Explanatory note
England and Wales
(This note is not part of the Order)
These Regulations impose, for the purpose of section 1 of the School Standards and Framework Act 1998, a limit on class sizes for infant classes at maintained schools in Wales. They revoke and replace the Education (Infant Class Sizes) (Wales) Regulations 1998 and the Education (Infant Class Sizes) (Wales) (Amendment) Regulations 2009 (regulation 3), adding new categories to the excepted pupils and changing the circumstances in which pupils cease to be excepted.
The limit imposed is the maximum of 30 pupils in an infant class at anytime while an ordinary teaching session is conducted by a single school teacher (or, where the session is conducted by more than one school teacher, a maximum of 30 pupils for every teacher) (regulation 4).
However, where certain types of children ("excepted pupils") cannot be provided with education at the school in an infant class in which the limit is not exceeded without a relevant measure 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 pupils is exceeded (regulation 5 in the Schedule).
Excepted pupils are—
children whose statements of special educational needs specify that they should be educated at the school concerned and who were admitted to the school outside the normal admission round;
children who are looked after by local authorities, or who have ceased to be looked after ("previously looked after children") as a result of being adopted or being placed with a family or given a special guardian and are admitted to the school outside a normal admission round;
children initially refused admission to a school but subsequently offered a place outside a normal admission round by direction of an Admission Appeal Panel, or because the person responsible for making the original decision recognises that an error was made in implementing the school's admission arrangements;
children who the maintaining local authority confirmed cannot gain a place at any other suitable school within a reasonable distance of their home because they have moved into the area outside the normal admission round, or they desire a religious education, or a Welsh speaking education and the school in question is the only suitable school within a reasonable distance;
children who were admitted to the school outside the normal admission round after which the school has arranged its classes the effect of which would mean that the school would have to take a relevant measure if such children were not excepted pupils;
children of armed forces personnel who are admitted outside the normal admission round;
children whose twin or other siblings from a multiple birth are admitted as non-excepted pupils;
children who are registered pupils at special schools, but who receive part of their education at a mainstream school; and
children with special educational needs who are normally educated in a special unit in a mainstream school, who receive part of their lessons in a non-special class.
If at any time it becomes possible for an excepted pupil to be provided with education at the school in an infant class in which the limit is not exceeded (for example, because a non-excepted child leaves the class, an additional infant class is created, or an additional teacher is appointed) that child ceases to be an excepted pupil (regulation 5(2)).
The exceptions in respect of previously looked after children, children of armed forces personnel and twins or other siblings from multiple births will apply in respect of admissions from the 2014/2015 school year. All other exceptions will apply from the 2013/2014 school year.