SCHEDULES
C1 SCHEDULE 17Disabled pupils: enforcement
Part 4Admissions and exclusions
Admissions
I113
1
This paragraph applies if appeal arrangements have been made in relation to admissions decisions.
2
A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an admissions decision must be made under the appeal arrangements.
3
The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements.
4
Appeal arrangements are arrangements under—
a
section 94 of the School Standards and Framework Act 1998, or
F1b
Academy arrangements (as defined in section 1 of the Academies Act 2010) between the responsible body for an Academy and the Secretary of State,
enabling an appeal to be made by the person's parent against the decision.
5
An admissions decision is—
a
a decision of a kind mentioned in section 94(1) or (2) of the School Standards and Framework Act 1998;
b
a decision as to the admission of a person to an F2Academy school or an alternative provision Academy taken by the responsible body or on its behalf.
Exclusions F3: Wales
Word in Sch. 17 para. 14 cross-heading inserted (1.9.2012) by Education Act 2011 (c. 21), s. 4(4), Sch. 1 para. 12; S.I. 2012/1087, art. 3
I214
1
This paragraph applies if appeal arrangements have been made in relation to exclusion decisions F4that are made in relation to schools in Wales.
2
A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an exclusion decision must be made under the appeal arrangements.
3
The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements.
F54
Appeal arrangements are arrangements under section 52(3) of the Education Act 2002 enabling an appeal to be made against an exclusion decision.
5
An exclusion decision is—
a
a decision of a kind mentioned in 52(3) of the Education Act 2002;
b
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
“Responsible body”, in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under section 19 of the Education Act 2002.
7
“Maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998.
Sch. 17: power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 18(2)(c) (as amended by S.I. 2011/1651, art. 12(b)); S.I. 2012/320, art. 2(g)