Information on exclusions please

[Viper]

Hi.

I need to be able to qoute the rules of exclusion at an upcoming meeting. What I specifically need to find is:- Where it says an exclusion is, any time the school sends a child home for what ever reason ie, as in my sons case because he is unable to use the toilet. The school are calling it education off site but this is not legal and I need the documents to prove it.

 

If anyone can help I would be eternally in your debt, but don't quote me on it

 

Thanks Viper.

[Helen]

Viper,

 

I don't know if this is the information that you are looking for, it mentions Fixed Period Exclusion and Permanent Exclusion. Scroll 1/2 way down the page, for downloadable publications:

 

http://www.ace-ed.org.uk/publications.html

[Helen]

ACE has an Exclusion helpline:

 

Exclusions Information Line (24hrs): 020 7704 9822

[phasmid]

Hi Viper,

 

need to know what sort of school:

 

Voluntary aided;Community;Foundation or volantary controlled. They each have a different set of governanace covering them. Will them be able to tighten the answer with specifics.

[Viper]

Hi Phas,

It's a controlled school.

 

We'er getting there, all the info is gathering pace now, just a bit of tweaking and we've got them. Still no contact from the EWO but I have had a chat with the school nurse who is visiting me on Monday morning. Got all the DRC literature today.

 

Viper.

[phasmid]

Dont know how well this lot will paste onto here but here goes!

 

The following is taken from here:

 

http://www.governornet.co.uk/publishArticl...ring=exclusions

 

Pupil Exclusion - Overview

When is it appropriate to exclude a pupil from school? What are the procedures for dealing with appeals? How does a head teacher communicate effectively with parents in such difficult circumstances? In all cases there are many issues to consider, and the need for an established framework is apparent. This article provides an overview of the process of exclusion and access to key resources.

Responsibility

Only the headteacher (or acting headteacher) has the power to exclude a pupil from school. He or she may not delegate that power to someone else. The headteacher may exclude a pupil for one or more fixed periods of not exceeding 45 school days in any one school year. He or she may also exclude a pupil permanently and may also convert a fixed period exclusion into a permanent exclusion if he or she decides circumstances warrant this.

The governing body (or their discipline committee where one is in place) have no power to exclude a pupil, nor make a headteacher's original exclusion more severe.

Roles and Actions

The headteacher must:

? inform the pupil's parent of a period of exclusion, or that an exclusion is permanent

? give reasons for the exclusion

? advise the parent that he or she may make representations about the exclusion to the governing body

? advise the parent how his or her representations may be made

? under certain circumstances (see guide to the law chapter 12) notify both the LEA and the governing body of the details of the exclusion

The governing body's role essentially is one of reviewing, as the need arises, the headteacher's exclusion decisions. The governing body are advised to establish a discipline committee of three or five members and appoint a clerk to the committee. The headteacher may not be a member. Where the headteacher is required to notify the governing body of an exclusion, the governing body or committee must meet to:

? consider the circumstances in which the pupil was excluded

? consider any representations about the exclusion made by the parent and by the LEA

? consider whether the pupil should be reinstated immediately, reinstated by a particular date or not reinstated

There are time limits for consideration of exclusions - see Chapter 12 of the Guide to the Law for details.

If the governing body upholds the exclusion, the parent may appeal to an appeal panel established by the LEA.

The Law

The Education (Pupil Exclusions and Appeals)(Maintained Schools)(England) Regulations 2002 (SI 2002/3178) are the main regulations applying to exclusions. These can be read by following the hyperlink in Further Reading below.

The Education (Pupil Exclusions)(Miscellaneous Amendments)(England) Regulations 2004 (SI 2004/402) makes some minor amendments to the above exclusions regulations. These can be viewed through the appropriate link in the Web Links box below.

 

Web links:

Education (Pupil Exclusions)(Miscellaneous Amendments)(England) Regu...

Improving behaviour and attendance: guidance on exclusion from schoo...

Working together on exclusions: a discussion paper on the prevention...

 

Note: these links don't work from here, but they do on the original page. But, see below for follow up from the bottom link.

 

Background:

Exclusions Guidance 2004: Getting it Right - a Training Pack for Clerks and Chairs of Governors

GttL 2004 - Chapter 12 - Discipline and attendance (Link to Chapter 12 of Governors Guide to the Law for all types of school)

SCHOOL PROFILE Consultation - Launched 26/03/04 (Ref: DfES/0335/2004)

 

Further reading:

Education (Pupil Exclusions and Appeals)(Maintained Schools)(England) Regulations 2002 (SI 2002/3178) (amended 22/3/04 by SI 2004/402)

Exclusion Data

Unofficial or informal exclusion - how to address the problem.

Effective date: 20 January 2003

Posted date: 18 March 2003

 

 

The following are from the bottom link:

http://www.governornet.co.uk/cropArticle.c...17&mode=further

 

Unofficial or informal exclusion - how to address the problem.

