St Olave’s Grammar School in Orpington, London has been at the centre of a row about removing sixth form students because of academic ability.
The highly-selective grammar school set a requirement that only pupils achieving grade B or above in their AS levels, or equivalent Year 12 exams, could continue into Year 13 to sit those subjects at A Level. As a result, a number of students were prevented from returning to school for Year 13.
In the face of a legal challenge by parents and following input by the Department for Education, St Olave’s agreed to allow the affected pupils to continue their studies.
The DfE stated that “Students enrolled in a sixth form cannot be removed because of academic ability”. For students at a sixth form attached to a secondary school or academy, this is clearly set out in the recent Exclusions Guidance 2017 (and its earlier 2012 edition):
“It is unlawful to exclude for a non-disciplinary reason. For example,….for a reason such as academic attainment/ability…”.
The Exclusions Guidance applies to maintained schools with an integrated sixth form, and to similar academies through their funding agreement. The guidance does not apply to 16-19 standalone academies, sixth form colleges, CTCs or independent schools, which have their own separate procedures.
Can schools covered by the Guidance circumvent these rules by requiring re-admission to Year 13?
If it can be shown that the school admits Year 12 students only for a single year course and requires a fresh application through their standard admission process for Year 13, then arguably there is no ‘exclusion’ by refusing to re-admit underperforming students to Year 13. However, such an approach would be hard to reconcile with the two-year linear A Level course and syllabus under the reformed AS/A Levels now in force in England.
Since the St Olave’s case came to public attention, a number of other schools have also been found to be operating a similar practice. Anecdotal evidence suggests that many, many more institutions have worked in this way but have not (yet) hit the headlines. Schools and colleges removing A Level students mid-course for non-disciplinary reasons are very likely to be acting unlawfully, and should take legal advice immediately.
For more information, please contact our education law specialists on 0800 024 1976