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Curriculum and Assessment (Wales) Act 2021
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42Temporary exceptions for individual pupils and children
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(1)Regulations may enable the head teacher of a maintained school or maintained nursery school to determine, in cases or circumstances specified in the regulations—
(a)that sections 27, 28, 29 and 30, or any of those sections, are to be disapplied in relation to a registered pupil at the school during the period specified in the determination, or
(b)that sections 27, 28, 29 and 30, or any of those sections, are to be applied in relation to a registered pupil at the school, during the period specified in the determination, with the modifications specified in the determination.
(2)Regulations may enable a provider of funded non-maintained nursery education to determine, in cases or circumstances specified in the regulations—
(a)that sections 34, 35 and 36, or any of those sections, are to be disapplied, during the period specified in the determination, in relation to a child for whom the education is provided, or
(b)that sections 34, 35 and 36, or any of those sections, are to be applied in relation to such a child, during the period specified in the determination, with the modifications specified in the determination.
(3)If regulations are made under this section, they must provide that a person may make a determination under the regulations only if satisfied that the curriculum that will be implemented for the pupil or child as a result of the determination will—
(a)enable the pupil or child to develop in the ways described in the four purposes,
(b)secure teaching and learning that offers appropriate progression for each pupil or child,
(c)be suitable for the pupil or child’s age, ability and aptitude,
(d)take account of the pupil’s or child’s additional learning needs (if any), and
(e)secure broad and balanced teaching and learning for the pupil or child.
(4)Regulations made under this section may specify further conditions that must be met before a determination may be made under the regulations.
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