Part 7Discipline, behaviour and exclusion

Chapter 2Parental responsibilities and excluded pupils

Excluded pupils

100Duty of governing body or proprietor where pupil excluded for fixed period

1

Except in prescribed cases, the governing body of a relevant school in England must make arrangements for the provision of suitable full-time education for pupils of compulsory school age who are excluded from the school for a fixed period on disciplinary grounds.

2

The education referred to in subsection (1) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.

3

The education must not be provided at the school unless it is provided there in pursuance of arrangements which—

a

are made jointly with the governing body of at least one other relevant school, and

b

make provision for the education of pupils excluded on disciplinary grounds from any of the schools that are parties to the arrangements.

4

In determining what arrangements to make under subsection (1) in the case of any pupil, a governing body must have regard to any guidance given from time to time by the Secretary of State.

5

In this section—

  • “governing body”, in relation to a relevant school which is an Academy, a city technology college or a city college for the technology of the arts, means proprietor;

  • “prescribed” means prescribed by regulations;

  • “regulations” means regulations made by the Secretary of State;

  • “relevant school” does not include a pupil referral unit;

  • “suitable full-time education”, in relation to a pupil, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.