Appendix 2.9 Annex A

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PART 2 - APPENDIX 2.9 ANNEX A - Excepted Pupils

SCHEDULE

Regulation 4

EXCEPTED PUPILS

1. In this Schedule:

‘child’ means a child who is a pupil in any lower primary class; and

‘the school’ means the school of which that class forms part.

2. This paragraph applies at any time during the first school year to any recorded child who is placed, outside a normal placing round, in the school nominated in his Record of Needs.

3. This paragraph applies, at any time during the first school year, to a child placed in the school outside a normal placing round who-

(a) was initially refused a place at the school owing to a failure properly to implement the education authority's placing arrangements applicable to the school;

b) was subsequently offered a place there by virtue of a decision made by the education authority that there had been such a failure in relation to the child.

4. This paragraph applies at any time during the first school year to a child placed in the school outside a normal placing round by virtue of a decision of an appeal committee under section 28E of the 1980 Act or of the sheriff under section 28F of that Act.

5. (1) This paragraph applies at any time during the first school year to a child placed in the school outside a normal placing round-

a) in relation to whom that school is the only school (apart from any school at which he/she has been refused a place or from which he/she has been permanently excluded) which;

(i) is within a reasonable distance from his/her home, and

(ii) provides suitable education; and

(b) who did not, at the relevant date, ordinarily reside at a place which was within a reasonable distance from that school.

(2) In sub-paragraph (1)(b) ‘the relevant date’ means the date referred to in regulation 2(2).

6. This paragraph applies to a child-

(a) who is a pupil at a special school; and

(b) who, by arrangement with another school which is not a special school, receives part of his/her education at the other school;

at any time when he/she is in a lower primary class at the other school.

7. (1) In this paragraph, ‘designated pupil’ means a pupil with special educational needs who -

(a) is a pupil at a school which is not a special school; and

(b) is normally educated in a unit which-

(i) forms part of that school; and

(ii)is specially organised to provide education for pupils with special educational needs.

(2) This paragraph applies to a child who is a designated pupil at any time when he/she is in a lower primary class which does not form part of the unit referred to in sub-paragraph (1)(b).

(3) Where this paragraph applies to a child, regulation 4(1) shall have effect in relation to that child as if after ‘in another lower primary class at that school’ there were inserted ‘(other than a class which comprises or forms part of a unit referred to in paragraph 7(1)(b) of the Schedule)’.

8. Paragraphs 3 to 5 do not apply to a recorded child.

EXPLANATORY NOTE FROM THE EDUCATION(LOWER PRIMARY CLASS SIZES) (SCOTLAND) AMENDMENT REGULATIONS 2010

(This note is not part of the Regulations)

These Regulations amend the Education (Lower Primary Class Sizes) (Scotland) Regulations 1999 (S.I. 1999/1080) (“the principal Regulations”). Regulation 2 of these Regulations amends regulation 3 of the principal Regulations to make the class size maximum for primary 1 classes 25 pupils, subject to the limited provision for excepted pupils made by regulation 4 of the principal Regulations. The new class size maximum for primary 1 applies to the 2011/12 school year and each subsequent school year thereafter.

EXPLANATORY NOTE FROM THE EDUCATION (LOWER PRIMARY CLASS SIZES) (SCOTLAND) REGULATIONS 1999

(This note is not part of the Regulations)

These Regulations impose a limit on class sizes for Primary 1, 2 and 3 classes at schools managed by education authorities in Scotland.

The limit imposed is a maximum of 30 pupils in a class at any time while an ordinary teaching session is conducted by a single qualified teacher (or, where the session is conducted by more than one qualified teacher, a maximum of 30 pupils for every teacher). It will take effect as from 1st August 1999 for Primary 1 classes; from 1st August 2000 for Primary 2 classes and from 1st August 2001 for Primary 3 classes (regulation 3).

However, where certain types of children (‘excepted pupils’) cannot be provided with education at the school in another class in which the limit is not exceeded, without measures being taken which would prejudice efficient education or the efficient use of resources, those children are not to be counted for the purposes of ascertaining whether or not the limit of 30 is exceeded (regulation 4 and the Schedule). Excepted pupils are-

(a) children whose record of special educational needs specify that they should be educated at the school concerned, and who are placed in the school outside a normal placing round;

(b) children initially refused a place at a school, but subsequently on appeal offered a place outside a normal placing round or because the education authority recognise that an error was made in implementing their placing arrangements for the school;

(c) children who cannot gain a place at any other suitable school within a reasonable distance of their home because they move into the area outside a normal placing round;

(d) children who are pupils at special schools, but who receive part of their education at a mainstream school; and

(e) children with special educational needs who are normally educated in a special unit in a mainstream school, but who receive part of their lessons in a non-special class.

