Common use of Where the Academy Clause in Contracts

Where the Academy. Trust has consented to the Academy being named in a child's statement of SEN, or the Secretary of State or the First-tier Tribunal (Special Educational Needs and Disability) have determined that it should be named, the Academy Trust shall admit the child to the Academy notwithstanding any provision of Annex B to this agreement. 1. Subject to the exceptions in paragraph 4, the Academy Trust shall act and shall ensure that the Principal shall act in accordance with the law on exclusions as if the Academy were a maintained school. For this purpose, reference in the law on exclusions to the Head Teacher and Governing Body shall respectively be deemed to be the Principal and Governing Body of the Academy Trust. 2. Without limiting the generality of paragraph 1, the Academy Trust shall ensure that the Local Authority is informed of an exclusion decision in the same circumstances as required by maintained schools under the law on exclusions. 3. Subject to the exceptions in paragraph 4, the Academy Trust shall ensure that in carrying out their functions the Principal, the Governing Body and the Independent Appeal Panel (established in accordance with paragraph 5) have regard to the Secretary of State's guidance on exclusions1. as if the Academy were a maintained school. 4. The exceptions to the duties imposed under paragraphs 1 and 3 are: • the Academy Trust, and not the Local Authority, is responsible for making arrangements for Independent Appeal Panels to hear appeals against permanent exclusions where the governors do not direct reinstatement; • the Governing Body is not expected to seek the advice of a Local Authority officer when considering an exclusion, although a Local Authority officer may attend any meeting to consider an exclusion at the request of a parent; and • subject to the Academy Trust's obligations under clause 52 of this Agreement relating to an agreement with the LA on the flow of funds following an exclusion , the arrangements for money to follow pupils who have been permanently excluded from school does not apply. References in this annex to the Secretary of State's guidance are to "Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units", which is published on the DFE website at: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/wholeschool/behaviour/exclusion/guidance/. The guidance may be subject to amendment, and the Academy is required to have regard to the guidance as it stands at any given time.

Where the Academy. Trust has consented to the Academy being named in a child's statement of SEN, or the Secretary of State or the First-tier Tribunal (Special Educational Needs and Disability) have determined that it should be named, the Academy Trust shall admit the child to the Academy notwithstanding any provision of Annex B to this agreement.. END OF ANNEX C 685539 ANNEX D - Serious incidents of misbehaviour leading to fixed period or permanent exclusion at the Havant Academy 1. Subject to the exceptions in paragraph 4, the Academy Trust shall act and shall ensure that the Principal shall act in accordance with the law on exclusions as if the Academy were a maintained school. For this purpose, reference in the law on exclusions to the Head Teacher and Governing Body shall respectively be deemed to be the Principal and Governing Body of the Academy Trust. 2. Without limiting the generality of paragraph 1, the Academy Trust shall ensure that the Local Authority is informed of an exclusion decision in the same circumstances as required by maintained schools under the law on exclusions. 3. Subject to the exceptions in paragraph 4, the Academy Trust shall ensure that in carrying out their functions the Principal, the Governing Body and the Independent Appeal Panel (established in accordance with paragraph 5) have regard to the Secretary of State's guidance on exclusions1. exclusions2, as if the Academy were a maintained school. 4. The exceptions to the duties imposed under paragraphs 1 and 3 are: • « the Academy Trust, and not the Local Authority, is responsible for making arrangements for Independent Appeal Panels to hear appeals against permanent exclusions where the governors do not direct reinstatement; • « the Governing Body is not expected to seek the advice of a Local Authority officer when considering an exclusion, although a Local Authority officer may attend any meeting to consider an exclusion at the request of a parent; and • subject to the Academy Trust's obligations under clause 52 of this Agreement relating to an agreement with the LA on the flow of funds following an exclusion , the arrangements for money to follow pupils who have been permanently excluded from school does not apply. References in this annex to the Secretary of State's guidance are to "Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units", which is published on the DFE website at: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/wholeschool/behaviour/exclusion/guidance/. The guidance may be subject to amendment, and the Academy is required to have regard to the guidance as it stands at any given time.