Commentary Part 2: Establishment, Discontinuance Or Alteration of Schools in England Section 15 and Schedule 2: Proposals for discontinuance of schools maintained by a local education authority
75.This section replaces existing provisions in the 1998 Act and provides for the publication of statutory proposals where a local education authority or school governing body wish to close a maintained school in England, including maintained mainstream schools, special schools and nursery schools.
76.Subsection (1) provides that a local education authority may publish proposals for the closure of any maintained school.
77.Subsection (2) provides that a governing body of a voluntary, foundation or foundation special school may publish proposals for the closure of their school.
78.Subsection (3) provides for regulations to prescribe the information to be contained within the proposals and the publication arrangements.
79.Subsection (4) requires the body formulating proposals to close a rural primary school to have regard to a number of factors. The factors are: the impact on the community of the closure, the availability and cost (to the local education authority) of transport for pupils to other schools; any increase in the use of motor vehicles and the likely effect of such and any alternatives to school closure. It also requires the body to have regard to guidance issued by the Secretary of State.
80.Subsection (5) provides for governing bodies to submit their published proposals to local education authorities in accordance with regulations.
81.Subsection (6) provides for Schedule 2 to have effect in relation to the consideration, approval and implementation of school closure proposals under this section.