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1 FREEOM OF INFORMATION REACTION SHEET Logtow Primary Shool Aademy Supplemetal Fudig Agreemet Exemptios i full /a Partial exemptios Persoal Iformatio has bee redated from this doumet uder Setio 4 of the Freedom of Iformatio (FOI) At. Setio 4 of the FOI At oers persoal data withi the meaig of the ata Protetio At Fators for dislosure Fators for Withholdig further to the uderstadig of ad irease partiipatio i the publi debate of issues oerig Aademies. To omply with obligatios uder the ata Protetio At to esure trasparey i the aoutability of publi fuds Reasos why publi iterest favours withholdig iformatio Whilst releasig the majority of the Logtow Primary Shool Aademy Supplemetal Fudig Agreemet will further the publi uderstadig of Aademies. The whole of the Logtow Primary Shool Aademy Supplemetal Fudig Agreemet aot be revealed. If the persoal iformatio redated was to be revealed uder the FOI At, Persoal ata ad Commerial iterests would be prejudied.

2 r epartmet for Eduatio Maistream aademy ad free shool: supplemetal fudig agreemet April 216

3 Cotets SUMMARY SHEET 4 Iformatio about the Aademy: 4 1. ESTABLISHING THE ACAEMY 8 efiitios ad iterpretatio 8 The Aademy 9 2. RUNNING OF THE ACAEMY 9 Teahers ad staff 9 Pupils 9 SEN uit 9 Chargig 9 Admissios 1 Curriulum GRANT FUNING 14 Calulatio of GAG 14 Other relevat fudig LAN 15 Versio 1: existig freehold site TERMINATION 19 Termiatio by either party 19 Termiatio Warig Notie 19 Termiatio by the Seretary of State after ispetio 21 Termiatio by the Seretary of State 22 Fudig ad admissio durig otie period 22 2 April216 vs

4 Notie of itetio to termiate by Aademy Trust 22 Effet of termiatio OTHER CONTRACTUAL ARRANGEMENTS 26 Aexes 26 The Master Agreemet 26 Geeral 26 ANNEXES PUPILS WITH SPECIAL EUCATION NEES (SEN) AN ISABILITIES AMISSION OF PUPILS WITH SEN AN ISABILITIES 29 April 216 vs 3

5 SUMMARY SHEET Iformatio about the Aademy: Name of Aademy Trust Compay umber ate of Master Fudig Agreemet Name of aademy Opeig date Type of aademy (idiate whether aademy or free shool) Religious desigatio Wholly or partly seletive Name of predeessor shool (where appliable) Capaity umber Age rage Number of sixth form plaes Number of boardig plaes SEN uit I Resoure provisio Lad arragemets (Versio 1-7 or other) Address ad title umber of Lad April 216 vs William Howard Trust Jue 215 Logtow Primary Shool 1 September 216 Aademy Noe No Logtow Primary Shool to 11 years Not Appliable Noe Noe Versio 1 Logtow Primary Shool, Logtow, Carlisle, Cumbria, CA6 5UG- Title Numbers CU22842 ad CU

6 Please ofirm whih lause variatios have bee applied or marked as 'Not used' Clause No A.1 2.C, 2. 2.E 2.G 2.M 2.N 2. 2.T 2.W 2.X 2.Y April 216 vs esriptor Applied Not used Oly applies to free shools ad ew./ provisio aademies Clause applies where a aademy was./ previously a VC or foudatio shool desigated with a religious harater Oly applies where the aademy has a./ SEN uit Oly applies where there was a./ predeessor idepedet shool Clause does ot apply to free shools./ (uless there was a predeessor idepedet shool), or ew provisio aademies Clause applies oly to aademies ad free./ shools desigated with a religious harater Clause applies oly to aademies that were./ formerly wholly seletive grammar shools Clause applies oly to aademies that were./ formerly partially seletive grammar shools Clause applies to free shools ad ew./ provisio aademies desigated with a religious harater Clause oly applies where the aademy is./ desigated with a religious harater Clause oly applies where the aademy has./ ot bee desigated with a religious harater Clause applies where a aademy was./ previously a VC shool or foudatio shool desigated with a religious harater 5

7 Clause No. 2.Y) 3.A- 3.F 3.A- 3.F 3.H 3.J 3.K 5.G K S.L S.M S.N 5. 6.H April 216 vs esriptor Applied Not used Sub-lause applies if the aademy is -/ desigated with a deomiatioal religious harater- CE et. rather tha 'Christia' Optio 1 applies to overter ad sposored -/ aademies: if used delete optio 2 Optio 2 applies to free shools ad ew -/ provisio aademies: if used delete optio 1 Clause relatig to Start-up oly applies i -/ some ases (does ot apply to aademy overters) Clause oly applies to full sposored ad -/ itermediate sposored aademies with approved Aademy Atio Plas Clause does ot apply to free shools -/ (uless there was a predeessor idepedet shool), or ew provisio aademies Clause applies oly to a boardig -/ aademy/free shool. Clause oly applies to sposored -/ aademies Clause applies to free shools ad may be -/ applied to ew provisio aademies Clause applies to free shools ad may be -/ applied to ew provisio aademies Clause applies to free shools ad may be -/ applied to ew provisio aademies Clause applies to free shools ad may be -/ applied to ew provisio aademies Clause applies to free shools ad may be -/ applied to ew provisio aademies Clause oly applies to shools whih are -/ desigated with a Churh of Eglad or Roma Catholi harater 6