What is the issue?Unofficial or informal exclusion refers to teachers sending pupils home for disciplinary reasons, but not following the procedures required for formal exclusion. This practice is illegal. The pupil may be marked as an authorised absence, or in some cases marked as attending, and eventually taken off the school roll, although not having another school place.Why does it happen?Unofficial exclusions take place for a variety of reasons. In some cases teachers may see this as a way of managing pupils who are disruptive or difficult and in the heat of the moment may decide that sending the child home to ?cool off? is an acceptable course of action. In other cases pupils may be sent home after a reasoned discussion with their parents, where unofficial exclusion is proposed as the ?best? course of action to prevent the pupil from having permanent exclusion on their school record. In addition, since the Department of Education and Skills (DfES) collects data on the numbers of school exclusions, teachers could be tempted not to formally exclude in order to avoid the scrutiny that accompanies the process, and to reduce the number of incidents.

 

 

 

 

http://www.teachernet.gov.uk/wholeschool/b...60-02b7ff5bf5ed

 

Has this:

 

Part 1: the decision to exclude

14. Disabled pupils

14.1 Schools have a legal duty under the Disability Discrimination Act 1995 not to discriminate against disabled pupils by excluding them from school because of their disability. This applies to permanent and fixed-term exclusions. The definition of disability under the Act covers pupils with physical, sensory, intellectual or mental impairments. Discrimination means treating disabled pupils less favourably than other pupils without justification. It also means failing to take reasonable steps to ensure that disabled pupils are not placed at a substantial disadvantage compared to their non-disabled peers. What constitutes a reasonable step will depend on the circumstances of each case. The Disability Rights Commission has published a code of practice which explains and illustrates the schools duties to disabled pupils, including in relation to exclusions. Schools and those involved in exclusion decisions or appeals are strongly recommended to read the code of practice, which is available on the Disability Rights Commission website.

 

Followed DRC link to this page. Full of case studies and guidance:

 

http://www.drc-gb.org/publicationsandrepor...ect=0&section=0

[phasmid]

Chapter 12 for VC schools is here:

 

http://www.governornet.co.uk/publishArticl...rtOrder=c.title

 

Lots on here but the relevant bits are easy to find...too much to copy and paste.

[Viper]

Wow Phas, how do you do it? Ihave been on this damned thing all day and my eyes are like p*ss holes in the snow. I am in awe of your knowledge and ability.

 

Thanks, I don't know what I would do without you <'>

 

Viper.

[nellie]

Viper,

 

Good luck with that meeting, go get 'em!!

 

Nellie xx

[call me jaded]

We had this come as an attachment on one of our governors newsletters

 

GOOD PRACTICE FOR LEAS AND SCHOOLS IN MANAGING AND REDUCING INCIDENTS OF UNOFFICIAL EXCLUSION

 

Unofficial or informal exclusion refers to:

? teachers sending pupils home for disciplinary reasons, but not following the procedures required for formal exclusion and;

? pupils being sent home for either short periods of time, or for longer indefinite periods which can result in the pupil not returning to school at all.

These pupils may be marked as an authorised absence, or in some cases marked as attending, and eventually taken off the school roll, although not having another school place. 

Where critical situations have erupted during the school day, head teachers may have sent pupils home to ?cool off? for the remainder of the day, but not taken formal exclusions action, viewing this as a suitable way to manage the pupil?s behaviour in the short term and as preferable to formal exclusion. However, our view is that this also constitutes unofficial exclusion and there is no legal basis for it. 

In addition other mechanisms have been inappropriately used by schools as a means of ?unofficially excluding? pupils. For example: 

? following a fixed period exclusion, a pupil remains out of school awaiting a reintegration interview which may be indefinitely delayed, and pupil does not return to school;

? parents strongly encouraged to home educate even though they may not be aware of the responsibilities involved; and

? pupils placed on study leave for periods of time longer than recommended in guidance.

 

http://dfes.gov.uk/exclusions/uploads/Web-...0Exclusions.doc

[phasmid]

Mrs P will look out her exclusion guidance in the morning. In the meantime she says the following applies.

 

The 'term' the school are trying to avoid is 'Education otherwise' which is educating elswehere than the school. This is NOT the case for Ben. Put in writing to them that he IS NOT being 'Educated off-site', this term has no legal standing that Mrs P is aware of.

[annie]

Hi Viper,

 

Hope you get everything sorted out for Ben at the meeting.

 

It's all so wrong

 

Good Luck,

 

Annie

<'> <'>

[Kazzen161]

I agree, put it in writing that he is not being educated when he is at home, and that you have no intention of doing so. They are trying to present this as an agreement for co-schooling - not a refusal to meet his needs.

 

http://www.dfes.gov.uk/behaviourandattenda...ntroduction.cfm

 

I don't know if this is any good to you - it is from when R was being threatened with exclusion.

 

Karen

[CarerQuie]

Can all of this info go in a bold section at the top?With the move to educate more ASD children in mainstream,this could become an issue for many parents or carers in the future.xx

Edited September 24, 2005 by CarerQuie