Education Act 2002

The National Curriculum for England: special cases E+W

90 Development work and experiments E+W

(1) For the purpose of enabling development work or experiments to be carried out, the Secretary of State may direct in respect of a particular maintained school F1 ... that, for such period as may be specified in the direction, the National Curriculum for England—

(a) shall not apply, or

(b) shall apply with such modifications as may be specified in the direction.

(2) A direction under subsection (1) may apply either generally or in such cases as may be specified in the direction.

(3) In the case of a community, voluntary controlled or community special school F2 ..., a direction shall not be given under subsection (1) except on an application—

(a) by the governing body with the agreement of the [F3 local authority], [F4 or]

(b) by the [F3 local authority] with the agreement of the governing body, F5 ...

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In the case of a foundation, voluntary aided or foundation special school, a direction shall not be given under subsection (1) except on an application by the governing bodyF6 ....

(5) The Secretary of State may make it a condition of a direction under subsection (1) that any person by whom or with whose agreement the request for the direction was made should, when so directed or at specified intervals, report on any matters specified by the Secretary of State to—

(a) the Secretary of State, or

[F7 (b) a person designated for the purposes of this subsection by the Secretary of State.]

[F8 (5A) If required by the Secretary of State to do so [F9 a person designated for the purposes of this subsection by the Secretary of State] shall keep under review development work or experiments carried out following a direction given under subsection (1).

F10 (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5C) A designation under [F11 subsection (5)(b) or (5A)] may make different provision for different purposes.]

(6) The Secretary of State may by a direction under this subsection vary or revoke a direction under subsection (1).

Textual Amendments

F1 Words in s. 90(1) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 12(2), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F2 Words in s. 90(3) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 12(3), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F4 Word in s. 90(3) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(2)(a); S.I. 2012/924, art. 2

F5 S. 90(3)(c) and word omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(2)(b); S.I. 2012/924, art. 2

F6 Words in s. 90(4) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(3); S.I. 2012/924, art. 2

F7 S. 90(5)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(4); S.I. 2012/924, art. 2

F8 S. 90(5A)-(5C) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 36(4); S.I. 2010/1151, art. 2, Sch. 1

F9 Words in s. 90(5A) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(5); S.I. 2012/924, art. 2

F10 S. 90(5B) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(6); S.I. 2012/924, art. 2

F11 Words in s. 90(5C) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(7); S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C1 S. 90 applied (with modifications) (25.5.2007) by The School Governance (New Schools) (England) Regulations 2007 (S.I. 2007/958), regs. 1, 30

C2 S. 90(3) modified (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 3(i)

91 Exceptions by regulations E+W

Regulations may provide that the National Curriculum for England, or such of the provisions of the National Curriculum for England as may be specified in the regulations—

(a) shall not apply, or

(b) shall apply with such modifications as may be specified in the regulations,

in such cases or circumstances as may be specified in the regulations.

92 Pupils with [F12 EHC plans] E+W

The special educational provision for any pupil specified in [F13 an EHC plan maintained for the pupil] may include provision—

(a) excluding the application of the National Curriculum for England, or

(b) applying the National Curriculum for England with such modifications as may be specified in [F14 the plan].

Textual Amendments

F12 Words in s. 92 substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 77(c); S.I. 2014/889, art. 7(a)

F13 Words in s. 92 substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 77(a); S.I. 2014/889, art. 7(a)

F14 Words in s. 92 substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 77(b); S.I. 2014/889, art. 7(a)

[F15 92A Pupils with Individual Development Plans E+W

The additional learning provision described in an individual development plan prepared or maintained by a local authority in Wales under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may include provision—

(a) excluding the application of the National Curriculum for England, or

(b) applying the National Curriculum for England with such modifications as may be specified in the plan.]

Textual Amendments

F15 S. 92A inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 5(4)

93 Temporary exceptions for individual pupils E+W

(1) Regulations may enable the head teacher of a maintained school F16 ..., in such cases or circumstances and subject to such conditions as may be prescribed, to direct in respect of a registered pupil at the school that, for such period as may be specified in the direction (the “operative period” of the direction), the National Curriculum for England—

(a) shall not apply, or

(b) shall apply with such modifications as may be specified in the direction.