8 Please idetify ay other variatios from the model that apply to this aademy (e.g. lauses relatig to PFI, or ay required beause the multi aademy trust iludes aademies desigated with differet religious haraters, or a mixture of those desigated with a religious harater, ad those whih are ot): Additioal lauses will be supplied by your projet lead if eeded. esriptor Clause Applied Not used No. April 216 vs 7

9 1. ESTABLISHING THE ACAEMY 1.A This Agreemet made betwee the Seretary of State for Eduatio ad WILLIAM HOWAR TRUST is supplemetal to the master fudig agreemet made betwee the same parties ad dated 3 Jue 215 (the "Master Agreemet"). efiitios ad iterpretatio 1.8 Exept as expressly provided i this Agreemet words ad expressios defied i the Master Agreemet will have those same meaigs i this Agreemet. 1.C The followig apitalised words ad expressios will have the followig meaigs: "The Aademy" meas the Logtow Primary Shool Aademy. "Coastig" has the meaig give by regulatios uder subsetio (3) of setio 68 of the Eduatio ad Ispetios At 26 i relatio to a shool to whih that setio applies. "SEN" meas Speial Eduatioal Needs ad the expressios "speial eduatioal eeds" ad "speial eduatioal provisio" have the meaig set out i setios 2(1) ad 21 (2) of the Childre ad Families At 214. "Termiatio Notie" meas a otie set by the Seretary of State to the Aademy Trust, termiatig this Agreemet o the date speified i the otie. "Termiatio Warig Notie" meas a otie set by the Seretary of State to the Aademy Trust, statig his itetio to termiate this Agreemet. 1. The Iterpretatio At 1978 applies to this Agreemet as it applies to a At of Parliamet. 1.E Referee i this Agreemet to lauses ad aexes will, uless otherwise stated, be to lauses ad aexes to this Agreemet. 8 April 216 vs

10 The Aademy 1.F The Aademy is a Maistream Aademy as defied i lause 1.4 of the Master Agreemet. 1.G The Aademy Trust will establish ad maitai the Aademy i aordae with the Master Agreemet ad this Agreemet. 1.H The Aademy Trust will ope the Aademy o 1 September Not used 2. RUNNING OF THE ACAEMY Teahers ad staff 2.A Subjet to lause 2.4 of the Master Agreemet, 7.A of this Agreemet ad setio 67 of the Childre ad Families At 214, the Aademy Trust may, i aordae with ay relevat Guidae, employ ayoe it believes is suitably qualified or is otherwise eligible to pla ad prepare lessos ad ourses for pupils, teah pupils, ad assess ad report o pupils' developmet, progress ad attaimet. 2.A.1 Not used Pupils 2.8 The plaed apaity of the Aademy is 189 i the age rage 3 to 11 years. The Aademy will be a all ability ilusive shool. SEN uit 2.C Not used 2. Not used Chargig 2.E Not used 9 April 216 vs

11 [ Admissios 2.F Subjet to lauses 2.K- 2.L the Aademy Trust will at i aordae with, ad will esure that its Idepedet Appeal Pael is traied to at i aordae with, the Shool Admissios Code ad Shool Admissio Appeals Code published by the fe (the "Codes") ad all relevat admissios law as they apply to foudatio ad volutary aided shools, ad with equalities law. Referee i the Codes or legislatio to "admissio authorities" will be deemed to be referees to the Aademy Trust. 2.G Pupils o roll i a Predeessor Shool whih was a maitaied or idepedet shool will trasfer automatially to the Aademy o opeig. All hildre already offered a plae at that Predeessor Shool must be admitted to the Aademy. 2.H The Aademy Trust must partiipate i the loal Fair Aess Protool. The Aademy Trust must partiipate i the oordiated admissio arragemets operated by the LA i whose area the Aademy is situated. If the Aademy is a free shool, the Aademy Trust is ot required to partiipate i oordiatio for its first itake of pupils. 2.1 The Aademy Trust may determie admissio arragemets (subjet to osultatio i lie with the Codes) that give priority for admissio to hildre attratig the Pupil Premium, iludig the servie premium (the "pupil premium admissio riterio"), but ot above looked-after hildre ad previously looked-after hildre. 2.J Where the Aademy Trust applies the pupil premium admissio riterio, it must provide iformatio i its admissio arragemets about eligibility for the premiums. 2.K For the purposes of applyig the pupil premium admissio riterio oly, setios 1.9(f) ad 2.4(a) of the Shool Admissios Code do ot apply isofar as they prevet admissio authorities from givig priority to hildre aordig to the fiaial or oupatioal status of parets or usig supplemetary forms that ask for: 1 April 216 vs

