More than half of classes in primary over size limit, should I ask for an explanation?

[owlelf]

My son's school has over 30 pupils in most of its classes. For example both Reception classes have 31, year 1 classes are 32 and 33.

Each class has a teacher and one TA.

From what I understand the limit is 30, plus any additional children that have won appeals. I am tempted to ask for confirmation that the class sizes are due to successful appeals. I also want to ask what the school plans to do if my sons class (currently reception) remains the same size next year (as I think that if it remains over 30 they need to provide an additional teacher).

I really do not want to cause trouble or be seen as a difficult parent but I would like some reassurance.

Would I ask DS' form teacher, headmaster or LEA about this?

I am further confused because in January a pupil left DS' class and moved away. The next week a new child arrived taking the number back to 31. I do know that the new child's circumstances are a little complicated- his mum told me they require a police escort to get to and from school. I've no idea why (none of my business) but I guess his special circumstances may mean the class size has been allowed to go over its limit.

I think I should clarify that I have no issue with successful appeals resulting in class sizes going over their limit- it must be horrendous to have to go through the process.

I am just a bit suspicious about the number of classes over the limit at DS' school, and want to make sure the school fulfils its obligation to provide an additional teacher if necessary.

It's as you say.

The infant class size of 30 can be exceeded via successful appeals, where a child is admitted with a statement naming the school (normally this would happen before or at the same time as the normal admissions round, but children may be admitted via this route later in the year) or otherwise via the Fair Access Protocol. Children admitted in this way are 'excepted' during YR, but if numbers stay above 30 in Y1 the school must engage another teacher. It's unusual to be 5 pupils above infant class size, but not impossible.

Normally, if a child leaves, the vacant slot would not be filled, to allow numbers to drop down to 30, but in this instance you may well be right that the other child has been admitted via a statement, the FAP or otherwise because of exceptional circumstances.

If you are concerned, I think the best person to ask is the headteacher, but (as I think you realise) all you can do here is ask what the school plans to do next year if there are still 31 pupils in the class. The school cannot give you any information about other pupils, so there's nothing to be gained from asking how the additional pupils came to be admitted.

Thank you for your very clear explanation panel.

I will follow your advice and ask what the school's plans are if the class size stays at 31 next year.

Do you know if there are any circumstances where the class could continue to be this size without an extra teacher being required? For example there are children with SEN in the class (I know this as I am a volunteer helper once a week) but I don't know if they have a statement, plus as I said there is at least one child with a complicated home situation.

I don't want the HT to think I am fishing for details about specific pupils- just for him to back up any decisions he makes regarding additional teachers with facts rather than an "I can't discuss this with you" type answer.

One final question- how could year 2 have class sizes of 32 and 33. Apologies if I have misunderstood but admissions errors wouldn't apply to year 1 would they?

When I say "continue to be this size" I mean continue into year 1.

A class may not have become that size until Y1. If, for example, a pupil is admitted to Y1 under the Fair Access Protocol they are "excepted", which means they would not count towards the class size limit until Y2.

Under the old Admissions Code certain children with SEN would remain excepted throughout their time in infants.

Note that under the new Admissions Code the one year rule is abolished. An excepted child remains excepted throughout their time in infants. The school therefore won't have to do anything next year. The reasoning behind the change is to avoid schools having to go to the expense of employing an additional teacher for a handful of pupils - the funding for those pupils would not cover the cost of the additional teacher.

As I said earlier, having 5 additional pupils is unusual but it could happen, especially (as prh47bridge points out) if numbers gradually creep up during YR and Y1.

Para 2.15 of the Admissions Code 2012 gives the complete list of exceptions for 2013/14 onwards (the list in the old code is somewhat shorter - I can't immediately find the link but it will turn up via Google, I'm sure):

2.15 Infant class size ? Infant classes (those where the majority of children will reach the age of 5, 6 or 7 during the school year) must not contain more than 30 pupils with a single school teacher. Additional children may be admitted under limited exceptional circumstances. These children will remain an ?excepted pupil? for the time they are in an infant class or until the class numbers fall back to the current infant class size limit. The excepted children are:

a) children admitted outside the normal admissions round with statements of special educational needs specifying a school;

b) looked after children and previously looked after children admitted outside the normal admissions round;

c) children admitted, after initial allocation of places, because of a procedural error made by the admission authority or local authority in the original application process;

d) children admitted after an independent appeals panel upholds an appeal;

e) children who move into the area outside the normal admissions round for whom there is no other available school within reasonable distance;

f) children of UK service personnel admitted outside the normal admissions round;

g) children whose twin or sibling from a multiple birth is admitted otherwise than as an excepted pupil;

h) children with special educational needs who are normally taught in a special educational needs unit attached to the school, or registered at a special school, who attend some infant classes within the mainstream school.

Prh47bridge - Ah, yes, I was forgetting that the one year limit on exceptions was ending. I am assuming, though, that (as with the rest of the Admissions Code 2012), the change to how long a pupil is 'excepted' takes effect for 2013/14 admissions. So, as far as I can see, the excepted pupils at OP's school are only excepted for a year because they were admitted under the old code unless the change applies retrospectively.

Owlelf - I think this is something else you could ask the HT to clarify. Will the additional pupils continue to be 'excepted' after the year in which they were admitted (whether that was YR or Y1)? Whether they are excepted or not, you can ask how the school will ensure that the class size will not have an adverse impact on each pupil's learning.

I think whether it applies to current excepted children or not is a little unclear. We won't know for sure unless someone takes it to court. However, paragraph 2 at the beginning of the code says it comes into force with immediate effect unless stated otherwise, although it immediately goes on to say that it will apply to admission arrangements determined in 2012 for 2013 admissions. As this is not about admission arrangements my view is that it applies immediately but I may be wrong.

Exactly, prh47bridge. Even saying the new code comes into effect immediately is (as I read it) ambiguous - does it come into effect immediately for anyone admitted after the code's publication or immediately, including for anyone already admitted (ie with retrospective effect). As ever, it won't become clear until someone asks the courts to adjudicate (if then)!