Commentary Part 2: Establishment, Discontinuance Or Alteration of Schools in England Section 11: Publication of proposals to establish maintained schools: special cases
66.Subsection (1) provides for local education authorities to publish proposals to establish a new maintained nursery school or a new 16-19 foundation school or foundation special school.
67.Subsection (2) provides for other persons (proposers) to publish proposals to establish a new foundation school, voluntary school or foundation special school which is a 16-19 school or is to replace an independent school. Provision is also made for proposers to publish proposals for a new foundation special school to replace a non-maintained special school.
68.Subsection (3) provides that a foundation, voluntary or foundation special school is to be regarded as replacing an independent school if the independent school has been registered as such for two years and closes immediately before the proposals for the new school are implemented. Subsection (4) makes comparable provision for when a new foundation special school is to be regarded as replacing a non-maintained special school.
69.Subsection (5) provides that regulations may prescribe the information that proposals must contain and how they must be published.
70.Subsection (6) provides that before publishing proposals the local education authority or proposers must consult such persons as appear to them to be appropriate, having regard to any guidance given by the Secretary of State.
71.Subsection (7) provides for regulations to set out arrangements under which proposals from proposers must be submitted to the local education authority which is to maintain the school, and subsection (8) provides for Schedule 2 to have effect in relation to the consideration, approval and implementation of proposals.