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8.—(1) Before a decision is made to disapply the National Curriculum, a head teacher shall—
(a)satisfy himself that the educational benefits to the pupil of disapplication of the National Curriculum outweigh any disadvantages he may suffer as a result of not studying the full National Curriculum;
(b)agree the proposed disapplication with the pupil and his parents; and
(c)in relation to disapplication under regulation 7(1)(a), ensure that a guidance interview with the pupil has taken place.
(2) When a decision to disapply the National Curriculum has been made in respect of a pupil the head teacher shall:
(a)agree a curriculum plan with the pupil and his parents;
(b)ensure that the pupil’s entitlement to study a broad curriculum is maintained and his opportunities for continuing his studies beyond Key Stage 4 are safeguarded.
(3) The reference to a guidance interview in paragraph (1) means an interview between the pupil and an impartial and informed adult which enables the pupil to consider and discuss his ambitions for his future education and training and which enables guidance to be given to him regarding the curriculum plan and the implications for him of the disapplication of the National Curriculum.
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