During talks on the new public benefit guidance, some schools proposed a category that would be similar to charities but would have a different set of legal rules and tax requirements.
"The idea that health and education trusts should be moved out of the charitable estate was explored," said Matthew Burgess, general counsel at the Independent Schools Council. "It was rejected by the Government, though I don't know why."
The main concern of schools was what would happen if they were not defined as charitable under the new rules, he added.
The Charity Commission said it expected schools to be able to meet the requirements.