Part 7

Discipline, behaviour and exclusion
Chapter 1

School Discipline

Certain schools required to have behaviour policy

Determination by head teacher of behaviour policy
89
1
The head teacher of a relevant school must determine measures to be taken with a view to—
a
promoting, among pupils, self-discipline and proper regard for authority,
b
encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils,
c
securing that the standard of behaviour of pupils is acceptable,
d
securing that pupils complete any tasks reasonably assigned to them in connection with their education, and
e
otherwise regulating the conduct of pupils.
2
The head teacher of a relevant school in England must in determining such measures—
a
act in accordance with the current statement made by the governing body under section 88(2)(a), and
b
have regard to any notification or guidance given to him under section 88(2)(b).
2A
The head teacher of a relevant school in Wales must in determining such measures—
a
act in accordance with the current statement made by the governing body under section 88(2)(a),
b
have regard to any notification or guidance given to him under section 88(2)(b), and
c
require pupils at the school to comply with the travel behaviour code made by the Welsh Ministers under section 12 of the Learner Travel (Wales) Measure 2008.
3
In relation to a relevant school in England, the standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by the governing body.
3A
In relation to a relevant school in Wales, the standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by—
a
the governing body, or
b
the Welsh Ministers.
4
The measures which the head teacher determines under subsection (1) must include the making of rules and provision for disciplinary penalties (as defined by section 90).
4A
In relation to a school in England, rules made under subsection (4) must identify the items for which a search may be made.
5
The measures which the head teacher of a relevant school in England determines under subsection (1) may, to such extent as is reasonable, include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.
5A
The measures which the head teacher of a relevant school in Wales determines under subsection (1) may, to such extent as is reasonable and not required by subsection (2A)(c), include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.
6
The measures determined by the head teacher under subsection (1) must be publicised by him in the form of a written document as follows—
a
he must make the measures generally known within the school and to parents of registered pupils at the school, and
b
he must in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons who work at the school (whether or not for payment).
S. 89 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)
S. 89(1)-(3) (5)(6) in force at 1.1.2009 for W. by S.I. 2009/2545, art. 3(2)(a) (with art. 4)
S. 89(2A) inserted (4.1.2010) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 13(3), 28(2); S.I. 2009/2819, art. 2(2)(a)
S. 89(3A) inserted (4.1.2010) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 13(5), 28(2); S.I. 2009/2819, art. 2(2)(a)
S. 89(5A) inserted (4.1.2010) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 13(7), 28(2); S.I. 2009/2819, art. 2(2)(a)
Words in s. 89(2) inserted (4.1.2010) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 13(2), 28(2); S.I. 2009/2819, art. 2(2)(a)
Words in s. 89(3) substituted (4.1.2010) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 13(4), 28(2); S.I. 2009/2819, art. 2(2)(a)
Words in s. 89(5) inserted (4.1.2010) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 13(6), 28(2); S.I. 2009/2819, art. 2(2)(a)
S. 89(4) in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(b)
S. 89(4A) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(7), 82(3); S.I. 2012/924, art. 2