# The Self-Governing Schools Grant and Recovery (Scotland) Regulations 1994, Regulation 15: Information as to provision for pupils at and other matters in respect of a special school


(1) For the purposes of their duty under section 27(2) of the Act (duty to attempt to reach agreement as to certain matters), the education authority and the board of management of a self-governing school which is a special school shall provide each other with information as to the matters described in paragraphs (2) to (4).
(2) For each grant year, the education authority shall provide the board of management with information as to the number of children and young persons (including those belonging to the area of another education authority) and the categories of special educational needs for which they would wish provision to be made at the school, together with information as to the following matters, namely:—
(a) the total resources which the education authority consider are necessary to make adequate and efficient provision for the special educational needs of such children and young persons;
(b) the resources which the education authority consider the board would need to supply directly from the school’s own resources to provide for the special educational needs of each such child or young person;
(c) the resources which the education authority are under a duty, or have a power and are willing, to supply towards making the provision mentioned in sub-paragraph (b), and whether such supply would be with or without charge, and, if the former, what charge is proposed; and
(d) the resources which the education authority consider the board would need to obtain from third parties towards making such provision.
(3) The education authority shall also provide the board of management with information as to the following matters, namely:—
(a) for the first grant year—
(i) their estimate of the amount of expenditure incurred by them in the base year in respect of the school attributable to each item of school level expenditure specified in paragraph 1 of Schedule 1, subject to paragraphs 2 and 3 of that Schedule;
(ii) the staffing complement for the school in the base year, the number of staff, their grades and salaries, any unfilled vacancies within such complement and the reason for each such vacancy arising and being unfilled;
(iii) their estimate of the amount of expenditure incurred by them in the base year in respect of all special schools under their management, attributable to each item of school level expenditure specified in paragraph 1 of Schedule 1, identifying separately the amount attributable to each such item in respect of each such school and the total amount so attributable in respect of all such schools, and subject to paragraphs 2 and 3 of that Schedule; and
(iv) the extent to which their expected total amount of school level expenditure in the first grant year in respect of the relevant category of school is greater or less than their expected total amount of such expenditure in the base year in respect of such category and any circumstances appearing to them to be relevant to such increase or decrease;
(b) for each subsequent grant year, the extent to which their expected total amount of school level expenditure in the relevant grant year in respect of the relevant category of school is greater or less than their expected total amount of such expenditure in the preceding grant year in respect of such category and any circumstances appearing to them to be relevant to such increase or decrease; and
(c) for each grant year, including the first grant year, their estimate of the amount of expenditure they expect to incur in the relevant grant year in connection with their functions in relation to school education, describing in particular—
(i) all expenditure they expect to incur specifically for the purposes of those functions;
(ii) such part of the expenditure the local authority which are the education authority expect to incur for the purpose of various functions including school education as is reasonably attributable to school education; and
(iii) such part of the expenditure the local authority which are the education authority expect to incur on central administration (including finance, personnel and other central departments) as is reasonably attributable to school education,
but excluding from the expenditure to be described in terms of heads (i) to (iii) of this sub-paragraph any expenditure which constitutes school level expenditure or which falls within any of the descriptions of expenditure set out in paragraph 2 of Schedule 2.
(4) For each grant year, the board of management shall provide the education authority with information as to the following matters:—
(a) the range of provision the school has for pupils with special educational needs;
(b) the number of pupils for whom, and the special educational needs for which, the board consider they are able to provide;
(c) the resources which the board consider would be necessary to make adequate and efficient provision for the special educational needs of such pupils, described under the following categories:—
(i) those which the board would intend to supply directly from the school’s own resources;
(ii) those which the board would intend to request the education authority to supply and whether with or without payment; and
(iii) those which the board would intend to seek from third parties, with payment;
(d) the extent to which the board expect places at the school may be filled by recorded children and young persons belonging to the area of another education authority and the extent and the nature of the resources which they expect may be required in respect of such children and young persons; and
(e) any change in the circumstances of the school occurring during or since the preceding grant year (or, in respect of agreement to be reached for the first grant year, the base year) or which is likely to occur before the end of the relevant grant year.

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Source: https://www.legislation.gov.uk/uksi/1994/431/regulation/15 (the official version)
Page: https://openlegislation.uk/self-governing-schools-grant-and-recovery-scotland-regulations-1994/regulation-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.