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The School Funding (Wales) Regulations 2010

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15.—(1) In determining and redetermining budget shares a local authority may take into account in their formula the number of places they wish to fund in–

(a)special schools;

(b)primary or secondary schools with places which the authority recognise as reserved for children with special educational needs;

(c)primary schools with places which the authority recognise as reserved for children in a nursery class; or

(d)maintained nursery schools.

(2) In determining and redetermining budget shares a local authority may take into account in their formula the nature of any special educational needs when funding places at special schools or places recognised as reserved for children with special educational needs in primary or secondary schools.

(3) A local authority must provide that, if any places at special schools are taken into account in accordance with paragraph (1), the number must be no fewer than the number of registered pupils at the school on the date or dates determined for the purpose of regulation 13(1).

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