The School Standards and Framework Act 1998 established a new framework for the organisation of schools.  The new framework was based on the principles of school self-management, fair funding, fair admissions, diversity and local partnership.

Section 20 of the Act established the new categories of school to replace the former categories from 1 September 1999. The categories are:

Community - State schools in England and Wales which are wholly owned and maintained by the local education authority. The local education authority (LEA) employs the school�s staff, owns the school�s land and buildings and is the admissions authority � it has main responsibility for deciding arrangements for admitting pupils

Community Special - The special school equivalent of mainstream Community schools which cater wholly or mainly for children with statutory statements of special educational needs (SEN).

Maintained Nursery school (MNS) - School providing education for children from 3 to 5, maintained by the LEA - http://www.early-education.org.uk .

Foundation - Type of state school introduced on 1/9/99 by the School Standards and Framework Act 1998, which has more freedom than community schools to manage their school and decide on their own admissions. At foundation schools the governing body is the employer and the admissions authority. The school�s land and buildings are either owned by the governing body or by a charitable foundation - Funding comes from the local education authority (LEA) which also pays for any building work.

Foundation Special � As for Foundation schools, but differs in that it caters wholly or mainly for children with statutory statements of special educational needs (SEN).

Voluntary Controlled (VC) - Schools in England and Wales which are maintained by the LEA, with a foundation (generally religious) which appoints some � but not most � of the governing body.  The LEA is the employer and the admissions authority. The school�s land and buildings (apart from the playing fields which are normally vested in the LEA) will normally be owned by a charitable foundation.

Voluntary Aided (VA) - The governing body is the employer and the admissions authority. The school�s land and buildings (apart from playing fields which are normally vested in the LEA) will normally be owned by a charitable foundation.  The governing body will contribute towards the capital costs of establishing the school and any subsequent capital building work.  From April 2002 the LEA meet the costs of all repairs and maintenance.

All the new categories of school share common characteristics.  In particular:

a. schools are self-managing. They are run by their governing bodies and staff, not by LEAs. The Code of Practice on LEA-School Relations ensures that LEA intervention is kept to a necessary minimum.

b. schools receive recurrent funding from LEAs through a devolved funding system. This is designed to maximise budget delegation. It does not provide incentives for schools to opt for one category rather than another.

Schools have different histories and aspirations.  The main differences are summarised as follows:

Governing Bodies
The composition of governing bodies varies between school categories.  Between March 2003 and 31 August 2006 all school governing bodies will have to choose and adopt a new constitutional model.  In this new framework the size of the governing body can range from a minimum of 9 to a maximum of 20.  Within this range each governing body can adopt the model of their choice, provided it complies with the guiding principles for their category of school.  These principles prescribe which categories of governor must be represented on the governing body and what the level of representation is for each category.  This is covered under the article Governing Body -Overview - see Background below.

Staffing
At all categories of school the governing body exercise employer functions, including appointments and dismissals.  At foundation and voluntary aided schools, the governing body is also the employer of the school's staff.  At community and voluntary controlled schools, staff are normally employed by the LEA.

At foundation and voluntary aided schools the governing body can agree advisory rights with the LEA relating to appointments and dismissals.  At community and voluntary controlled schools, the LEA will have automatic advisory rights. (NB. Advisory rights entitle LEAs to be present at relevant meetings to offer advice on staff appointments and dismissals, and for such advice to be considered by the governing bodies before decisions are made.)

For more information see Staffing - Overview in Background below.

Religious Character
Schools with a religious character - often called faith schools - are foundation or voluntary aided or controlled schools that have been designated by the Secretary of State as schools with a religious character.  Promoters of any new faith school are required to apply to the Secretary of State to have the school designated. The religious character is not determined by the faith group from which pupils or their parents are drawn, it is determined by the purpose for which the school was originally established (e.g. by reference to the original trusts) and, specifically, whether a particular faith group or groups originally promoted the school to be associated with their faith or denomination.

The staffing arrangements include scope to preserve the religious character of schools.  Schools with a religious character can apply a religious or denominational test in appointing or promoting staff.  This applies to all teachers, including  the headteacher, at voluntary aided schools; and reserved teachers at foundation and voluntary controlled schools.  Foundation and voluntary controlled schools can take account of a person's fitness to preserve religious character in appointing a headteacher.

Foundation and voluntary controlled schools with a religious character normally provide religious education (RE) in accordance with the locally agreed syllabus unless parents ask for RE to be provided in accordance with the tenets of the faith of the school. Conversely voluntary aided schools with a religious character provide RE in accordance with the tenets of the faith of the school, unless parents ask for the locally agreed syllabus. 

Foundation, voluntary controlled and voluntary aided schools with a religious character provide "denominational" collective worship.

Land and buildings
At most voluntary aided or voluntary controlled schools, the buildings are owned by the trustees and the playing fields by the LEA.  In the case of a former grant maintained voluntary school the playing fields will probably be owned by the governing body.

At those foundation schools which were former GM schools, the land and buildings will generally be owned by the governing body. At those foundation schools established under the 1998 SSFA, the land and buildings will either be owned by the trustees or, if the school has no trustees, the governing body.

The land and buildings of a community school are owned by the LEA.  If a former GM school became a community school, or if a voluntary or foundation school becomes community, the land required to run the school was/is transferred to the LEA.  Where trustees also own land that is required to run the school, any transfer is subject to a separate agreement between the trustees and the LEA.   

The governing body of a foundation, voluntary aided or voluntary controlled school require the Secretary of State's consent to dispose of any land or buildings originally provided at public expense.   She can attach conditions to any disposal including the apportionment and use of any sale proceeds.  Safeguards also exist to protect the public interest in any land being disposed of by the trustees of a school where that land was originally provided or enhanced with aid of public monies.

Capital Funding
LEAs are responsible for funding all capital works at community, foundation and voluntary controlled schools.  At voluntary aided schools, governing bodies are generally responsible for the provision of premises and all capital work  to school buildings.  The Department assists the governors of voluntary aided schools with grant of up to 90%, with the governors generally meeting the balance.  In exceptional circumstances governors of voluntary aided schools can apply for a loan from the Secretary of State to assist them with their share for certain large scale projects, or the Department can pay capital grant of up to 100%. LEAs can also help governors with their share of costs.

For more information see School Finance - Overview in Background below.

Admissions
The admission authority for a foundation or voluntary aided school is the school's governing body. The admission authority for a community or voluntary controlled school is normally the LEA (unless the LEA delegates authority for admissions to the governing body)
All LEAs and other admission authorities have to abide by a Code of Practice.  They are also required to consult on their admission arrangements before they are determined.  Where there is a dispute between admission authorities which cannot be resolved locally, it will be referred to the Schools Adjudicator for determination.

For admissions to schools from September 2004 admission authorities will have to operate co-ordinated admission arrangements.

For more information see Admissions - Overview below.