Children in categories (a) to (c) will be treated as excepted pupils only during the school year in which they are first placed in the school. Children in category (d) or (e) will be treated as excepted pupils only when they are in a Primary 1, 2 or 3 class at the mainstream school or outside the special unit (as the case may be).

For the purposes of these exceptions, a child is placed in a school (whether by placing request or otherwise) outside the normal placing arrangements if the decision to place him/her at the school is taken after 30th April in the year in which he/she is to start attending the school.

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Appendix 2.9 Annex A

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 '''PART 2 - APPENDIX 2.9  ANNEX A - Excepted Pupils'''
 '''SCHEDULE'''
 '''Regulation 4'''
 '''EXCEPTED PUPILS'''
-. 	In this Schedule:
-‘child’ means a child who is a pupil in any lower primary class; and
-‘the school’ means the school of which that class forms part.
+. In this Schedule:
-.	This paragraph applies at any time during the first school year to any recorded child who is placed, outside a normal placing round, in the school nominated in his Record of Needs.
-.	This paragraph applies, at any time during the first school year, to a child placed in the school outside a normal placing round who-
+:‘child’ means a child who is a pupil in any lower primary class; and
-(a)	was initially refused a place at the school owing to a failure properly to implement the education authority's placing arrangements applicable to the school;
+:‘the school’ means the school of which that class forms part.
-(b)	was subsequently offered a place there by virtue of a decision made by the education authority that there had been such a failure in relation to the child.
-.	This paragraph applies at any time during the first school year to a child placed in the school outside a normal placing round by virtue of a decision of an appeal committee under section 28E of the 1980 Act or of the sheriff under section 28F of that Act .
-.	(1) This paragraph applies at any time during the first school year to a child placed in the school outside a normal placing round-
+. This paragraph applies at any time during the first school year to any recorded child who is placed, outside a normal placing round, in the school nominated in his Record of Needs.
-(a) 	in relation to whom that school is the only school (apart from any school at which he/she has been refused a place or from which he/she has been permanently excluded) which;
-(i)	is within a reasonable distance from his/her home, and
-(ii)	provides suitable education; and
+. This paragraph applies, at any time during the first school year, to a child placed in the school outside a normal placing round who-
-(b) 	who did not, at the relevant date, ordinarily reside at a place which was within a reasonable distance from that school.
+:(a) was initially refused a place at the school owing to a failure properly to implement the education authority's placing arrangements applicable to the school;
+:b) was subsequently offered a place there by virtue of a decision made by the education authority that there had been such a failure in relation to the child.
+. This paragraph applies at any time during the first school year to a child placed in the school outside a normal placing round by virtue of a decision of an appeal committee under section 28E of the 1980 Act or of the sheriff under section 28F of that Act.
+. (1) This paragraph applies at any time during the first school year to a child placed in the school outside a normal placing round-
+:a)  in relation to whom that school is the only school (apart from any school at which he/she has been refused a place or from which he/she has been permanently excluded) which;
+::(i)  is within a reasonable distance from his/her home, and
+::(ii) provides suitable education; and
+:(b)  who did not, at the relevant date, ordinarily reside at a place which was within a reasonable distance from that school.
 (2) In sub-paragraph (1)(b) ‘the relevant date’ means the date referred to in regulation 2(2).
-.	This paragraph applies to a child-
-(a)	who is a pupil at a special school; and
-(b)	who, by arrangement with another school which is not a special school, receives part of his/her education at the other school;
+. This paragraph applies to a child-
+:(a)	who is a pupil at a special school; and
+:(b)	who, by arrangement with another school which is not a special school, receives part of his/her education at the other school;
 at any time when he/she is in a lower primary class at the other school.
-.	(1) In this paragraph, ‘designated pupil’ means a pupil with special educational needs who -
-(a) 	is a pupil at a school which is not a special school; and
+. (1) In this paragraph, ‘designated pupil’ means a pupil with special educational needs who -
+:(a) is a pupil at a school which is not a special school; and
+:(b) is normally educated in a unit which-
+::(i) forms part of that school; and
+::(ii)is specially organised to provide education for pupils with special educational needs.
