Education and Inspections Act 2006

100 Duty of governing body or proprietor where pupil excluded for fixed period E+W

(1) Except in prescribed cases, the governing body of a relevant school in England must make arrangements for the provision of suitable full-time education for pupils of compulsory school age who are excluded from the school for a fixed period on disciplinary grounds.

(2) The education referred to in subsection (1) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.

(3) The education must not be provided at the school unless it is provided there in pursuance of arrangements which—

(a) are made jointly with the governing body of at least one other relevant school, and

(b) make provision for the education of pupils excluded on disciplinary grounds from any of the schools that are parties to the arrangements.

(4) In determining what arrangements to make under subsection (1) in the case of any pupil, a governing body must have regard to any guidance given from time to time by the Secretary of State.

(5) In this section—

• “governing body”, in relation to a relevant school which is an [F1 Academy school, an alternative provision Academy,] a city technology college or a city college for the technology of the arts, means proprietor;

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Secretary of State;

• “relevant school” does not include a pupil referral unit;

• “suitable full-time education”, in relation to a pupil, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

Textual Amendments

F1 Words in s. 100(5) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(3); S.I. 2012/924, art. 2

Commencement Information

I1 S. 100 in force at 1.9.2007 by S.I. 2007/1801, art. 4(g)