An Academy may be set up under section 1 of the Act by virtue of an agreement between the Secretary of State for Education and any other person. Alternatively, maintained schools may be converted into academies by an Academy Order made under section 4 of the Act, provided that the governing body of the school has applied under section 3 or the school is eligible for intervention under sections 60-62 of the Education and Inspections Act 2006. Academies established under section 1 will be charities in addition to receiving funding from the central government. Academies will also be free to set their own curriculum, as long as it is "broad and balanced" meeting the standards set in section 78 of the Education Act 2002. The Act will only affect schools in England.
Initial schools
Prior to the 2010 General Election there were 203 academies in England. After the election the new Education SecretaryMichael Gove sent a letter to all publicly funded schools inviting them to become academies. Within three weeks, 70% of all outstanding secondary schools expressed interest. Of the 1,567 schools initially expressing interest, 828 were rated "outstanding" and could be fast-tracked into academies by September 2010. An analysis of the list applicants for academy status by the Times Educational Supplement reported that the list was "dominated" by schools from middle class areas, particularly the Home Counties. For example, 12% of schools in Kent applied compared to less than 2% in Middlesbrough. A later list published by the Department for Education said a total of 1,907 schools had expressed an interest. By 23 July 2010, 153 schools in England had applied for academy status. The list included 12 faith schools and more than 20 grammar schools. Ultimately, 32 new academies opened under the provisions of the Act in the autumn term of 2010. A further 110 schools are planned to convert at a later date. By January 2011 a total of 407 primary and secondary schools with academy status existed, with the 371 secondary academies representing 11% of the total number of secondary schools.
Reaction and analysis
MPs and the Conservative chair of the Education Select CommitteeGraham Stuart accused the government of "rushing" the bill through Parliament, to which the government replied that there was "ample time" to debate the bill. Julian Glover said the "rush hides not the enormity but the thinness of the measure; opposition outrage enhancing the impression that something big must be under way" and the Act "concedes no new powers of any importance". The Act aims to enshrine greater freedoms for schools given academy status. Janet Daley says this will liberate schools from "monolithic local authority control" while journalist Toby Young said the Act will revitalise the goal of the existing academies system to provide an increased level of choice for parents. Professor Alan Smithers of the University of Buckingham said that the plan to increase autonomy for a select number of schools will be divisive and disadvantaged children would lose out. Supporters say that the "pupil premium" will countermand this by allocating extra funds for schools with a greater intake of disadvantaged children. Criticism of provisions in the Act have also come from the British Humanist Association, the Local Government Information Unit, the Liberal Democrat Education Association teachers' unions, the Campaign for Science and Engineering, the Institute of Education and Sir Peter Newsam, former Chief Schools Adjudicator. The element of the Act which eliminates the requirement for there to be local consultation was criticised as undemocratic by education lawyers and the National Governors' Association. The National Grammar Schools Association warned grammar schools against becoming academies, saying that "there are fears that academies may not be legally defined as 'maintained' schools, in which case they may lose the statutory protection of requiring a parental ballot before they are turned into comprehensive schools."