12 a) ay persoal details about their fiaial status; or b) whether parets are servig i the UK armed fores or were servig i the UK armed fores, ad are exerisig paretal are ad resposibility for the hild i questio. 2.L The Seretary of State may: a) diret the Aademy Trust to admit a amed pupil to the Aademy: i. followig a appliatio from a LA iludig omplyig with a shool attedae order as defied i setio 437 of the Eduatio At Before doig so the Seretary of State will osult the Aademy Trust; or ii. where i relatio to a speifi hild or hildre the Aademy Trust has failed to at i aordae with the Codes or this Agreemet or has otherwise ated ulawfully; or b) diret the Aademy Trust to amed its admissio arragemets where they do ot omply with the Codes or this Agreemet, or are otherwise ulawful. 2.M Not used. 2.N Not used 2. Not used 2.P The Aademy Trust must esure that parets ad 'relevat hildre' (as desribed i the Codes) have the right to appeal to a Idepedet Appeal Pael if they are dissatisfied with a admissio deisio of the Aademy Trust. The arragemets for appeals must omply with the Codes as they apply to foudatio ad volutary aided shools. The determiatio of the appeal pael is bidig o all parties. 2.Q Subjet to lause 2.R, the meaig of "relevat area" for the purposes of osultatio requiremets i relatio to admissio arragemets is that 11 April 216 vs

13 determied by the relevat LA for maitaied shools i the area i aordae with the Eduatio (Relevat Areas for Cosultatio o Admissio Arragemets) Regulatios R If the Aademy does ot osider the relevat area determied by the LA for the maitaied shools i the area to be appropriate, it must apply to the Seretary of State by 1 August before the aademi year i questio for a determiatio of the appropriate relevat area for the Aademy, settig out the reasos for this view. The Seretary of State will osult the Aademy Trust ad the LA i whose area the Aademy is situated i reahig a deisio. 2.S The Offie of the Shools Adjudiator ("OSA") will osider objetios to the Aademy's admissio arragemets (exept objetios agaist the agreed variatios from the Codes speified at lause 2.K, over whih it has o jurisditio). The Aademy Trust must therefore make it lear, whe determiig the Aademy's admissio arragemets, that objetios should be submitted to the OSA. The OSA's determiatio of a objetio is bidig o the Aademy ad the Aademy Trust must make appropriate hages to its admissio arragemets as quikly as possible. 2.T Not used Curriulum 2.U The Aademy Trust must provide for the teahig of religious eduatio ad a daily at of olletive worship at the Aademy. 2.V The Aademy Trust must omply with setio 71 (1 )-(6) ad (8) of the Shool Stadards ad Framework At 1998 as if the Aademy were a ommuity, foudatio or volutary shool, ad as if referees to "religious eduatio" ad "religious worship" i that setio were referees to the religious eduatio ad religious worship provided by the Aademy i aordae with lause 2.X. 2.W Not used 12 April 216 vs

14 2.X Subjet to lause 2.V, where the aademy has ot bee desigated with a religious harater (i aordae with setio 1248 of the Shool Stadards ad Framework At 1998 or further to setio 6(8) of the Aademies At 21 ): a) provisio must be made for religious eduatio to be give to all pupils at the Aademy i aordae with the requiremets for agreed syllabuses i setio 375(3) of the Eduatio At 1996 ad paragraph 2(5) of Shedule 19 to the Shool Stadards ad Framework At 1998; b) the Aademy must omply with setio 7(1) of, ad Shedule 2 to, the Shool Stadards ad Framework At 1998 as if it were a ommuity, foudatio or volutary shool whih does ot have a religious harater, exept that paragraph 4 of that Shedule does ot apply. The Aademy may apply to the Seretary of State for oset to be relieved of the requiremet imposed by paragraph 3(2) of that Shedule. 2.Y Not used 2.Z The Aademy Trust must have regard to ay Guidae, further to setio 43 of the Eduatio At 1996, o sex ad relatioship eduatio to esure that hildre at the Aademy are proteted from iappropriate teahig materials ad that they lear the ature of marriage ad its importae for family life ad for brigig up hildre. The Aademy Trust must also have regard to the requiremets i setio 45 of the Eduatio At 1996, as if the Aademy were a maitaied shool. 2.AA The Aademy Trust must prevet politial idotriatio, ad seure the balaed treatmet of politial issues, i lie with the requiremets for maitaied shools set out i the Eduatio At 1996, ad have regard to ay Guidae. 13 April 216 vs

