C1PART 2CURRICULUM IN MAINTAINED SCHOOLS, MAINTAINED NURSERY SCHOOLS AND FUNDED NON-MAINTAINED NURSERY EDUCATION

Annotations:

CHAPTER 4CURRICULUM IMPLEMENTATION: EXCEPTIONS

I1I243Temporary exceptions for individual pupils and children: supplementary

1

This section makes further provision about regulations made under section 42.

2

The regulations must not allow a determination to be made under the regulations on the grounds that a pupil or child has, or may have, additional learning needs (see, instead, section 41).

3

The regulations must specify that that the operative period of a determination made under the regulations is either—

a

a fixed period specified in the determination that does not exceed 6 months, or

b

a period that must be brought to an end (in accordance with the regulations) no later than 6 months from its beginning.

4

But the regulations may specify a different operative period for a determination if that operative period is to begin—

a

immediately after the end of the operative period of a previous determination, or

b

before the end of a period, specified in the regulations, that begins with the end of the operative period of a previous determination.

5

The regulations may enable a person who makes a determination under the regulations—

a

to vary the determination, except in relation to its operative period, or

b

to revoke the determination.

6

The regulations may specify—

a

cases or circumstances in which a determination made under the regulations may be varied or revoked;

b

conditions which must be met before a determination made under the regulations may be varied or revoked.

7

In this section, the “operative period” of a determination means the period for which the determination has effect.