Commentary on Sections Academy arrangements Section 1: Academy arrangements
12.This section replaces similar existing provisions in section 482 of the EA 1996. It enables the Secretary of State to make ‘Academy arrangements’ with another person, to establish and run an Academy. That person will be funded by the Secretary of State further to either a contractual agreement (an ‘Academy agreement’) or, by new subsection (2)(b), through grant funding under section 14 of the Education Act 2002 (‘the EA 2002’) (‘arrangements for Academy financial assistance’) .
13.If the Academy is to be a mainstream school (rather than a special school) then it must have the characteristics specified at subsection (6) which include having a balanced and broadly based curriculum, having a specialism (if secondary education is provided) and providing education for mainly local pupils, of all abilities. Special schools which become Academies need not have those characteristics but will continue to be specially organised to make special educational provision for pupils with special educational needs. Subsections (7) and (8) provide that, where an Academy is a mainstream school, Academy arrangements must impose obligations upon the proprietor of the school that are equivalent to those that are imposed on governing bodies of maintained schools in Chapter 1 of Part 4 of the EA 1996 and in regulations made under that Chapter. These obligations relate to the provision of education for pupils with special educational needs. Subsection (9) provides that an Academy may not charge for admission or attendance at the school or for education provided there except as provided for under the Academy arrangements.