Citation, commencement and extent

1. —(1) These Regulations may be cited as the Education Standards Fund (England) Regulations 2000 and shall come into force on 1st April 2000.

(2) These Regulations apply only in relation to England.

Interpretation

2. —(1) In these Regulations–

“the 1989 Act” means the Local Government and Housing Act 1989( 2 );

“the 1996 Act” means the Education Act 1996;

“the 1998 Act” means the School Standards and Framework Act 1998( 3 );

“advanced education” means full-time education for the purposes of–

“advanced skills teacher” means a teacher who has been certified by an assessor appointed by the Secretary of State for Education and Employment as eligible for appointment to that post and who has been so appointed;

“approved expenditure” means any expenditure which is approved as provided in regulation 3 below;

“beacon school” means a maintained school participating in the Department for Education and Employment’s programme for beacon schools which requires schools to undertake responsibilities in relation to disseminating good practice in schools;

“city learning centre” means a centre established by a partnership of education authorities and schools in an area which is included in Excellence in Cities to develop, support and provide teaching and learning through information and communication technology;

“determine” means determine by notice in writing;

“DomEx project” means the project developed by a partnership of education authorities and other bodies which links city learning centres with the education centre based at the Millennium Dome, Greenwich, to develop, support and provide teaching and learning through information and communication technology;

“early excellence centre” means an institution for providing education and other related services for children under compulsory school age (whether or not it also provides such services for other persons) participating in the Department for Education and Employment’s pilot programme for early excellence centres;

“early years development plan” means a plan prepared by an education authority in accordance with section 120 of the 1998 Act;

“education authority” means a local education authority;

“education development plan” means a plan prepared by an education authority in accordance with section 6 of the 1998 Act;

“Excellence in Cities” means the programme of action by the Department for Education and Employment to raise education standards in selected urban areas;

“family literacy programmes” means programmes which enable parents to improve their own literacy skills while helping their children to read and write;

“family numeracy programmes” means programmes which enable parents to improve their own numeracy skills while helping their children with numeracy;

“financial year” means a period of 12 months beginning on 1st April;

“key skills qualification” means a qualification accredited as such by the Qualifications and Curriculum Authority under section 24(2)(g) of the Education Act 1997( 4 );

“key stage 2” means the second key stage referred to in section 355(1)(b) of the 1996 Act;

“key stage 3” means the third key stage referred to in section 355(1)(c) of the 1996 Act;

“leading mathematics teacher” means an experienced mathematics teacher who is required to provide demonstration mathematics lessons;

“learning mentor” means a person appointed or engaged to work at one or more secondary schools included in Excellence in Cities to assist those pupils who need additional support to overcome barriers to learning both inside and outside school;

“learning support unit” means a unit in a secondary school included in Excellence in Cities which provides separate short-term teaching and support programmes for pupils who need intensive support;

“local authority lifelong learning development plan” means a plan prepared by an education authority setting out the steps it proposes to take to improve the learning opportunities for adults and widen participation in learning;

“mainstream school” means a maintained school other than a special school;

“maintained school” means a school maintained by an education authority;

“National Grid for Learning” means a system of inter-connecting networks and education services based on the Internet which is designed to support teaching, learning, training and administration in schools, the wider education service, and the community;

“non-maintained special school” means a special school which is not a maintained special school;

“non-statutory education action zone” means two or more schools which have obtained the approval of the Secretary of State for Education and Employment to their constituting collectively a non-statutory education action zone;

“nursery education” has the meaning given to it in section 117 of the 1998 Act;

“parent governor representative” means a person elected to a committee of an education authority or authorities in accordance with regulations 3 to 7 of the Education (Parent Governor Representatives) Regulations 1999( 5 );

“prescribed expenditure” means

“relevant lender” has the meaning given to it in regulation 65(1) of the Local Authorities (Capital Finance) Regulations 1997( 6 );

“school day” has the meaning given to it in section 579(1) of the Education Act 1996;

“school development plan” means a plan prepared by a school which sets out its main goals, what action is necessary to achieve those goals, the resources required and how success will be measured;

