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Key Considerations for Schools in the Academy Conversion Process

This document outlines critical issues schools must consider when transitioning to academy status. Topics include the governance structure, financial implications, the role of the admissions authority, and employment transitions under the TUPE regulations. Schools must evaluate their readiness for conversion, consult stakeholders effectively, and comprehend the impact on local authority funding and support services. The document emphasizes due diligence, the importance of strategic partnerships, and the responsibilities that come with academy status, ensuring a smooth conversion process.

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Key Considerations for Schools in the Academy Conversion Process

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  1. Issues for schools to consider David Groves

  2. Secretary of State Funding Agreement LA / GB / Diocese Academy Trust Land transfer Transfer Agreement Memorandum and Articles set GB structure Academy Governing Body There are ‘model’ versions of each document on the DfE website – www.education.gov.uk/academies

  3. Differences to community school • Admissions: becomes admissions authority • Buildings and land: 125 year lease; capital funding from SoS not LA • Curriculum: Not subject to National Curriculum • Employment: becomes employer (TUPE applies); ability to set different T&C for new staff • Funding: share of LA central spend (LACSEG) • Governance: Establish charitable company; determine Member and Governor structure

  4. Voluntary conversion process School decisions = whether to • Express an Interest • Apply • Sign Funding Agreement (+ Foundation approval if appropriate) Issues to consider: • When / how / who to consult • Costs and support

  5. Policy themes • Governance structure (including ‘chains’) • Admissions • HR / T&C • School day / year • Partnership / collaboration

  6. Due Diligence • Financial appraisal – do the numbers add up? Future vulnerability? • Land / capital – “sold as seen”; any complications? • Employment – TUPE process; policy / staffing issues • Governance transition and liabilities / responsibilities • Financial / payroll / ICT structures

  7. Sponsored conversions Education Bill if eligible for intervention Sponsor brokerage process unclear Scope uncertain

  8. Issues from ESCC perspective Hazel Cunningham Fiona Wright

  9. Services offered • Current SLAs – some evolution required • LACSEG SLAs – being developed • Some services unaffected by conversions

  10. Viability of LA Services • 2011/12 Government top-sliced Formula Grant. For each Academy the LA will lose a proportion of funding for centrally provided services. • Uncertainty regarding number / timing of conversion. • Cumulative impact on services LA can offer to maintained schools – critical mass • Assumption that could mitigate financial impact if Academies purchase “traded” central services.

  11. School performance accountability • The role of the council as champion of educational excellence for all schools • Under performing academy – who identifies; who acts? • Building diversity and building networks of challenge and support for all schools • Developing relationships: - ESCC / schools / academies - schools / academies

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