Education Act 1997

Part I — Assisted places scheme

Assessment of pupils in accordance with scheme.

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Part II — School discipline

Responsibility for discipline

Responsibility for discipline: LEA-maintained schools

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Responsibility for discipline: grant-maintained and grant-maintained special schools

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Power to restrain pupils

Power of members of staff to restrain pupils

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Detention

Detention outside school hours lawful despite absence of parental consent

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Exclusion of pupils from school

Variation of limit on fixed-period exclusions: all maintained schools

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Exclusion or reinstatement appeals: LEA-maintained schools

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Schools and other institutions to co-operate with careers advisers.

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LEA plans

LEA plans relating to children with behavioural difficulties

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Part III — School admissions

Chapter I — County and voluntary schools

Partially-selective schools

Restriction of right to refuse admission to partially-selective school

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Children permanently excluded from two or more schools

No requirement to admit children permanently excluded from two or more schools

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Appeals in the case of children permanently excluded from two or more schools

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Home-school partnership documents

Home-school partnership documents

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Chapter II — Grant-maintained schools

Corresponding provisions about admissions to grant-maintained schools

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Part IV — Baseline assessments and pupils’ performance

Chapter I — Baseline assessments

Introductory

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Adoption of baseline assessment schemes

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Assessment of pupils in accordance with scheme

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Regulations for purposes of this Chapter

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Chapter II — Pupils’ performance

School performance targets

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• (1) The Welsh Ministers may by regulations make such provision as the Welsh Ministers consider appropriate for requiring the governing bodies of maintained schools in Wales to secure that annual targets are set in respect of the performance of pupils—

• (a) in public examinations or in assessments for the purposes of the National Curriculum required by virtue of regulations made under Part 4 of the Curriculum and Assessment (Wales) Act 2021, in the case of pupils of compulsory school age; or

• (b) in public examinations or in connection with the attainment of other external qualifications, in the case of pupils of any age over that age.

• (2) Regulations under this section may require—

• (a) such targets, and

• (b) the past performance of pupils in the particular examinations or assessments, or in connection with the attainment of the particular qualifications, to which such targets relate,

to be published in such manner as is specified in the regulations.

• (3) In this section “maintained school” means—

• (a) a community, foundation or voluntary school, or

• (b) a community or foundation special school (other than one established in a hospital).

Provision of information about individual pupils' performance

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After section 537 of the Education Act 1996 there shall be inserted—

(537A) (1) The Secretary of State may by regulations make provision requiring— (a) the governing body of every school which is— (i) maintained by a local authority, or (ii) a grant-maintained school, or (iii) a special school which is not maintained by a local authority, and (b) the proprietor of each independent school, to provide to the Secretary of State such individual performance information relating to pupils or former pupils at the school as may be prescribed. (2) In this section “individual performance information” means information about the performance of individual pupils (identified in the prescribed manner)— (a) in any assessment made for the purposes of the National Curriculum or in accordance with a baseline assessment scheme (within the meaning of Chapter I of Part IV of the Education Act 1997); (b) in any prescribed public examination; (c) in connection with the attainment of any vocational qualification; or (d) in any such other assessment or examination, or in connection with the attainment of any such other qualification, as may be prescribed. (3) The Secretary of State may provide any information received by him by virtue of subsection (1)— (a) to any prescribed body or person, or (b) to any body or person falling within a prescribed category. (4) Any body or person holding any individual performance information may provide that information to any body to which this subsection applies; and any body to which this subsection applies— (a) may provide any information received by it under this subsection— (i) to the Secretary of State, or (ii) to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and (b) may, at such times as the Secretary of State may determine, provide to any prescribed body such information received by it under this subsection as may be prescribed. (5) Subsection (4) applies to any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to the performance of pupils— (a) in any assessment or examination falling within subsection (2)(a), (b) or (d), or (b) in connection with the attainment of any qualification falling within subsection (2)(c) or (d). (6) No individual performance information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates. (7) References in this section to the attainment of a qualification of any description include references to the completion of any module or part of a course leading to any such qualification.

Part V — Supervision of curriculum for schools and external qualifications

Chapter I — The Qualifications and Curriculum Authority

Establishment of the Authority

The Qualifications and Curriculum Authority

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Functions of the Authority

General function of Authority to advance education and training

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Functions of the Authority in relation to curriculum and assessment

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Functions of the Authority in relation to external vocational and academic qualifications

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Other functions of the Authority

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Supplementary provisions relating to discharge by Authority of their functions

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Chapter II — Functions of the National Assembly for Wales

...

The Qualifications, Curriculum and Assessment Authority for Wales

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Functions of the National Assembly for Wales

General function of Authority to advance education and training

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• (1) The functions conferred on the National Assembly for Wales by this Part shall be exercised by the National Assembly for Wales for the purpose of advancing education and training in Wales.

• (2) The National Assembly for Wales shall exercise its functions under this Part with a view to promoting quality and coherence in education and training in relation to which it has functions under this Part.