“small school” means

“special educational needs” has the meaning given to it in section 312 of the 1996 Act;

“special needs assistant” means an employee of an education authority or of the governing body of a school who is normally present in a classroom with a teacher and who assists the teacher in relation to children with special educational needs;

“special school” has the meaning given to it in section 337(1) of the 1996 Act;

“specialist school” means a maintained school which specialises in–

“standards fund grant” means a grant under these Regulations;

“study support centre” means a centre providing an out of school hours learning programme aimed at raising standards in literacy and numeracy;

“summer literacy school” means a scheme taking place during the summer holidays which aims to raise standards of literacy in pupils who are about to join secondary schools;

“summer numeracy school” means a scheme taking place during the summer holidays which aims to raise standards of numeracy in pupils who are about to join secondary schools;

“teacher” means a person who by virtue of regulations( 7 ) relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988( 8 ) is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section;

“teaching assistant” means an employee of an education authority or of the governing body of a school who is normally present in a classroom with a teacher and who assists the teacher; and

“youth and community worker” means a person employed or working in a voluntary capacity in connection with the provision of facilities of a kind mentioned in sections 2(3)(b) or 508 of the 1996 Act other than a person undertaking duties that are solely administrative, secretarial, clerical or manual.

(2) The conditions referred to in sub-paragraph (b) of the definition of “ prescribed expenditure” in paragraph (1) above are that on 1st April 2000 the education authority–

(a) has a credit ceiling, as determined under Part III of Schedule 3 to the 1989 Act which was nil or a negative amount; and

(b) had no money outstanding by way of borrowing other than –

(i) short-term borrowing (within the meaning of section 45(6) of the 1989 Act); or

(ii) borrowing undertaken before 24th August 1995, other than borrowing by the issue of stock on or after 15th December 1993 from a person who is not a relevant lender.

Expenditure in respect of which standards fund grants are payable

3.Standards fund grants shall only be payable in respect of prescribed expenditure incurred or to be incurred in a financial year to the extent to which that expenditure is approved for that year by the Secretary of State for the purposes of these Regulations.

Standards fund grants in respect of payments to third parties

4. Where–

(a) an education authority incurs expenditure in making payments, whether by way of maintenance, assistance or otherwise, to any other body or persons (including another education authority) who incur expenditure for or in connection with educational purposes; and

(b) that expenditure of the recipient of the payments or any part thereof would be prescribed expenditure if it were expenditure of the authority,

such payments shall to that extent be treated as prescribed expenditure for the purposes of these Regulations.

Rate of standards fund grant

5. —(1) Except as provided in paragraph (2) below, standards fund grants in respect of approved expenditure incurred on or after 1st April 2000 shall be payable at the rate of 50 per cent. of such expenditure in respect of items referred to in the paragraphs of Schedule 1 other than paragraph 45.

(2)Standards fund grants in respect of approved expenditure incurred on or after 1st April 2000 in respect of items referred to in the paragraphs of Schedule 1 listed in the left hand column of the table below shall be payable at the percentage rate of such expenditure specified in relation thereto in the right hand column of the table.

(3)Standards fund grant in respect of approved expenditure incurred on or after 1st April 2000 in respect of items referred to in paragraph 45 of Schedule 1 shall be payable, in relation to the education authorities listed in the left hand column of the table in Schedule 2, at the percentage rate of such expenditure specified in the right hand column of the table.

Conditions for payment of standards fund grant

6. —(1) No payment of standards fund grant shall be made except in response to an application from an education authority to the Secretary of State.

(2) An education authority shall, when requested by the Secretary of State, inform him of the approved expenditure, in respect of which an application for grant has been made which has been or which it is estimated will be incurred by the education authority during the course of the financial year.

(3) Where an application relating to approved expenditure to be incurred during the period commencing on 1st January in any financial year is submitted under paragraph (1) above, the Secretary of State may make a single payment of standards fund grant of such amount as he may determine at such time as he considers appropriate in respect of such expenditure, but no further payment of standards fund grant shall be made in respect of that expenditure until a statement has been submitted in accordance with paragraph (4)(a) below.

