Commentary Part 2: Establishment, Discontinuance Or Alteration of Schools in England Section 18: Alterations that may be made under section 19
92.This section provides that regulations may prescribe the alterations to maintained schools that require the publication of statutory proposals.
93.Subsection (2) provides that such alterations must include a change in the category of the school; the acquisition by a foundation or foundation special school of a foundation; and any change in a school’s instrument of government which results in the majority of governors being foundation governors.
94.Subsection (3) provides that other alterations may be prescribed in regulations as requiring statutory proposals.
95.Subsection (4) provides that a maintained school may not change, acquire or lose a religious character; change category to a community or community special school; change category from a mainstream school to a special school or from a special school to a mainstream school; or change category from a maintained nursery school to any other kind of school or from any other kind of school to a maintained nursery school. The effect of subsection (4) is that any of these changes could be achieved only by discontinuing the existing school and establishing a new school in its place.