Learning and Skills (Wales) Measure 2009

Learning and Skills (Wales) Measure 2009

1

COMMENTARY ON SECTIONS

PART 2 LOCAL CURRICULUM FOR STUDENTS AGED 16 TO 18

Sections 21 – 39 amend, in most cases by inserting new sections, the Learning and Skills Act 2000

Section 30 Head teacher’s or principal’s decision to remove entitlement (section 33I of the Learning and Skills Act 2000)

92. Sometimes, it will be necessary to remove a student’s entitlement to follow a course of study, for health and safety reasons, for example.

93. Subsection (1) enables a head teacher or principal to decide, on specified grounds, to remove a student’s entitlement.

94. Subsection (2) specifies the grounds on which a head teacher or principal of a student’s relevant school or institution may decide to remove a students’ entitlement. Those grounds are health and safety and disproportionate expenditure.

95. Subsection (3) enables regulations to be made by the Welsh Ministers connected with the making of decisions under subsection (1) including:

(a)

the decision making procedure;

(b)

provision for appeals to the governing body of a school or institution or to another person specified in the regulations;

(c)

provision regarding the effect of a decision pending determination of an appeal;

(d)

the procedure to be followed in connection with determining an appeal.

96. Subsection (4) requires head teachers and principals and a person charged with determining appeals under the regulations to have regard to any guidance issued by Welsh Ministers about the exercise of functions under this section.

97. Subsection (5) enables Welsh Ministers by Order to amend or remove the existing grounds, add to them, and amend or remove any additions.