(4) Each education authority that has received or seeks to receive a payment of standards fund grant in respect of expenditure incurred during any financial year shall, before 1st October in the following financial year or as soon as practicable after that date–

(a) submit to the Secretary of State a statement which shall specify the approved expenditure in respect of which standards fund grant has been or is being applied for which has been incurred by the education authority during that year; and

(b) secure the submission to the Secretary of State of a certificate signed by the auditor appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales to audit the accounts of the authority or any auditor qualified for such appointment by virtue of sections 5, 6 and 7 of the Audit Commission Act 1998( 9 ) certifying that in his opinion the particulars stated in the statement submitted by the authority pursuant to this paragraph are fairly stated and that the expenditure incurred was approved for the purposes of section 484 or, in the case of expenditure in respect of the items referred to in paragraph 26 of the Schedule, section 488 of the 1996 Act.

(5) Any under-payment or over-payment of standards fund grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph (4)(b) above shall, without prejudice to the recovery of any over-payment from any subsequent payment of standards fund grant to the education authority, be adjusted by payment between the authority and the Secretary of State.

7. Where at the time of approving expenditure for the purposes of these Regulations, the Secretary of State requests information in respect of any purpose listed in Schedule 1, payment of standards fund grant in respect of that purpose shall be conditional on that information being included in the education authority’s application for payment of grant.

8. —(1) The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment under these Regulations shall be dependent.

(2) Where conditions have been determined under this regulation no standards fund grant shall be payable unless such conditions have either been fulfilled or been withdrawn under paragraph (3) below.

(3) The Secretary of State may determine to withdraw or, after consulting the education authority, vary conditions determined under this regulation.

Requirements to be complied with

9. Any education authority to whom a payment of standards fund grant has been made shall, if so required by the Secretary of State, furnish him with such further information as may be required to enable him to verify that any grant paid has been properly paid under these Regulations.

10. —(1) Any education authority to whom a payment of standards fund grant has been made shall comply with such requirements as may be determined by the Secretary of State in the case in question.

(2) Requirements determined under this regulation may in particular include requirements as to–

(a) the repayment of standards fund grant;

(b) the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved–

(i) with the aid of standards fund grant; or

(ii) by any other body or persons referred to in regulation 4(a) above with the aid of payments made by the authority in respect of which standards fund grant has been paid; or

(c) the payment of interest on sums due to the Secretary of State.

11. —(1) The Secretary of State may require any education authority to whom a payment of standards fund grant in respect of the items specified in paragraphs 1, 3 to 7, 10 to 13, 16 to 19, 24 to 26, 30, 32 to 36, and 38 to 42 of Schedule 1 is made to delegate decisions about the spending of–

(a) such grant, and

(b) the amount allocated by the authority to meet the prescribed expenditure approved in accordance with regulation 3,

to the governing body of a maintained school.

(2) The Secretary of State may determine to withdraw or, after consulting the education authority, vary requirements determined in pursuance of this regulation.

Revocation, amendment and transitional provisions

12. —(1) The following Regulations are hereby revoked, namely–

(a) The Education (Education Standards Etc. Grants) (England) Regulations 1999( 10 )

(b) The Education (Education Standards Etc. Grants) (England) Regulations 1999 (Amendment) Regulations 1999( 11 );

(c) The Education (Education Standards Etc. Grants) (England) Regulations 1999 (Amendment) (No. 2) Regulations 1999( 12 ).

(2) Notwithstanding paragraph (1), Regulations made under section 484 of the 1996 Act( 13 ) shall continue to apply in relation to financial years beginning before 1st April 2000 for the purpose of paying grant in respect of expenditure incurred in those financial years and any condition or requirement determined by or in accordance with any of those Regulations shall continue to apply.

