Curriculum and Assessment (Wales) Act 2021

31 Power to disapply duty to implement pupil choice

(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).