EDUCATION, ENGLAND AND WALES PART I GENERAL Citation and commencement 1 These Regulations may be cited as the Education (Special Schools) Regulations 1994 and shall come into force on 1st April 1994. Interpretation 2 1 In these Regulations— “the 1993 Act ” means the Education Act 1993; “funding authority” has the meaning assigned to it by section 5 of the 1993 Act; “grant-maintained special school” means a special school conducted by a governing body incorporated in pursuance of proposals for the purpose— made by the funding authority under section 183 of the 1993 Act, or made by a governing body under section 186 of the 1993 Act; “maintained special school” means a special school maintained by a local education authority; “non-maintained school” means a school which is not maintained by a local education authority and is not a grant-maintained school or a grant-maintained special school; “non-maintained special school” means a non-maintained school which has been approved as a special school under section 188 of the 1993 Act (including approval treated as given under subsection (3) of that section); “proprietor” means the person or body of persons responsible for the management of a school; “registered pupil” means a pupil registered as such in the register kept in accordance with section 80 of the Education Act 1944 ; “school” has the meaning assigned to it by section 14(5) of the Further and Higher Education Act 1992 ; “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 of the 1993 Act) and which is for the time being approved by the Secretary of State under section 188 of the 1993 Act, including approval treated as given under subsection (3) of that section. 2 Except where the context otherwise requires, any references in these Regulations to a regulation or Schedule is a reference to a regulation contained therin or to the Schedule thereto, any reference to a paragraph is a reference to a paragraph of the regulation or Schedule in which the reference is made, and any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made. Revocation 3 The Education (Approval of Special Schools) Regulations 1983 and the Education (Approval of Special Schools) (Amendment) Regulations 1991 are hereby revoked. PART II APPROVAL OF NON-MAINTAINED SCHOOLS Conditions of approval 4 The requirements set out in Part I of the Schedule shall be complied with by any non-maintained school which is specially organised to make special educational provision for pupils with special educational needs as a condition of its approval as a special school under section 188(1) of the 1993 Act. PART III REQUIREMENTS TO BE COMPLIED WITH BY SPECIAL SCHOOLS Non-maintained special schools 5 The requirements set out in both Parts I and II of the Schedule shall be complied with by any non-maintained school while approved as a special school under section 188 of the 1993 Act (including approval treated as given under subsection (3) of that section). Other special schools 6 The requirements set out in paragraph 1 of Part I of the Schedule and in paragraphs 6(1), 7 to 11 and 13 to 16 of Part II of that Schedule shall be complied with by any maintained special school or grant-maintained special school while approved under section 188 of the 1993 Act (including approval treated as given under subsection (3) of that section). PART IV WITHDRAWAL OF APPROVAL AS A SPECIAL SCHOOL 7 1 Subject to paragraph (2), the Secretary of State may withdraw his approval from a school on the ground that, in the case of that school, there has been a failure to comply with any requirement applicable to the school and contained in— a these Regulations; b the Regulations from time to time in force under section 218 of the Education Reform Act 1988 ; c the Regulations made under section 27 of the Education Act 1980 to the extent that they continue to have effect on the repeal of that section and the coming into force of section 218 of the Act of 1988 on 1st April 1989, or d the Regulations from time to time in force under section 10 of the Education Act of 1944. 2 Unless the Secretary of State is of the opinion that it is necessary or expedient so to do in the interests of the health, safety or welfare of pupils at a school, he shall not withdraw his approval of the school in pursuance of paragraph (1) without— a consulting the local education authority by whom the school is maintained or, in the case of a non-maintained special school or grant-maintained special school, the governing body thereof, and b if that authority or governing body so request, affording the school a period specified by him within which to comply with the requirement which has not been complied with; but, if he so directs, pending compliance with that requirement, the arrangements as respects the matter to which it relates shall be such as are temporarily approved by him. 3 The Secretary of State shall withdraw his approval of a school if the proprietor thereof in writing requests him so to do. PART V SPECIAL SCHOOLS IN HOSPITALS Application of Regulations to special schools in hospitals 8 1 This Regulation shall apply in the case of a special school which provides wholly or mainly for pupils who reside as patients, and receive education, in a hospital. 2 Paragraph 5 of the Schedule (premises) shall not apply in the case of the school and paragraphs 9 (health of pupils) and 11 (milk, meals and refreshment) thereof shall only apply in relation to such pupils, if any, as do not reside as patients in the hospital. 3 If the governing body of the school make arrangements approved by the Secretary of State in relation to any matter mentioned in any other provision of these Regulations then, in relation to that matter, that provision shall not apply; but a failure to comply with any requirement mentioned in the approved arrangements shall, for the purposes of Regulation 7, be treated as a failure to comply with a requirement contained in these Regulations. PART VI ESTABLISHMENT, ALTERATION AND DISCONTINUANCE OF MAINTAINED SPECIAL SCHOOLS Alterations for which notice must be served 9 The following are prescribed as alterations of a maintained special school for which notice of proposals must be served under section 183(6) of the 1993 Act— 1 any change in the number, age range or sex of the day or boarding pupils for which the school makes provision; 2 any change in the type of special educational needs for which the school makes provision or the type of special educational provision made by the school; 3 any significant enlargement of the premises of the school; 4 any transfer of the school to a new site unless at the time of transfer the school is intended to return to the existing site within three years. Persons on whom notice of establishment, alteration and discontinuance must be served 10 Where a local education authority are required to serve notice of their proposals to establish, alter or discontinue a maintained special school under section 183(6) of the 1993 Act, they shall, in addition to serving notice on the Secretary of State, serve notice on— a the funding authority (whether or not an order under section 12(1) of the 1993 Act applies to the area of the local education authority in whose area the school is or is proposed to be situated); b if the proposals will affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies, the appropriate further education funding council (as defined in section 1(6) of that Act); c the governing body of every grant-maintained special school in the area of the local education authority in whose area the school is or is proposed to be situated; d where the proposals are to alter or discontinue a special school, any local education authority which maintains a statement under section 168 of the 1993 Act in respect of a registered pupil at the school; e any local education authority whose area adjoins that of the authority in whose area the school is proposed to be situated and, where the proposal is to transfer the school to a site in the area of another authority, adjoining that area; f where the proposals are to discontinue the school, the registered parent of every registered pupil at the school. Information to be given in notice 11 Every notice served by a local education authority under section 183(6) of the 1993 Act shall give the following information— a the numbers, age group, sex and special educational needs of the pupils (distinguishing boarding and day pupils) for whom provision is currently made or, in the case of a proposed school, is proposed; b the special educational provision currently made or, in the case of a proposed school, proposed; c particulars of any alteration proposed, including particulars and location of any new site to which it is proposed to transfer the school; d the proposed date of implementation of the proposals, if approved; e the name and address of a person from whom further information regarding the proposals may be obtained; f an explanation of the procedure for submitting objections to the proposals under section 184(2) of the 1993 Act, including the period within which such objections are to be submitted and the name and address of the person to whom they are to be submitted. g the name of the authority by whom the notice is served and the date on which it is given.