Regulations 2, 5 and 11

SCHEDULE 1 PURPOSES FOR OR IN CONNECTION WITH WHICH STANDARDS FUND GRANTS ARE PAYABLE

1. Support for measures to improve the standards attained by pupils in maintained schools, including–

(a) support for measures identified in school development plans;

(b) support for measures to improve standards in schools which are causing concern;

(c) support for measures to improve standards in schools included in an education authority’s education development plan; and

(d) support for high quality work related learning projects with the intention of raising levels of attainment and motivation of 14 to 16 year olds in maintained secondary schools.

2. —(a) Support for the assessment and training of persons undertaking or preparing to undertake the National Professional Qualification for Headship.

(b) Support for the training of serving headteachers undertaking the national leadership programme for serving headteachers.

3. Support and training for teachers and for curriculum planning–

(a) for the effective introduction in maintained schools of vocational courses leading to General National Vocational Qualifications, other than Part I General National Vocational Professional Qualifications, or any qualifications which replace General National Vocational Qualifications;

(b) for the effective introduction of courses leading to GCE A level and AS examinations (that is to say General Certificate of Education advanced level and advanced subsidiary examinations);

(c) for the effective introduction of post-16 key skills qualifications, or units thereof, in maintained schools; and

(d) in preparation for any other changes to the organisation, teaching and assessment of the post-16 curriculum in maintained schools.

4. Preparation for changes to the National Curriculum or in relation to personal, social and health education.

5. Support for maintained schools designated by the Secretary of State as “ Training Schools” for the purposes of the development and promotion of good practice in relation to the initial training of teachers in schools.

6. —(a) Support for the establishment of advanced skills teacher posts in specialist schools, including the provision of additional staff to assist such schools for periods during which teachers are carrying out activities related to their advanced skills teacher status and for the additional cost of employing an advanced skills teacher.

(b) (i) Support for the establishment of advanced skills teacher posts in maintained schools, including the provision of additional staff to assist such schools for periods during which teachers are carrying out activities related to their advanced skills teacher status and for the additional cost of employing an advanced skills teacher; and

(ii) support for the additional costs of employing advanced skills teachers who are not attached to a particular school.

7. —(a) Support for beacon schools to assist them in undertaking activities designed to disseminate good practice in schools, including the provision of additional staff to assist such schools for periods during which teachers are undertaking such activities.

(b) Support, equipment and training for the teaching of–

(i) mathematics, science and technology in specialist schools specialising in those subjects;

(ii) modern foreign languages in specialist schools specialising in those subjects;

(iii) the fine arts, performing arts or the media arts in specialist schools specialising in those subjects; and

(iv) sport in specialist schools specialising in that subject.

(c) The improvement or alteration of the premises of specialist schools, other than an improvement or alteration which is necessary to enable an education authority to fulfil their duty under section 14 of the 1996 Act to secure that sufficient schools are available for their area.

8. Support for the training and development of staff providing nursery education when the education provided is included in an education authority’s early years development plan.

9. Support for the provision of education, related day care, family education, training and development of staff and related services by early excellence centres.

10. —(a) Support for the employment of consultants to provide training in maintained primary schools to improve the teaching of literacy.

(b) Support for the training of teachers of literacy in maintained primary schools, including the provision of additional staff to assist such schools for the periods during which teachers are attending training courses.

(c) The provision of books, information and communication technology and other equipment for use in connection with the teaching of literacy.

11. —(a) Support for the employment of consultants to provide training in maintained primary, middle and special schools to improve the teaching of mathematics.

(b) Support for the training of teachers of mathematics in maintained primary, middle and special schools, including the provision of additional staff to assistschools requiring intensive support from consultants for the periods during which teachers are attending training courses.

(c) Support for leading mathematics teachers, including the provision of additional staff to assistschools for the periods during which these teachers are planning and preparing demonstration mathematics lessons and giving support to local teachers.

(d) The provision of equipment for use in connection with the teaching of mathematics at maintained schools.

(e) The provision of supply cover for teachers in maintained primary, middle and special schools who attend training courses relating to the teaching of mathematics.

(f) The provision of supply cover for teachers in maintained primary, middle and special schools who attend 5 day intensive training courses relating to the teaching of mathematics.