(2) The conditions prescribed by the regulations shall, in particular, limit the operative period that may be specified in a direction to a maximum period specified in the regulations.

(3) Any maximum period specified (whether in relation to directions given under the regulations or in relation to directions given under the regulations in circumstances specified in the regulations) shall be either—

(a) a fixed period not exceeding six months, or

(b) a period determinable (in such manner as may be specified in the regulations) not later than six months from its beginning.

(4) Any maximum period so specified may, without prejudice to the generality of section 210(7) (which provides that regulations under this Act may make different provision for different cases or circumstances etc.), differ according to whether or not the direction in question is given in respect of a period beginning—

(a) immediately after the end of the operative period of a previous direction, or

(b) within such period after the end of the operative period of a previous direction as may be specified in the regulations.

(5) The regulations may enable the head teacher of a maintained school F17 ..., in such cases or circumstances and subject to such conditions as may be prescribed—

(a) to revoke any direction given by him under the regulations, and

(b) to vary such a direction, except so as to extend its operative period.

(6) Before making any regulations under this section, the Secretary of State shall consult with any persons with whom consultation appears to him to be desirable.

Textual Amendments

F16 Words in s. 93(1) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 13, Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F17 Words in s. 93(5) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 13, Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

94 Information concerning directions under section 93 E+W

(1) Where a head teacher gives or varies a direction under regulations made under section 93, he shall, in such manner as may be prescribed, give the information mentioned in subsection (2)—

(a) to the governing body, and

(b) to the [F3 local authority] by whom the school is maintained,

and shall take such steps as may be prescribed to give that information also to a parent of the pupil concerned.

(2) That information is—

(a) the fact that he has taken the action in question, its effect and his reasons for taking it,

(b) the provision that is being or is to be made for the pupil’s education during the operative period of the direction, and

(c) either a description of the manner in which he proposes to secure the full implementation of the National Curriculum for England in relation to the pupil after the end of that period, or an indication that he has the opinion mentioned in subsection (3).

(3) That opinion is that the pupil has or probably has special educational needs [F18 and the responsible authority ought to be required to secure an EHC needs assessment for the pupil under section 36 of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, a re-assessment under section 44 of that Act).]

(4) Where—

(a) the head teacher of a maintained school F19 ... includes an indication of any such opinion in information given under subsection (1), and

(b) the [F3 local authority] by whom the school is maintained are not the responsible authority in relation to the pupil in question,

the head teacher shall also give that information, in such manner as may be prescribed, to the responsible authority.

(5) Where the responsible authority receive information given to them under subsection (1) or (4) which includes an indication that the head teacher has the opinion mentioned in subsection (3), they shall [F20 make a determination in respect of the pupil under section 36(3) of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, under that section as it applies to re-assessments by virtue of regulations under section 44(7)). ]

(6) In this section “the responsible authority”, in relation to a pupil, means the [F3 local authority] responsible for him for the purposes of [F21 Part 3 of the Children and Families Act 2014 (see section 24 of that Act)].

Textual Amendments

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F18 Words in s. 94(3) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 78(2); S.I. 2014/889, art. 7(a)

F19 Words in s. 94(4)(a) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 14, Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F20 Words in s. 94(5) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 78(3); S.I. 2014/889, art. 7(a)

F21 Words in s. 94(6) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 78(4); S.I. 2014/889, art. 7(a)

95 Appeals against directions under section 93 etc. E+W

(1) Where a head teacher—

(a) gives, revokes or varies a direction under regulations made under section 93,

(b) refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed by the regulations, by the parent of a registered pupil at the school, or

(c) following the making of such a request, fails within such period as may be prescribed by the regulations to give, revoke or vary such a direction in accordance with the request,

the parent of the pupil concerned may appeal to the governing body.

(2) On such an appeal, the governing body may—

(a) confirm the head teacher’s action, or

(b) direct the head teacher to take such action authorised by the regulations as they consider appropriate in the circumstances.

(3) The head teacher shall comply with any directions of the governing body given under subsection (2)(b).

(4) The governing body shall notify the appellant and the head teacher in writing of their decision on such an appeal.

Modifications etc. (not altering text)

C3 S. 95 modified (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 3(j)