15 3. GRANT FUNING Calulatio of GAG 3A-3. Not used. 3.E The Seretary of State will alulate GAG based o the pupil out at the Aademy. I order to alulate GAG for the Aademy Fiaial Year i whih the Aademy opes, the pupil out will be determied o the same basis as that used by the relevat LA for determiig the budget of the maitaied Predeessor Shool. 3.F For Aademy Fiaial Years after that referred to i lause 3.E, the basis of the pupil out for determiig GAG will be: a) for pupils i Year 11 ad below, the Shools Cesus whih is used to fud maitaied shools for the fiaial year overlappig with the Aademy Fiaial Year i questio; ad b) for pupils i Year 12 ad above, the formula whih is i use at the time for maitaied shools. 3.G The Seretary of State may, at his disretio, adjust the basis of the pupil out to take aout of ay diseoomies of sale whih may affet the Aademy if it is operatig below the plaed apaity i lause 2.8. If suh a adjustmet is made i ay Aademy Fiaial Year, this will ot hage the basis of the pupil out for alulatig the followig Aademy Fiaial Year's GAG. If the Seretary of State has idiated that additioal grat may be payable i suh irumstaes, the Aademy Trust will bid for this additioal grat based o eed ad providig appropriate supportig evidee. The Seretary of State may aept or refuse the bid at his disretio. 3.H Not used 3.1 The Seretary of State reogises that if a Termiatio Notie or a Termiatio Warig Notie is served, or the Master Agreemet is otherwise termiated, the itake of ew pupils durig the otie period may delie ad 14 April 216 vs

16 [ therefore paymets based o the umber of pupils attedig the Aademy may be isuffiiet to meet the Aademy's eeds. I these irumstaes the Seretary of State may pay a larger GAG i the otie period, to eable the Aademy to operate effetively. Other relevat fudig 3.J Not used 3.K The Seretary of State may pay the Aademy Trust's osts i oetio with the trasfer of employees from a Predeessor Shool uder the Trasfer of Udertakigs (Protetio of Employmet) Regulatios 26. Suh paymet will be agreed o a ase-by-ase basis. The Aademy Trust must ot budget for suh a paymet uless the Seretary of State ofirms i writig that it will be paid. Carryig forward of fuds 3.L Ay additioal grat made i aordae with lause 3.1, for a period after the Seretary of State has served a Termiatio Notie or a Termiatio Warig Notie uder this Agreemet, or otherwise termiates the Master Agreemet, may be arried forward without limitatio or dedutio util the irumstaes set out i lause 3.1 ease to apply or the Aademy loses. 4. LAN Versio 1: existig freehold site "Lad" meas the freehold lad at Logtow Primary Shool, Logtow, Carlisle, Cumbria, CA6 5UG, beig the lad registered with title umbers CU22842 ad CU295643, whih is to be the permaet site of the Aademy. "Property Notie" meas ay order, otie, proposal, demad or other requiremet issued by ay ompetet authority whih materially affets the Aademy Trust's ability to use the Lad for the purposes of the Aademy. 15 April 216 vs

17 [ Restritios o Lad trasfer 4.A The Aademy Trust must: a) withi 28 days of the sigig of this Agreemet i irumstaes where the Lad is trasferred to the Aademy Trust prior to the date of this Agreemet, or otherwise withi 28 days of the trasfer of the Lad to the Aademy Trust, apply to the Lad Registry usig Form RX1 for the followig restritio (the "Restritio") to be etered i the proprietorship register for the Lad: No dispositio of the registered estate by the proprietor of the registered estate is to be registered without a writte oset siged by the Seretary of State for Eduatio, of Satuary Buildigs, Great Smith Street, Lodo SW1P 3BT; b) take ay further steps reasoably required to esure that the Restritio is etered o the proprietorship register; ) promptly ofirm to the Seretary of State whe the Restritio has bee registered; d) if it has ot registered the Restritio, permit the Seretary of State to do so i its plae; ad e) ot, without the Seretary of State's oset, apply to disapply, modify, ael or remove the Restritio, whether by itself, a holdig ompay, a subsidiary ompay, or a reeiver, admiistrator or liquidator atig i the ame of the Aademy Trust. Obligatios of the Aademy Trust 4.8 The Aademy Trust must keep the Lad lea ad tidy ad make good ay damage or deterioratio to the Lad. The Aademy Trust must ot do aythig to lesse the value or marketability of the Lad without the Seretary of State's oset. 4.C The Aademy Trust must ot, without the Seretary of State's oset: 16 April 216 vs