12. Support for the setting up and running of summer literacy schools and summer numeracy schools and Year 7 literacy and mathematics intervention programmes including–

(a) support for the training of mathematics teachers at key stage 3, including the provision of additional staff to assistschools for the periods during which teachers are attending training courses;

(b) the provision of books, information and communication technology and other equipment for use in connection with the teaching of literacy and numeracy; and

(c) support for the employment of consultants to provide training in maintained secondary schools to improve the teaching of literacy and numeracy.

13. Support for additional literacy and numeracy classes for pupils in maintained schools who will be completing key stage 2 in the summer of 2001.

14. The improvement of literacy and numeracy skills of parents and children through family literacy programmes; and the improvement of numeracy skills of parents and children through family numeracy programmes.

15. Support in establishing and maintaining study support centres within, or near, the premises of Premier League and Football League Clubs.

16. —(a) Support for the development of strategies across the authority’s area for learning outside school lessons, including the provision of some services to schools.

(b) Support for schools and persons working in partnership with schools to provide out of school lessons learning activities.

17. Measures to provide equality of educational opportunity for all minority ethnic groups, including in particular measures to assistpupils for whom English is an additional language and measures to raise standards of achievement for those minority ethnic groups who are particularly at risk of under-achieving.

18. —(a) Training for governors, headteachers, teachers and special needs assistants in maintained schools and non-maintained special schools, and for those staff in education authority support services with responsibility for children with special educational needs.

(b) The encouragement of partnerships between parents, education authorities, schools, providers of early years education and others in identifying and meeting the needs of pupils with special educational needs, including the provision of independent conciliation services.

(c) Support for measures to encourage the inclusion of children with special educational needs within mainstream schools.

(d) Support for the development of links between special schools and mainstream schools.

(e) Support for children with emotional and behavioural difficulties or at risk of developing emotional and behavioural difficulties.

(f) Support for pilot projects to improve speech and language therapy service provision for children with special educational needs.

19. —(a) Support for measures–

(i) to improve pupils' behaviour in order to reduce the number of exclusions and the level of truancy from schools, including measures to encourage the attendance of children with behavioural difficulties at mainstream schools and to reduce teenage pregnancies;

(ii) to provide adequate education for all children of compulsory school age excluded from school for more than 15 school days and full-time education for permanently excluded children.

(b) (i) Training for teachers and youth and community workers with responsibility for providing education and advice relating to the misuse of drugs.

(ii) Support for other measures (including initiatives to promote inter-agency working) to assistteachers and youth and community workers in providing education about the misuse of drugs and development of drug education and drug related incident management policies.

(c) The training of youth and community workers.

(d) Support for measures designed to improve the educational achievements of children who are looked after by local authorities.

(e) Support for–

(i) the additional cost of reintegrating mothers of compulsory school age into education;

(ii) mothers and expectant mothers of compulsory school age in education including the costs of child care and transport to and from child care facilities;

(iii) recruiting and training learning mentors for mothers and expectant mothers of compulsory school age; and

(iv) measures to reduce the level of pregnancy among pupils through better personal, social and health education.

20. The provision of financial assistance to pupils over compulsory school age who attend a maintained school and who are in need of such assistance in order to continue to participate fully in such education and to achieve an appropriate standard.

21. —(a) Support for expenditure incurred by an education authority listed in sub-paragraph (b) below for or in connection with the provision of financial assistance to students over compulsory school age who are in full-time education, other than for the purpose of advanced education.

(b) The education authorities referred to in sub-paragraph (a) above are–

• Bolton

• Cornwall

• Doncaster

• Gateshead

• Greenwich

• Lambeth

• Leeds

• Lewisham

• Middlesbrough

• Nottingham City

• Oldham

• Southampton

• Southwark

• Stoke-on-Trent

• Walsall.

22. —(a) Support for the establishment of city learning centres, including support in relation to–

(i) the design and capital costs of such centres;

(ii) the recruitment and training of staff;

(iii) the provision of computer hardware and software and networking costs; and

(iv) building maintenance and security costs.

