infant class size prejudice

[dadoffive]

Can anyone help clarify the situation regarding infant class size prejudice.
I am appealing for a year 2 place in September.The school i am appealing to has a pan of 45 which means that there is a class of 30 yr 2's, a class of 15 older year 2's and 15 younger year 3's and a class of year 3's.
Does the mixed class come under the infant size prejudice rule of a maximum of 30 children per teacher as half the children are year 3's. If it does, do you think it possible to argue that if an extra pupil was admitted to year 2 to make the total 46 pupils in that year, the mixed class could have 16 year 2's and only 14 year 3's while the class with all year 3's could be increased to 31?

My understanding is that in a mixed KS1/KS2 class - so a year 2 and 3 mix as in your case - the infant class size rules apply if the number of KS1 children (Year 2) is more than the number of KS2 children. If, in your case, the split is 15 year 2s and 15 year 3s then I would imagine the rules would be interpreted strictly, ie the infant class size rules would be applied.

I presume that the other single year classes (Year 3 and Year 2) have no space to add a child there.

Sorry not to be more positive.

I think that JWIM is correct, ics rules apply when the are more KS1 pupils then KS2 which would be the case if your child was admitted. Further bad news is as I understand it the appeal panel has now power to tell a school how to arrange it's classes so even though it would be a logical step to have a Y3 class of 31 giving the mix class a space for your child the panel can not tell the school to do this and have to make their decision based on how the classes are currently arranged. I am sorry it isn't more positive news, must be very frustrating. I would probably have a shot at arguing that the school could make the changes in class arrangements but I wouldn't count on winning I am afraid. Even if it wasn't an ICS case you need to have good reasons why this school and no other is the right one for your child, these reasons must have nothing to do with childcare or getting the child to school. Good luck, hope that one of the experts will come and clarify for you in regards to this.

The infant class size limit applies to any class where the majority of children are in Reception, Y1 or Y2. So the mixed class is technically not subject to infant class size rules at the moment but it would be if your child was admitted.

As roadkillbunny says, the appeal panel cannot tell the school how to organise its classes. So they should not admit on the basis that moving one of the Y3 pupils to the Y3-only class solves the problem. I would, however, go ahead with the appeal and give it your best shot to explain why this is the right school for your child. You may get a sympathetic panel who are willing to bend the rules a bit for you.

I would agree with the above comments that it is ICS . However are you certain that you are talking about year2 and year3 mixed age classes and not year 1 and year2 mixed age classes. The "classic" class organisation for a 45 PAN is two small classes of 22 and 23 in reception year and then three classes of 30 mixed year 1 /2 classes.
In order that they are running mixed year 2/3 classes they would either have to have three mixed age reception / year 1 classes each with 30 in or be running 4 small classes of 22/23 across reception /year 1 neither of which is at all common.

Thanks Guys, the classes are organised as reception (30), mixed reception/ year 1 (15/15), year 1 (30) in red wing then year 2 (30), mixed year 2/ year 3 (15/15) and year 3 (30) making 180 pupils in total.

OP If you have already submitted an appeal what is the LA position? Are they arguing Infant Class Size regs? I would support the suggestion that you continue with the appeal and question, based on the class organisation, whether it is indeed ICS or whether it should be an appeal heard on the prejudice to your child having a place against the negative consequences for pupils at the school basis. Then you can set out the positive reasons why this school would meet the needs of your child without adversely affecting the provision for children already at this school.

We had not had a letter from the LA giving reasons, but had been told over the phone that the school was full. when I e-mailed the LA about appealing, the Admissions manager replied saying it was NOT an infant class size prejudice appeal but a two stage appeal. However on the monday after my last post (16- jul), the LA position changed saying it was an infant class size appeal in the following year (year 2).
However, I went to the appeal yesterday with the e-mail and a good stage 2 appeal. Today I heard that we were successful!
Very fortunate to have had a sympathetic panel and an incompetent Admissions manager!
Thank you all for your advice and support. It helped so much and I was much better prepared than I would have been without your words of wisdom.