School Standards and Framework Act 1998 (c. 31)

Part II E+W New framework for maintained schools

Chapter V E+W Staffing and conduct of schools

Exclusion of pupils E+W

Valid from 01/09/1999

64 Power of head teacher to exclude pupils. E+W

(1) The head teacher of a maintained school may exclude a pupil from the school for a fixed period or permanently.

(2) The head teacher may not exercise the power to exclude a pupil from the school for one or more fixed periods such that the pupil is so excluded for more than 45 school days in any one school year.

(3) A pupil may not be excluded from a maintained school (whether by suspension, expulsion or otherwise) except by the head teacher in accordance with this section.

(4) In this Act “exclude”, in relation to the exclusion of a child from a school, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly).

Modifications etc. (not altering text)

C1 Ss. 64-68 restricted (13.8.1999) by S.I. 1999/2323, art. 4, Sch. 6, para. 1

C2 S. 64(2)(3): Power to apply (with modifications) conferred (24.7.2002) by Education Act 2002 (c. 32), ss. 52(8)(9), 216 (with ss. 210(8), 214(4))

C3 S. 64(2)(3): Power to apply (with modifications) conferred (24.7.2002) by Education Act 2002 (c. 32), ss. 52(8)(9), 216 (with ss. 210(8), 214(4))

C4 S. 64(4) extended (16.6.1999) by S.I. 1999/1439, reg. 13(2).