The School and Early Years Finance (England) Regulations 2025

Schedule 3 MINIMUM FUNDING GUARANTEE

Regulation 28 1 (1) In this Schedule— (a) references to the number of pupils— (i) for the purposes of the previous funding period, exclude those funded by a sixth form grant; and (ii) for the purposes of the funding period, exclude those funded by a sixth form grant; (b) the “relevant number” of pupils for the previous funding period is the number of pupils at the school on 5th October 2023; (c) the “relevant number” of pupils for the funding period is the number of pupils at the school on 3rd October 2024; (d) the “minimum funding number” means a number determined by the local authority, between and including 0.995 and 1.000; (e) the redetermined adjusted budget share for the previous funding period means a number calculated by the local authority, which must— (i) exclude— (aa) any amount allocated under regulation 14(2) (places reserved for children with special educational needs) of the 2024 Regulations; (bb) any amount included under regulation 28 (sixth form funding) of the 2024 Regulations; (cc) any amount included under regulation 40 (correction of errors and changes in non-domestic rates) of the 2024 Regulations; (dd) the difference between (a) any amount allocated to the school under regulation 29(4) or (8) (new schools, merged schools and closing schools) of the 2024 Regulations, and (b) the single sum which the school would have received under regulation 16 (lump sums for primary and secondary schools) of the 2024 Regulations, had regulation 29(4) or (8) of the 2024 Regulations not applied; (ee) any amount allocated to the school under regulation 24 (additional criteria etc which may be taken into account) of the 2024 Regulations where such amount has been deducted from the schools budget under Part 5 (children and young people with high needs) of Schedule 2; (ff) any amount allocated to the school under regulation 10(3) (early years single funding formula) of the 2024 Regulations; (gg) any amount included in respect of regulation 24(3)(a) (non-domestic rates) of the 2024 Regulations; (hh) any amount allocated to the school under regulation 16(2) (primary lump sum) or, where regulation 30(4) or (8) applies, the amount allocated to the school under that regulation; (ii) any amount allocated to the school under regulation 16(3) (secondary lump sum) or, where regulation 30(4) or (8) (applies, the amount allocated to the school under that regulation; (jj) any amount allocated to the school under regulation 21(2) (primary population sparsity); (kk) any amount allocated to the school under regulation 21(7) (secondary population sparsity); (ll) any amount added to the school’s budget share under regulation 39 (pupils permanently excluded from, or leaving, maintained schools) of the 2024 Regulations; (mm) any amount allocated to the school under regulation 23 (split sites factor) of the 2024 Regulations; and (nn) any amount allocated to the school under regulation 24(3)(b) (private finance initiatives) of the 2024 Regulations. (ii) include— (aa) any amount deducted from the school’s budget share under regulation 11(5) or (6) (determination of allocation of budget shares etc. for the funding period), 22(2) (risk protection arrangement) or 39 (pupils permanently excluded from, or leaving, maintained schools) of the 2024 Regulations; and (bb) any amount representing the allocation to the school in the previous funding period in respect of the teachers’ pay additional grant, the teachers’ pension employer contribution grant and the core schools budget grant as shown on the authority proforma tool for 2025–26 sent to the local authority by the Department for Education in December 2024; (f) references to a redetermined adjusted budget share for the funding period include the effect of any alternative arrangements approved by the Secretary of State under regulation 42, but the local authority must— (i) exclude— (aa) any amount allocated under regulation 14(2) (places); (bb) any amount included under regulation 29 (sixth form funding); (cc) any amount included under regulation 41 (correction of errors and changes in non-domestic rates); (dd) any amounts allocated under regulation 10(1) (formula for determining budget shares) which would have been within a class or description of the expenditure listed in Schedule 2 to the 2024 Regulations that the local authority deducted in the previous funding period; (ee) any amount allocated to the school under regulation 10(3) (early years single funding formula); (ff) any amount included in respect of regulation 25(3)(a) (non-domestic rates); (gg) any amount included in respect of regulation 25(3)(b) (private finance initiatives); (hh) any amount allocated to the school under regulation 16(2) (primary lump sum) (or, where regulation 30(4) or (8) applies, the amount allocated to the school under that regulation); (ii) any amount allocated to the school under regulation 16(3) (secondary lump sum) (or, where regulation 30(4) or (8) applies, the amount allocated to the school under that regulation); (jj) any amount allocated to the school under regulation 21(2); (kk) any amount allocated to the school under regulation 21(7); (ll) any amount added to the school’s budget share under regulation 40 (pupils permanently excluded from, or leaving, maintained schools); and (mm) any amount allocated under regulation 24. (ii) include any amount that is deducted from a school’s budget share under regulation 11(5) or (6) (applications to a schools forum or to the Secretary of State for authorisation to redetermine budgets), 22(2) (risk protection arrangement), 23(2) (energy scheme factor), 40 or 41. (2) For the purposes of this Schedule— (a) where a school opened during the previous funding period, its redetermined adjusted budget share for the previous funding period is the amount it would have been if the school had opened on 1st April 2024; and (b) where a school opens during the funding period, its redetermined adjusted budget share for the funding period is the amount it would have been if the school had opened on 1st April 2025, in both cases adjusted in accordance with paragraph 1(e) or (f), whichever is applicable. 2 Where (A/B) is less than (C/D) then the guaranteed funding level is (C/D) x B where— A is the redetermined adjusted budget share, calculated by the local authority, for the funding period; B is the relevant number of pupils in the funding period; C is the redetermined adjusted budget share for the previous funding period multiplied by the minimum funding number; and D is the relevant number of pupils in the previous funding period. 3 Where a new school opens during the funding period and is a replacement for two or more schools being discontinued during the funding period, its guaranteed funding level must be calculated in accordance with paragraph 2, subject to paragraph 4. 4 In calculating the guaranteed level of funding under paragraph 3 the relevant number of pupils in the previous funding period under paragraph 1(1)(b) is the sum of the relevant number of pupils in the discontinued schools on 5th October 2023. 5 In calculating the redetermined adjusted budget share for the previous funding period, the local authority may exclude any amounts allocated pursuant to regulation 42(1)(d) (exceptional premises costs) if it also excludes the amount from the redetermined adjusted budget share calculated for the funding period.