(b) Support for the capital and running costs of Phase 1 of the DomEx project, including support in relation to–

(i) the recruitment and training of staff;

(ii) the provision of computer hardware and software and networking costs; and

(iii) the costs of producing teaching and learning materials.

23. Support for the development and operation of a programme to improve the education of gifted and talented children in schools included in Excellence in Cities.

24. —(a) Support for expenditure in connection with learning mentors, including–

(i) the costs involved in the recruitment, remuneration and training of learning mentors;

(ii) the costs of setting up and running networks to share best practice; and

(iii) measures to promote the exchange of information between schools and other persons or bodies concerned with the provision of extra support to pupils.

(b) Support for the setting up and running of learning support units, including assistance with salary costs, training costs, equipment and building and other capital costs.

25. Enabling maintained schools to secure effective use of the networked educational services made available through the National Grid for Learning.

26. Measures, to improve the security of the premises of maintained schools and to provide training on related safety and security issues to the staff and governing bodies of such schools.

27. —(a) Support for the continuing provision by an education authority of a central music service.

(b) Support for new or increased provision by an education authority of a central music service, including measures to expand such a service, to improve the quality of music teaching, to improve equality of access to music services and to promote co-operative working between education authorities.

28. —(a) Support for the introduction of local authority lifelong learning development plans; and

(b) support for measures to implement aims included in local authority lifelong learning development plans and other measures to improve the learning opportunities for adults and widen participation in learning.

29. Support for maintained schools to assist them in taking measures to improve standards of health in their pupils and all their staff.

30. Support for recruiting more mathematics and science teachers.

31. Support for parent governor representatives in carrying out their functions.

32. Support to increase the numbers, and the level of training, of teaching assistants in maintained schools.

33. Support for measures to encourage innovative approaches to improving educational standards in maintained schools which have no more than 200 registered pupils, such number being calculated on the basis of full-time equivalents.

34. Support for measures to improve areas within schools used by staff for purposes other than teaching, but excluding capital building works.

35. Training and advice in relation to the performance management and threshold assessment of teachers.

36. Administrative support for small schools, including support in relation to–

(a) the employment of additional administrative support staff and of existing administrative support staff for additional hours;

(b) the provision of additional staff for periods during which teachers are carrying out administrative duties;

(c) the provision of bursarial services;

(d) the training of administrative support staff; and

(e) the purchase of information and communication technology.

37. Early retirement of head teachers.

38. Improving adult:pupil ratios in reception classes.

39. Capital projects.

40. Expenditure on capital projects which is intended to act as an encouragement to other persons to contribute to the costs of that project.

41. Support for research projects related to the raising of education standards which are undertaken by teachers in schools participating in Excellence in Cities.

42. Support for innovative projects in schools participating in Excellence in Cities.

43. —(a) Support for prospective education action zones and prospective non-statutory education action zones in the development of their final plans for approval by the Secretary of State for Education and Employment.

(b) Support for non-statutory education action zones in the implementation of their approved plans.

44. —(a) The improvement or alteration of the premises of maintained schools other than–

(i) specialist schools in circumstances where the conditions specified in regulation 2(2) are fulfilled, or

(ii) an improvement or alteration which is necessary to enable an education authority to fulfil their duty under section 14 of the 1996 Act to secure that sufficient schools are available for their area.

(b) The improvement or alteration of other buildings used for educational purposes other than as a specialist school in circumstances where the conditions specified in regulation 2(2) are fulfilled.

(c) The provision of equipment (including information and communication technology) for educational purposes.

45. Support for the education of adults in minority ethnic groups.

46. Support for summer schools for gifted and talented pupils in the last year of key stage 2 or in key stage 3.

Regulation 5(3)

SCHEDULE 2 GRANT RATES FOR PARTICULAR EDUCATION AUTHORITIES IN RESPECT OF ITEMS REFERRED TO IN PARAGRAPH 45 OF SCHEDULE 1 (EDUCATION OF ADULTS IN ETHNIC MINORITY GROUPS)