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View the related practice notes about Mainstream school

Opening, altering or closing a state school

'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 schoolA 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...

Categories of schools

Education law treats different categories of school in different ways. The management systems of the school, its funding and the procedures for opening, closing or altering the school all depend on its category.The first level of categorisation distinguishes schools into three groups:•independent schools (commonly referred to as private schools)•academies and free schools, and•maintained schoolsFurther categorising divides schools by their ownership, by their pupil age ranges and by other selectivities of pupil intake.Many schools make no reference at all to these categories in their school name, on their website or when erecting signs at the school gate. The Department for Education (DfE) maintains a searchable online register of schools and colleges in England which provides information on each establishment, including the school type.Schools defined by their fundingAn independent school is defined as a school at which full-time education is provided for five or more pupils of ‘compulsory school age’, or for at least one child with an education, health and care (EHC) plan or a statement of special needs (in Wales)...