Education Act 1996

Part II Aided and special agreement schools

Preliminary

8 The articles of government for an aided or a special agreement school shall make provision for the matters set out in paragraphs 9 to 13.

Reinstatement of permanently excluded pupils

9 (1) Where the governing body have been informed of the permanent exclusion of a pupil from the school, they shall consider whether he should be reinstated immediately, reinstated by a particular date or not reinstated.

(2) If the governing body decide that the pupil should be reinstated, they shall—

(a) give the appropriate direction to the head teacher, and

(b) inform the relevant person and the local education authority of the direction.

(3) If the governing body decide that the pupil should not be reinstated, they shall (without delay) inform the relevant person and the local education authority of their decision.

10 The head teacher shall comply with any direction for the reinstatement of the pupil given by the governing body by virtue of paragraph 9.

Reinstatement of pupils excluded for a fixed period

11 (1) Where a pupil is excluded from the school for a fixed period in circumstances in which he would, as a result of the exclusion—

(a) be excluded from the school for a total of more than five school days in any one term, or

(b) lose an opportunity to take a public examination,

the head teacher shall comply with any direction given by the governing body or the local education authority for the pupil’s reinstatement.

(2) If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.

12 (1) Before giving any such direction as is mentioned in paragraph 11(1) the local education authority shall—

(a) give the governing body an opportunity to express their views; and

(b) consider any views expressed within the prescribed period by the governing body.

(2) Where the authority give any such direction, they shall inform the relevant person and the governing body of the direction.

13 Where the governing body give any such direction as is mentioned in paragraph 11(1), they shall inform the relevant person and the local education authority of the direction.