18 a) grat ay oset or liee; or b) reate or allow ay eumbrae; or ) part with or share possessio or oupatio; or d) eter ito ay oerous or restritive obligatios, i respet of all or part of the Lad. Optio 4. The Aademy Trust grats ad the Seretary of State aepts a optio (the "Optio") to aquire all or part of the Lad at il osideratio. The Seretary of State may exerise the Optio i writig o termiatio of this Agreemet. If the Optio is exerised, ompletio will take plae 28 days after the exerise date i aordae with the Law Soiety's Stadard Coditios of Sale for Commerial Property i fore at that date. Optio Notie 4.E The Aademy Trust: a) must, withi 14 days after aquirig the Lad or, if later, after sigig this Agreemet, apply to the Lad Registry o Form AN1 (iludig a opy of this Agreemet) for a otie of the Optio (the "Optio Notie") to be etered i the register, takig ay further steps required to have the Optio Notie registered ad promptly ofirmig to the Seretary of State whe this has bee doe; b) if it has ot registered the Optio Notie, agrees that the Seretary of State may apply to register it usig Form UN1 ; ) must ot, without the Seretary of State's oset, apply to disapply, modify or remove the Optio Notie, whether by itself, a holdig ompay, a subsidiary ompay, or a reeiver, admiistrator or liquidator atig i the ame of the Aademy Trust, ad d) must, i the ase of previously uregistered lad, withi 14 days after 17 April 216 vs

19 aquirig the Lad or, if later, after sigig this Agreemet, apply to register a Class C(iv) lad harge i the Lad Charges Registry, ad sed the Seretary of State a opy of the relevat etry withi 7 days after the registratio has bee ompleted. If the Seretary of State osiders that the Aademy Trust has ot omplied with this lause, he may apply to seure the registratio. Property Noties 4.F If the Aademy Trust reeives a Property Notie, it must: a) sed a opy of it to the Seretary of State withi 14 days, statig how the Aademy Trust iteds to respod to it; b) promptly give the Seretary of State all the iformatio he asks for about it; ) allow the Seretary of State to take all eessary atio, with or istead of the Aademy Trust, to omply with it, ad d) use its best edeavours to help the Seretary of State i oetio with it. Sharig the Lad 4.G Where: a) the Seretary of State idetifies basi or paretal eed for additioal plaes i the area i whih the Aademy is situated ; ad b) the Seretary of State the osiders that ot all the Lad is eeded for the operatio of the Aademy at plaed apaity, The Seretary of State must osult with the Aademy Trust to determie whether part of the Lad ould be demised or leased to aother Aademy Trust, as the Seretary of State osiders appropriate, for the purpose of that Aademy Trust establishig ad maitaiig a eduatioal istitutio o the Lad. 4.H To the extet the Aademy Trust ad the Seretary of State agree to part of April 216 vs 18

20 the Lad beig demised or leased i aordae with lause 4.G, the Aademy Trust must use its best edeavours to proure all eessary osets i order to eable it to share oupatio of the Lad with the iomig Aademy Trust ad to provide the iomig Aademy Trust with seurity of teure over the Lad oupied by it, ad shall eter ito ay legal arragemets whih the Seretary of State requires for this purpose. The Seretary of State shall meet the eessary ad reasoable osts iurred by the Aademy Trust i oetio with this lause. 4.1 For the purposes of lause 4.G: a) a basi eed will arise whe the foreast demad for pupil plaes i the area where the Aademy is situated is greater tha the existig apaity to provide them; b) a paretal eed will arise whe the fe is atually aware of a additioal demad for pupil plaes i the area where the Aademy is situated, followig represetatios from parets i that area; ad ) plaed apaity has the meaig give i lause TERMINATION Termiatio by either party S.A Either party may give at least seve Aademy Fiaial Years' otie to termiate this Agreemet. Suh termiatio would take effet o 31 August of the relevat year. Termiatio Warig Notie 5.8 The Seretary of State may serve a Termiatio Warig Notie where he osiders that: a) the Aademy Trust has breahed the provisios of this Agreemet or the Master Agreemet; or b) the stadards of performae of pupils at the Aademy are 19 April 216 v5

21 fj uaeptably low; or ) there has bee a serious breakdow i the way the Aademy is maaged or govered; or d) the safety of pupils or staff is threateed, iludig due to breakdow of disiplie; or e) the Aademy is oastig provided he has otified the Aademy Trust that it is oastig. 5.C A Termiatio Warig Notie served uder lause 5.8 will speify: a) the atio the Aademy Trust must take; b) the date by whih the atio must be ompleted; ad ) the date by whih the Aademy Trust must make ay represetatios, or ofirm that it agrees to udertake the speified atio. 5. The Seretary of State will osider ay represetatios from the Aademy Trust whih he reeives by the date speified i the Termiatio Warig Notie. The Seretary of State may amed the Termiatio Warig Notie to speify further atio whih the Aademy Trust must take, ad the date by whih it must be ompleted. 5.E If the Seretary of State osiders that the Aademy Trust has ot respoded to the Termiatio Warig Notie as speified uder lause 5.C(), or has ot ompleted the atio required i the Termiatio Warig Notie as speified uder lauses 5.C(a) ad (b) (ad ay further atio speified uder lause 5.) he may serve a Termiatio Notie. 2 April 216 vs

