Opening, altering or closing a state school

Published by a UUÂãÁÄÖ±²¥ Local Government expert
Practice notes

Opening, altering or closing a state school

Published by a UUÂãÁÄÖ±²¥ Local Government expert

Practice notes
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'school organisation' is the label given collectively to the various statutory processes involved in opening, altering and closing maintained schools.

England—establishing a new state-funded school

A local authority perceiving a need for a new state-funded school in its area must publish a notice under section 6A of the Education and Inspections Act 2006 (EIA 2006), inviting proposals for a new academy (commonly known as the ‘free school presumption’). The Department for Education (DfE) has produced guidance on how the free school presumption process should operate in practice. The local authority is responsible for providing the site for the new school and meeting all associated capital and pre- or post-opening revenue costs. If no suitable free school proprietor can be identified, then non academy proprietors maybe invited to meet the need by competitive process.

It seems to be only as a last resort that the Secretary of State will permit a local authority under EIA 2006, s 10 and/or EIA 2006, s 11 to propose itself as the founder of a new community school or invite

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Jurisdiction(s):
United Kingdom
Key definition:
School organisation definition
What does School organisation mean?

A term of art covering the legal processes for the proposing, approval and opening of new state schools and the alteration and closing of existing state schools.

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