coultie,
This is from IPSEA's website.
Exclusion 'rules'
The Head must write immediately giving length and reason for exclusion.
The Head must inform the Governors only if
(a) an external exam would be missed or
(b) if the total days excluded in the term are more than 5.
The Governors must meet only if
(a) an external exam would be missed or
(b) the total days excluded in the term is over 5 and parents ask for a meeting.
Parents have the right to make 'written representations' which must be considered by governors and/or to attend the meeting.
The Head must inform the LEA only if exclusion means total days excluded in the term are more than 5 or if an external exam would be missed.
If exclusion is more than one day, school must set and mark work for child.
SEN questions
If you believe that your child has been excluded as a result of their special educational needs not being met, you may need to consider:
Asking for your child to be placed on School Action or School Action Plus.
Asking for an urgent review of the IEP.
Complaining to Governors that duties under s317 Education Act 1996 have not been fulfilled (i.e. to use their best endeavours to ensure that children with special needs receive provision to meet their needs).
Requesting statutory assessment.
Asking for a change of school, etc.
I would certainly talk to IPSEA (evenings are best) and have a look at their website:-
www.ipsea.org.uk
There is further exclusion information on there.
I would be requesting a Statutory Assessment now (statement) from the Chief Education Officer at your LEA. You will need to give them six weeks to reply.
Disability discrimination questions
If you believe that the exclusion was unfair, you should consider these issues:
Is my child disabled (as defined by the Disability Discrimination Act)? Download this checklist to find out.
Was the exclusion for a reason related to my child's disability?
Was the exclusion justified, e.g. were there other actions which you think the school could have taken, instead of excluding your child?
Can you think of any reasonable steps which the school could have taken to prevent the situation which led to the exclusion e.g. providing extra support, asking for advice from the LEA, asking the LEA to undertake a statutory assessment?