22 Termiatio by the Seretary of State after ispetio 5.F If the Chief Ispetor gives otie to the Aademy Trust that: a) speial measures are required to be take i relatio to the Aademy; or b) the Aademy requires sigifiat improvemet the Seretary of State may serve a Termiatio Warig Notie, speifyig the date by whih the Aademy Trust must make ay represetatios. 5.G I deidig whether to give otie of his itetio to termiate uder lause 5.F, the Seretary of State will have due regard to the overall performae of the Aademy Trust. 5.G.1 Not used 5.H If the Seretary of State has served a Termiatio Warig Notie uder lause 5.F ad: a) has ot reeived ay represetatios from the Aademy Trust by the date speified i the otie; or b) havig osidered the represetatios made by the Aademy Trust remais satisfied that this Agreemet should be termiated; he may serve a Termiatio Notie. 5.1 If the Chief Ispetor gives a otie referred to i lause 5.F to the Aademy Trust withi two years after the Aademy opeed, the Seretary of State may oly serve a Termiatio Warig Notie uder lause 5.F if: a) the Chief Ispetor has held a moitorig ispetio uder setio 8 of the Eduatio At 25 later tha two years after the Aademy opeed; ad b) the Chief Ispetor osiders that the Aademy is ot makig eough progress towards the removal of the desigatio referred to i his 21 April 216 vs

23 otie. Nothig i this lause prevets or prejudies the Seretary of State exerisig ay other rights arisig from or uder this Agreemet (iludig, for the avoidae of doubt, ay rights uder lauses 5.8 to 5.E). Termiatio by the Seretary of State 5.J If the Seretary of State has determied that the Aademy will be removed from the Register of Idepedet Shools ad o appeal agaist that determiatio is pedig, he may serve a Termiatio Notie. 5.K Not used 5.L Not used 5.M Not used 5.N Not used 5. Not used Fudig ad admissio durig otie period 5.P If the Seretary of State serves a Termiatio Notie uder lause 5.A, the Aademy Trust may otiue durig the otie period to admit pupils to the Aademy, ad to reeive GAG ad EAG, i aordae with this Agreemet. 5.Q If the Seretary of State serves a Termiatio Warig Notie or a Termiatio Notie otherwise tha uder lause 5.A, the Aademy Trust may otiue durig the otie period to admit pupils to the Aademy (uless the Seretary of State speifies otherwise), ad to reeive GAG ad EAG, i aordae with this Agreemet. Notie of itetio to termiate by Aademy Trust 5.R The Seretary of State will, before the start of eah Aademy Fiaial Year, provide the Aademy Trust with a fial fudig alloatio idiatig the level of GAG ad EAG to be provided i the ext Aademy Fiaial Year (the April 216 vs 22

24 [ "Fudig Alloatio"). 5.S If the Aademy Trust is of the opiio that, after reeipt of the Fudig Alloatio for the ext Aademy Fiaial Year (the "Critial Year") ad after takig ito aout all other resoures likely to be available to the Aademy, iludig other fuds that are likely to be available to the Aademy from other aademies operated by the Aademy Trust ("All Other Resoures"), it is likely that the ost of ruig the Aademy durig the Critial Year would ause the Aademy Trust to beome isolvet (ad for this reaso oly) the the Aademy Trust may give writte otie of its itetio to termiate this Agreemet at the ed of the Critial Year. 5.T Ay otie give by the Aademy Trust uder lause 5.S must be provided to the Seretary of State withi six weeks of the Seretary of State issuig the Fudig Alloatio. The otie give by the Aademy Trust uder lause 5.S must speify: a) the grouds upo whih the Aademy Trust's opiio is based, iludig: i. evidee of those grouds; ii. ay professioal aoutig advie the Aademy Trust has reeived; iii. a detailed statemet of steps whih the Aademy Trust proposes to take to esure that the ruig osts of the Aademy are redued suh that osts are less tha the Fudig Alloatio ad All Other Resoures, ad the period of time withi whih suh steps will be take; ad b) the shortfall i the Critial Year betwee the Fudig Alloatio ad All Other Resoures expeted to be available to the Aademy Trust to ru the Aademy ad the projeted expediture o the Aademy; ad ) a detailed budget of iome ad expediture for the Aademy durig the Critial Year (the "Projeted Budget"). April 216 vs 23

