The Education (Local Curriculum for Pupils in Key Stage 4) (Wales) Regulations 2009

Head teacher’s decision as to entitlement

9.—(1) Where a head teacher decides under section 116F(1) of the 2002 Act that a pupil is not entitled to follow a course or courses of study he or she must do so within 28 working days following the start of the summer term.

(2) Where a head teacher so decides he or she must within 3 working days of that decision inform the relevant person in writing of the following matters—

(a) of the decision and the reasons for it;

(b) that the relevant person may request the head teacher review that decision;

(c) the period within which such a request must be made; and

(d) that the relevant person may make representations in writing about that decision to the head teacher.

(3) A request by a relevant person under paragraph (2)(b) and any representations under paragraph (2)(d) must be made within 5 working days of his or her receipt of notice of the head teacher’s decision.

(4) Where a relevant person requests under paragraph (2)(b) that a head teacher review his or her decision the head teacher must make a determination within 10 working days of receipt of the request and in so doing he or she must consider—

(a) the circumstances in which his or her decision was made;

(b) any written representations made by a relevant person about that decision; and

(c) any other circumstances he or she considers relevant.

(5) The head teacher must within 3 working days of his or her determination pursuant to paragraph (4), inform the relevant person in writing of it and the reasons for it.

(6) This regulation applies only in relation to the first election a pupil makes under section 116D(1) of the 2002 Act in accordance with regulation 7 (and not in relation to any subsequent election).