Functions of the Authority in relation to curriculum and assessment

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• (1) The National Assembly for Wales shall have the functions set out in subsection (2) with respect to—

• (a) pupils at maintained schools in Wales who have not ceased to be of compulsory school age,

• (b) pupils at maintained nursery schools in Wales, and

• (c) children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school.

• (2) The functions are—

• (a) to keep under review all aspects of the curriculum for maintained schools or maintained nursery schools and all aspects of school examinations and assessment;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;

• (e) to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; ...

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided as mentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education.

• (3) The Authority shall have, in relation to Wales, the function of developing learning goals and related materials for children who are under compulsory school age.

• (4) The Authority shall have, in relation to Wales, the following functions in connection with baseline assessment schemes (within the meaning of Chapter I of Part IV), namely—

• (a) if designated by the Secretary of State for the purpose, any function of a designated body under that Chapter; and

• (b) any other function which may be conferred on the Authority by the Secretary of State.

• (5) In this section—

• “assessment” includes examination and test;

• “funded nursery education” has the meaning given by section 98 of the Education Act 2002;

• “maintained school” means—any community, foundation or voluntary school, andany community ... special school.

• (6) In the definition of “maintained school”, the reference to a community, foundation or voluntary school or to a community ... special school, is a reference to such a school within the meaning of the School Standards and Framework Act 1998.

• (7) In this section references to ”school examinations and assessment” do not include examinations taken or assessments carried out for the purpose of the award of a qualification within the meaning of section 56 of the Qualifications Wales Act 2015.

Functions of the Authority in relation to external vocational and academic qualifications

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Other functions of the Authority

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Supplementary provisions relating to discharge by Authority of their functions

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• (1) In carrying out its functions under this Part the National Assembly for Wales shall—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) so far as relevant, have regard to—

• (i) the requirements of section 99 of the Education Act 2002 (general duties in respect of curriculum),

• (ii) the reasonable requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

• (iii) the reasonable requirements of persons with learning difficulties.

• (2) In carrying out those functions the National Assembly for Wales shall in addition have regard to information supplied to it by Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru or by any body designated by the Secretary of State for the purposes of this section.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In this section “persons with learning difficulties” means—

• (a) children with additional learning needs (as defined in section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018), and

• (b) other persons who—

• (i) have a significantly greater difficulty in learning than the majority of persons of their age, or

• (ii) have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.

• (7) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

Chapter III — Provisions supplementary to Chapters I and II

Dissolution of existing bodies

Dissolution of existing bodies

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Transfer of property and staff

Transfer of property

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Transfer of staff

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Levy on bodies awarding accredited qualifications

Levy on bodies awarding qualifications accredited by relevant Authority

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Chapter IV — Control of certain courses leading to external qualifications

Requirement for approval of certain publicly-funded and school courses leading to external qualifications

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Part VI — Inspection of local authorities and school inspections

Chapter I — Inspection of local authorities

Inspection of LEAs

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• (1) The Chief Inspector—

• (a) may, and

• (b) if requested to do so by the Secretary of State, shall,

arrange for any local authority to be inspected under this section.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) An inspection of a local authority in Wales under this section shall consist of a review of the way in which the authority are performing—

• (a) any education function of theirs;

• (b) the functions conferred on them under section 25 of the Children Act 2004 so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000).

• (3) A request by the Secretary of State under this section may relate to one or more local authorities, and shall specify both—

• (a) the local authority or authorities concerned, and

• (b) the functions of theirs to which the inspection is to relate.

• (4) Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).

• (5) Any inspection under this section shall be conducted—

• (a) by one of Her Majesty’s Inspectors of Schools in ... Wales, or

• (b) by any additional inspector authorised under ... paragraph 2 of Schedule 2 to the Education Act 2005;

but he may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.

• (6) For the purposes of this section a local authority shall provide the Chief Inspector with such information as may be prescribed, and shall do so in such form and—

• (a) within such period following a request made by the Chief Inspector in any prescribed circumstances, or

• (b) at such other times,

as regulations may provide.

• (7) In this section and sections 39 to 41A “the Chief Inspector” means—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in relation to a local authority in Wales, Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru;

and in those sections references to “the inspector” in relation to an inspection under this section are references to the person conducting the inspection.

Reports of inspections under s. 38 and action plan by LEA

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• (1) Where an inspection under section 38 has been completed, the inspector shall make a written report on the matters reviewed in the course of the inspection, and shall send copies of the report to—

• (a) any local authority to which the inspection relates; and

• (b) the Secretary of State.

• (2) Where a local authority receive a copy of a report under this section, they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

• (3) The authority shall publish—

• (a) the report, and

• (b) the statement prepared under subsection (2),

within such period, and in such manner, as may be prescribed.

• (4) The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate; and ... section 29(2) to (4) of the Education Act 2005 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in ... section 29(2).