25 5.U Both parties will use their best edeavours to agree whether or ot the ost of ruig the Aademy durig the Critial Year would ause the Aademy Trust to beome isolvet. Both parties reogise that they will eed to egage i a ostrutive dialogue at the time about how best to provide eduatio for the pupils at the Aademy ad use their best edeavours to agree a pratial solutio to the problem. 5.V If o agreemet is reahed by 3 April (or aother date if agreed betwee the parties) as to whether the ost of ruig the Aademy durig the Critial Year would ause the Aademy Trust to beome isolvet, the that questio will be referred to a idepedet expert (the "Expert") for resolutio. The Expert's determiatio will be fial ad bidig o both parties. The Expert will be requested to speify i his determiatio the amout of the shortfall i fudig (the "Shortfall"). 5.W The Expert will be a isolvey pratitioer with sigifiat professioal experiee of eduatioal istitutios or aademies. If the parties fail to agree upo the appoitmet of the Expert the the Expert will be appoited by the Presidet of the Istitute of Chartered Aoutats i Eglad ad Wales. The Expert's fees will be bore equally betwee the parties. 5.X The Expert will be required i reahig his determiatio to take aout of advie from a eduatioal speialist who is professioally familiar with the issues arisig from the budget maagemet of shools. If the parties fail to agree upo the appoitmet of the eduatioal speialist the the eduatioal speialist will be appoited by the Chairma of the Speialist Shools ad Aademies Trust (or ay suessor or equivalet body). The eduatioal speialist's fees will be bore equally betwee the parties. 5.Y If the Expert determies that the ost of ruig the Aademy durig the Critial Year would ause the Aademy Trust to beome isolvet, ad the Seretary of State will ot have agreed to provide suffiiet additioal fudig to over the Shortfall, the the Aademy Trust will be etitled to termiate this Agreemet, by otie expirig o 31 August of the Critial Year. Ay suh otie will be give withi 21 days after (a) the Expert's determiatio will 24 April 216 vs

26 have bee give to the parties or (b), if later, the Seretary of State will have give writte otie of his refusal to provide suffiiet additioal fudig for the Aademy to over the Shortfall. Effet of termiatio 5.Z If this Agreemet is termiated, the Aademy will ease to be a Aademy withi the meaig of setios 1 ad 1A of the Aademies At AA Subjet to lauses 5.88 ad 5.CC, if the Seretary of State termiates this Agreemet uder lause 5.A, he will idemify the Aademy Trust. If the Seretary of State termiates this Agreemet otherwise tha uder lause 5.A, he may at his disretio idemify or ompesate the Aademy Trust The amout of ay suh idemity or ompesatio will be determied by the Seretary of State, havig regard to represetatios made to him by the Aademy Trust, ad will be paid as ad whe the Seretary of State osiders appropriate. 5.CC The ategories of expediture iurred by the Aademy Trust i osequee of termiatio, for whih the Seretary of State may idemify the Aademy Trust uder lauses 5.AA, may ilude: a) staff ompesatio ad reduday paymets; b) ompesatio paymets i respet of broke otrats; ) expeses of disposig of assets or adaptig them for other purposes; d) legal ad other professioal fees; ad e) dissolutio expeses. 5. If this Agreemet is termiated, ad the Aademy Trust ows apital assets whih have bee partly or wholly fuded by HM Govermet, the Aademy Trust must, as soo as possible after the termiatio date: a) trasfer a proportio of those apital assets, equal to the proportio of the origial fiaial otributio made by HM Govermet, to a 25 April 216 vs

27 omiee of the Seretary of State to use for eduatioal purposes; or b) if the Seretary of State direts that a trasfer uder lause 5.(a) is ot required, pay to the Seretary of State at the termiatio date (or, by agreemet with the Seretary of State, at the date of their subsequet disposal) a sum equivalet to the proportio of the origial fiaial otributio made by HM Govermet. 5.EE The Seretary of State may: a) Waive all or part of the repaymet due uder sub-lause 5.(b) if the Aademy Trust obtais his permissio to ivest the sale proeeds for its haritable purposes; or b) diret the Aademy Trust to pay all or part of the sale proeeds to the relevat LA. 6. OTHER CONTRACTUAL ARRANGEMENTS Aexes 6.A Ay aexes to this Agreemet form part of ad are iorporated ito this Agreemet. The Master Agreemet 6.8 Exept as expressly provided i this Agreemet, all provisios of the Master Geeral Agreemet have full fore ad effet. 6.C The Aademy Trust aot assig this Agreemet. 6. Failure to exerise, or a delay i exerisig, ay right or remedy of the April 216 vs Seretary of State uder this Agreemet (iludig the right to termiate this Agreemet), or a sigle or partial exerise of suh a right or remedy, is ot a waiver of, ad does ot prevet or restrit ay iitial or further exerise of, that or ay other right or remedy. 26

