Education and Inspections Act 2006 Explanatory Notes

Section 100: Duty of governing body or proprietor where pupil excluded for fixed period

489.This section introduces a duty for schools to provide suitable full-time education to temporarily excluded pupils.

490.In subsection (1) the section imposes a duty to that effect. Currently there is no obligation for schools to provide any education to excluded pupils. They are expected to send work home for the pupil to complete. This subsection also gives power to the Secretary of State to prescribe exceptions to this duty.

491.Subsection (2) states that regulations will prescribe the day from which such full-time education must be provided.

492.Subsection (3) prescribes that such education may be provided on the premises of the excluding school only if it is provided in pursuance of arrangements with at least one other school for the education of excluded pupils from both that and that other or those other schools.

493.Subsection (4) provides that the governing body of the school must have regard to the Secretary of State’s guidance in making arrangements for educating excluded pupils.

494.Subsection (5) defines governing body to include the proprietor of an Academy, city technology college (CTC) and a city college for the technology of the arts (CCTA).

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