Regulation 11 Pupil numbers
In determining budget shares for primary and secondary schools, a local education authority shall take into account in their formula the number of registered pupils at those schools on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (8).
For the purposes of paragraph (1), the number of registered pupils does not include—
pupils in places which the authority recognise as reserved for children with special educational needs or for children in nursery classes; or
in relation to the funding of boarding accommodation only, pupils in boarding accommodation at boarding schools other than special schools.
Where the authority determine only one date for the purposes of paragraph (1) that must be a date which falls—
before 1st April 2000; and
in the school year in which 1st April 2000 falls.
Where the authority determine more than one date for the purposes of paragraph (1) then—
one of those dates must satisfy paragraph (3);
of the other date or dates—
no date may be earlier than the beginning of the school year in which 1st April 2000 falls;
the authority may determine a date or dates which are in the future and estimate the number of registered pupils at the school on that date.
Paragraphs (3) and (4) (restrictions on choice of dates for the purposes of paragraph (1)) shall not apply in relation to pupils in nursery or reception classes whom the authority take into account under paragraph (1) (pupils in nursery classes not occupying places which the authority recognise as reserved for such pupils or any pupils in reception classes).
An authority may in determining budget shares for special schools, or for primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes, take into account in their formula the number of registered pupils at those special schools or the number of pupils in those reserved places at primary or secondary schools on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (8).
If the authority estimate the number of registered pupils at a school they must consult the head teacher of the school.
A local education authority may weight pupil numbers according to any or all of the following factors—
age, including weighting according to key stage or year group;
whether a pupil is provided with nursery education by a school;
the subject or course of study in the case of pupils in a sixth form; and
special educational needs.
A local education authority may adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly, the permanent exclusion of a pupil from the school or the admission of a pupil following his permanent exclusion from another school maintained by a local education authority.
Subject to paragraph (11) a local education authority shall provide in their formula that any amount allocated in accordance with paragraph (1) or (6) in respect of a pupil shall be at least 2.5 per cent. higher than the amount initially determined in relation to the financial year beginning on 1st April 1999 in respect of a pupil with the same characteristics under the corresponding provisions of the 1999 Regulations.
Paragraph (10) shall not apply in relation to any amount allocated in accordance with paragraph (1) or (6) weighted in accordance with paragraph (8)(d).