PART 2

CURRICULUM IN MAINTAINED SCHOOLS, MAINTAINED NURSERY SCHOOLS AND FUNDED NON-MAINTAINED NURSERY EDUCATION
CHAPTER 3

CURRICULUM IMPLEMENTATION

Maintained schools and maintained nursery schools

Power to disapply duty to implement pupil choice
31
1
This section applies to the teaching and learning chosen by a pupil by virtue of section 24.
2
If the head teacher of a maintained school is satisfied that a relevant ground applies, the head teacher may determine that the duty to secure the teaching and learning does not apply.
3
In the case of a determination made before the pupil begins the relevant school year, the relevant grounds are that—
a
the teaching and learning is not suitable for the pupil, due to the pupil's level of educational attainment;
b
it is not reasonably practicable to secure the teaching and learning for the pupil, due to other choices made by the pupil by virtue of section 24;
c
the amount of time likely to be spent travelling to the place at which the teaching is likely to be delivered would be detrimental to the pupil's education;
d
disproportionate expenditure would be incurred if the teaching and learning were to be secured for the pupil;
e
the pupil or another person's health or safety would be placed unacceptably at risk if the teaching and learning were to be secured for the pupil.
4
In the case of a determination made after the pupil has begun the relevant school year, the relevant grounds are that—
a
disproportionate expenditure would be incurred if the teaching and learning were to continue to be secured for the pupil;
b
the pupil's or another person's health or safety would be placed unacceptably at risk if the teaching and learning were to continue to be secured for the pupil.
5
In subsections (3) and (4), the “relevant school year” is the school year in which the majority of the pupils in the pupil's class will attain the age of 15.
6
Regulations may amend subsections (3) and (4).
Pt. 2 modified (temp.) (13.6.2022) by The Curriculum and Assessment (Wales) Act 2021 (Commencement No. 3 and Transitional Provision) Order 2022 (S.I. 2022/652), art. 2
S. 31 in force at 1.9.2025 for specified purposes by S.I. 2022/652, art. 8(a)