Can schools exceed the class size regulation to accommodate Gypsy and Traveller children?
Yes. The Infant Class Size legislation makes allowance for the entry of an additional child in certain limited circumstances. The Education (Infant Class Size) (England) Regulations 1998 covers that law on which pupils may be admitted to an infant class which already has 30 pupils. The schedule to the regulations lists the circumstances in which a child may be regarded as an excepted pupil. Gypsy and Traveller children are not listed specifically, so a school cannot admit a chid to a ‘full’ infant class simply on that basis. Such children must fall into one of the more general categories. Many of the categories listed refer to children who are admitted outside the normal admission round. This condition will often be fulfilled by Gypsy and Traveller children, but it is not sufficient on its own.
