifications, etc.), or
(b)
any other person who in accordance with regulations under that provision may be employed as a teacher of that class.
Chapter II General responsibilities of local education authorities
Duty to promote high standards of education
5 Duty of LEAs to promote high standards in primary and secondary education
After section 13 of the [1996 c. 56.] Education Act 1996, there shall be inserted--
" 13A Duty to promote high standards in primary and secondary education
(1) A local education authority shall ensure that their functions relating to the provision of education to which this section applies are (so far as they are capable of being so exercised) exercised by the authority with a view to promoting high standards.
(2) This section applies to education for--
(a) persons of compulsory school age (whether at school or otherwise); and
(b) persons of any age above or below that age who are registered as pupils at schools maintained by the authority;
and in subsection (1) "functions" means functions of whatever nature. "
Education development plans
6 Preparation of education development plans
(1) Every local education authority shall prepare an education development plan for their area, and shall prepare further such plans at such intervals as may be determined by or in accordance with regulations.
(2) An education development plan shall consist of--
(a) a statement of proposals, which sets out proposals by the authority for developing their provision of education for children in their area, whether by--
(i) raising the standards of education provided for such children (whether at schools maintained by the authority or otherwise than at school), or
(ii) improving the performance of such schools,
or otherwise; and
(b) annexes to that statement.
(3) In subsection (2) "children" means--
(a) persons of compulsory school age (whether at school or otherwise), or
(b) persons of any age above or below that age who are registered as pupils at schools maintained by the authority.
(4) The statement of proposals must--
(a) deal with such matters, and relate to such period, as may be determined by or in accordance with regulations, and
(b) be approved by the Secretary of State under section 7.
(5) The annexes to the statement--
(a) must contain such material as may be prescribed; and
(b) may contain such other material as the authority consider relevant to their proposals as set out in the statement.
(6) In preparing an education development plan the authority shall have regard, in particular, to the education of children (within the meaning of subsection (2)) who have special educational needs.
(7) In the course of preparing an education development plan the authority shall consult--
(a) the governing body and head teacher of every school maintained by the authority;
(b) the appropriate diocesan authority for any foundation or voluntary school in their area which is a Church of England, Church in Wales or Roman Catholic Church school; and
(c) such other persons as they consider appropriate.
(8) In its operation at any time before the appointed day (as defined by section 20(7)), subsection (7)(a) above shall be read as referring also to the governing body of every grant-maintained or grant-maintained special school situated in the authority's area.
(9) In performing their functions under this section the authority shall have regard to any guidance given from time to time by the Secretary of State.
7 Approval, modification and review of statement of proposals
(1) Where a local education authority have prepared an education development plan in accordance with section 6, they shall, by such date as may be determined by or in accordance with regulations, submit the plan to the Secretary of State for him to approve the authority's statement of proposals under this section.
(2) The Secretary of State may in the case of any statement submitted to him under this section--
(a) approve the statement in any of the following ways, namely wholly or in part, for a limited period of time, or subject to conditions;
(b) require the authority to make such modifications to the statement as he may specify; or
(c) reject the statement.
(3) If the Secretary of State approves the statement--
(a) he shall notify the authority of his decision; and
(b) the authority shall implement the proposals set out in the statement, so far as approved by the Secretary of State, as from such date as he may determine.
(4) If the Secretary of State requires the authority to make modifications or rejects the statement--
(a) he shall notify the authority of his decision and of his reasons for it, and
(b) the authority shall prepare a revised statement and submit it to the Secretary of State for his approval under this section by such date as he may determine.
(5) Once the Secretary of State has approved an authority's statement of proposals under subsection (2), he shall keep under review the authority's proposals, as approved by him, and their implementation by the authority, and--
(a) where he is of the opinion that the statement should be modified (or further modified), he may withdraw his approval and require the authority to make such modifications to the statement as he may specify; and
(b) where he is of the opinion that the authority's proposals are not being properly implemented by them, he may withdraw his approval for such period as he thinks fit.
(6) If under subsection (5) the Secretary of State withdraws his approval of a statement of proposals--
(a) he shall notify the authority of his decision and of his reasons for it; and
(b) in a case falling within paragraph (a) of that subsection, the authority shall prepare a revised statement and submit it to him for his approval under this section by such date as he may determine.
(7) Section 6 shall apply to the preparation of a revised statement under subsection (4)(b) or (6)(b) above, with such modifications (if any) as the Secretary of State may determine.
(8) At any time after the Secretary of State has approved an authority's statement of proposals under subsection (2)--
(a) the authority may submit modifications to the statement to the Secretary of State for his approval,
(b) the Secretary of State may approve the modifications, whether in whole or in part, for a limited period of time, or subject to conditions, and
(c) if and to the extent that he approves those modifications, he shall notify the authority of his decision and--
(i) the statement shall have effect with the modifications, and
(ii) the authority shall implement their proposals as modified,
as from such date as he may determine.
(9) Once the Secretary of State has approved--
(a) an authority's statement of proposals under subsection (2), or
(b) the modification of an authority's statement of proposals under subsection (8),
the authority shall publish their education development plan (or their plan as so modified) in such manner and by such date as may be prescribed, and shall provide such persons as may be prescribed with copies of that plan or of a summary version of that plan.
(10) In section 484 of the [1996 c. 56.] Education Act 1996 (education standards grants) references to "eligible expenditure" include expenditure for or in connection with the implementation by local education authorities of their education development plans.
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