28 Q 6.E Termiatio of this Agreemet will ot affet the arued rights, remedies, obligatios or liabilities of the parties existig at termiatio. 6.F This Agreemet may be exeuted i ay umber of outerparts, eah of whih whe exeuted ad delivered shall ostitute a dupliate origial, but all of whih will together ostitute the same agreemet. 6.G This Agreemet ad ay dispute or laim arisig out of or i oetio with it or its subjet matter or formatio (iludig o-otratual disputes or laims) shall be govered by ad ostrued i aordae with the law of Eglad ad Wales, ad submitted to the exlusive jurisditio of the ourts of Eglad ad Wales. 6.H Not used This Agreemet was exeuted as a eed o 2 S %\J&. 216 Exeuted o behalf of the Aademy Trust by: ad or Compay Seretary or Witess Name: Address: April216 vs 27

29

30 l ANNEXES 7. PUPILS WITH SPECIAL EUCATION NEES (SEN) AN ISABILITIES "Statemet of SEN" meas a statemet made uder setio 324 of the Eduatio At "EHC pla" meas a Eduatio, Health ad Care pla made uder setios 37(2) of the Childre ad Families At 214.?.A Exept as set out i lause 8 below, the Childre ad Families At 214 imposes duties diretly o Aademies i respet of pupils with speial eduatioal eeds, iludig the admissio of pupils with EHC plas. If a Aademy Trust osiders that a LA should ot have amed the Aademy i a EHC pla, it may ask the Seretary of State to determie whether the LA has ated ureasoably, ad to make a order diretig the LA to reosider. The Seretary of State's determiatio will be fial, subjet to ay right of appeal whih a paret of the hild may have to the First Tier Tribual (Speial Eduatioal Needs ad isability) or the Upper Tribual Admiistrative Appeals Chamber. 7.8 Not used 7.C Not used 7. Not used. 8. AMISSION OF PUPILS WITH SEN AN ISABILITIES 8.A The Aademy Trust must for eah of its Aademies, subjet to its right of appeal to the Seretary of State, admit all pupils with a statemet of SEN amig the Aademy. 8.8 Where a LA proposes to ame oe of the Aademies i a statemet of SEN, April 216 vs it must give the Aademy Trust writte otie of this, statig why it osiders that Aademy to be suitable for the pupil i questio. Withi 15 days of reeipt of the LA's otie, the Aademy Trust must oset to beig amed, exept 29

31 u where admittig the hild would be iompatible with the provisio of effiiet eduatio for other hildre, ad o reasoable steps ould seure ompatibility. I deidig whether a hild's ilusio would be iompatible with the effiiet eduatio of other hildre or the effiiet use of resoures, the Aademy Trust must have regard to the relevat Guidae issued to maitaied shools. B.C If the Aademy Trust deides that admittig the hild would be iompatible with the provisio of effiiet eduatio or the effiiet use of resoures, it must, withi the 15 days, otify the LA i writig, givig its reasos for its deisio. B. The Aademy Trust must the seek to establish from the LA whether or ot it agrees with this determiatio. If the LA does ot agree with the Aademy Trust's respose, ad ames the Aademy i the hild's statemet of SEN, the Aademy Trust must admit the hild to the shool as speified i the statemet or otherwise by the LA. B.E If i suh ase, the Aademy Trust osiders that the LA should ot have amed the Aademy i the statemet, it may ask the Seretary of State to determie whether the LA has ated ureasoably, ad to make a order diretig the LA to reosider. The Seretary of State's determiatio will be fial, subjet oly to ay right of appeal whih a paret of the hild may have to the First-tier Tribual (Speial Eduatioal Needs ad isability) or the Upper Tribual Admiistrative Appeals Chamber. B.F If a paret of a hild for whom the LA maitais a statemet appeals to the First-tier Tribual (Speial Eduatioal Needs ad isability), either for or agaist the amig of the Aademy i the hild's statemet, the the Tribual's deisio will be bidig, eve if it is differet from that of the Seretary of State. B.G Where it has bee fially determied that the Aademy be amed i a hild's statemet of SEN, the Aademy Trust must admit the hild to the Aademy, otwithstadig ay other admissios requiremets i this Agreemet. 3 April 216 vs

32 u B.H Clauses B.A to B.G oly apply isofar as the relevat provisios of the Childre ad Families At 214 relatig to SEN ad disability do ot apply to Aademies ad Free Shools. April216 vs 31

33 u epartmet for Eduatio Crow opyright 214 You may re-use this doumeupubliatio (ot iludig logos) free of harge i ay format or medium, uder the terms of the Ope Govermet Liee v2.. Where we have idetified ay third party opyright iformatio you will eed to obtai permissio from the opyright holders oered. To view this liee: Visit: psi@atioalarhives.gsi.gov.uk We welome feedbak. If you would like to make ay ommets about this publiatio, please AFSP.feedbak@eduatio.gsi.gov.uk, quotig the title of this doumet. Speifi projet queries should be set to the alloated projet lead/lead otat. About this publiatio: equiries dowload Referee: April 216 vs FE Follow us o 32 Like us o Faebook: faebook.om/eduatiogovuk