| Delegated Authority for Disciplinary Committee |
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Sub Area: Delegated Authority for Disciplinary Committee PolicyThis Policy is intended to cover the delegation of the Board’s responsibilities under sections 15 and 17 of the Education Act 1989. 1. Section 15 of the Education Act 1989 sets out the Board’s responsibilities for dealing with the suspension and exclusion of students under the age of 16. 2. Section 17 deals with the suspension and expulsion of students 16 and over. 3. The Board has delegated its powers under sections 15 and 17 to a committee made up of three members of the Board of Trustees (the Disciplinary Committee), excluding the Principal, but including the Staff Trustee. 4. The Quorum of the Disciplinary Committee shall be three members. 5. Where a member of the Disciplinary Committee is unavailable, indisposed or has a conflict of interest in relation to a matter coming before the Disciplinary Committee, the Chairman of the Board is authorised to appoint an additional, substitute or temporary member of the committee. 6. The Disciplinary Committee has the authority to discharge the powers and fulfill the obligations of the Board under sections 15, and to the extent it applies, 17 of the Act, and its decisions shall be final. IMPLEMENTATION OF POLICY The Disciplinary Committee, consituted in March 2010, comprises: Rosemary Barraclough (Convenor) Mathew Bolland Robyn Norwell The Disciplinary Committee shall review, adopt and maintain such procedures as are necessary to comply with the Board’s obigations under sections 15 & 17, (also complying at all times with the requirements of natural justice) and may call upon legal and other professional assistance it may require from time to time. Section 15 of the Education Act 1989 15 Board's powers when suspended student younger than 16 (1) If a student younger than 16 has been suspended from a state school, the school's Board may— (a) Lift the suspension at any time before it expires, either unconditionally or subject to any reasonable conditions the Board wants to make: (b) Extend the suspension conditionally for a reasonable period determined by the Board when extending the suspension, in which case subsection (2) applies: (c) If the circumstances of the case justify the most serious response, exclude the student from the school by extending the suspension and requiring the student to be enrolled at another school. (2) If the Board extends a suspension conditionally, the Board must impose reasonable conditions aimed at facilitating the return of the student to school and must take appropriate steps to facilitate the return of the student to school. (3) If a student fails to comply with any condition imposed under this section in respect of the lifting or extension of his or her suspension, the principal may request the Board to reconsider the action it took under this section in that case and the Board may confirm or reverse its earlier decisions or may modify its earlier decisions by taking any action specified in any of paragraphs (a) to (c) of subsection (1). (4) If the Board has not sooner lifted or extended it or excluded the student under subsection (1)(c), the suspension of a student younger than 16 ceases to have effect— (a) At the close of the 7th school day after the day of the suspension; or (b) If the suspension occurs within 7 school days before the end of a term, at the close of the 10th calendar day after the day of the suspension. (5) If the Board of a state school excludes the student under subsection (1)(c), the principal must try to arrange for the student to attend another school (which school is a suitable school that the student can reasonably conveniently attend). (6) If the principal is unable, by the 10th school day after the day of the Board's decision to exclude a student, to arrange for the student to attend another school, the principal must tell the Secretary what steps the principal took in trying to do so.] Review process - Principal/Disciplinary Committee - 2012 Approved by Board of Trustees at its meeting on 9th August 2010 Chairperson |
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