-(b) 	is normally educated in a unit which-
-(i)	forms part of that school; and
-(ii)	is specially organised to provide education for pupils with special educational needs.
 (2) This paragraph applies to a child who is a designated pupil at any time when he/she is in a lower primary class which does not form part of the unit referred to in sub-paragraph (1)(b).
 (3) Where this paragraph applies to a child, regulation 4(1) shall have effect in relation to that child as if after ‘in another lower primary class at that school’ there were inserted ‘(other than a class which comprises or forms part of a unit referred to in paragraph 7(1)(b) of the Schedule)’.
-. 	Paragraphs 3 to 5 do not apply to a recorded child.
+.  Paragraphs 3 to 5 do not apply to a recorded child.
-EXPLANATORY NOTE
-(This note is not part of the Regulations)
+'''EXPLANATORY NOTE FROM THE EDUCATION(LOWER PRIMARY CLASS SIZES) (SCOTLAND) AMENDMENT REGULATIONS 2010'''
+''(This note is not part of the Regulations)''
+These Regulations amend the Education (Lower Primary Class Sizes) (Scotland) Regulations 1999 (S.I. 1999/1080) (“the principal Regulations”).
+Regulation 2 of these Regulations amends regulation 3 of the principal Regulations to make the class size maximum for primary 1 classes 25 pupils, subject to the limited provision for excepted pupils made by regulation 4 of the principal Regulations. The new class size maximum for primary 1 applies to the 2011/12 school year and each subsequent school year thereafter.
+'''EXPLANATORY NOTE FROM THE EDUCATION (LOWER PRIMARY CLASS SIZES) (SCOTLAND) REGULATIONS 1999'''
+''(This note is not part of the Regulations)''
 These Regulations impose a limit on class sizes for Primary 1, 2 and 3 classes at schools managed by education authorities in Scotland.
 The limit imposed is a maximum of 30 pupils in a class at any time while an ordinary teaching session is conducted by a single qualified teacher (or, where the session is conducted by more than one qualified teacher, a maximum of 30 pupils for every teacher). It will take effect as from 1st August 1999 for Primary 1 classes; from 1st August 2000 for Primary 2 classes and from 1st August 2001 for Primary 3 classes (regulation 3).
 However, where certain types of children (‘excepted pupils’) cannot be provided with education at the school in another class in which the limit is not exceeded, without measures being taken which would prejudice efficient education or the efficient use of resources, those children are not to be counted for the purposes of ascertaining whether or not the limit of 30 is exceeded (regulation 4 and the Schedule). Excepted pupils are-
-(a)	children whose record of special educational needs specify that they should be educated at the school concerned, and who are placed in the school outside a normal placing round;
-(b)	children initially refused a place at a school, but subsequently on appeal offered a place outside a normal placing round or because the education authority recognise that an error was made in implementing their placing arrangements for the school;
-(c)	children who cannot gain a place at any other suitable school within a reasonable distance of their home because they move into the area outside a normal placing round;
+:(a)	children whose record of special educational needs specify that they should be educated at the school concerned, and who are placed in the school outside a normal placing round;
-(d)	children who are pupils at special schools, but who receive part of their education at a mainstream school; and
-(e) 	children with special educational needs who are normally educated in a special unit in a mainstream school, but who receive part of their lessons in a non-special class.
+:(b)	children initially refused a place at a school, but subsequently on appeal offered a place outside a normal placing round or because the education authority recognise that an error was made in implementing their placing arrangements for the school;
+:(c)	children who cannot gain a place at any other suitable school within a reasonable distance of their home because they move into the area outside a normal placing round;
+:(d)	children who are pupils at special schools, but who receive part of their education at a mainstream school; and
+:(e) 	children with special educational needs who are normally educated in a special unit in a mainstream school, but who receive part of their lessons in a non-special class.
 Children in categories (a) to (c) will be treated as excepted pupils only during the school year in which they are first placed in the school. Children in category (d) or (e) will be treated as excepted pupils only when they are in a Primary 1, 2 or 3 class at the mainstream school or outside the special unit (as the case may be).
 For the purposes of these exceptions, a child is placed in a school (whether by placing request or otherwise) outside the normal placing arrangements if the decision to place him/her at the school is taken after 30th April in the year in which he/she is to start attending the school.