SCHEDULES
F1SCHEDULE 35BMeaning of “eligible child” for purposes of section 508B
Meaning of “qualifying school” etc
15
1
The definitions in sub-paragraphs (2) to (5) apply for the purposes of this Schedule.
2
“Qualifying school” in relation to a child means—
a
a community, foundation or voluntary school,
b
a community or foundation special school,
c
a school approved under section 342 (non-maintained special schools),
d
a pupil referral unit,
e
a maintained nursery school, or
f
a city technology college, a city college for the technology of the arts or an Academy.
3
In relation to a child with special educational needs, an independent school, other than a college or Academy falling within sub-paragraph (2)(f), is also a “qualifying school” if—
a
it is the only school named in the statement maintained for the child under section 324, or
b
it is one of two or more schools named in that statement and of those schools it is the nearer or nearest to the child's home.
4
“Disabled child” means a child who has a disability for the purposes of the F2Equality Act 2010 , and “disability” is to be construed accordingly.
5
“Walking distance” has the meaning given by section 444(5).
6
“Religion” and “belief” are to be read in accordance with section 509AD(3).
7
In the case of a child who is a registered pupil at both a pupil referral unit and at a school other than a unit, references in this Schedule to the school at which he is a registered pupil are to be read as references to the unit.
Sch. 35B inserted (1.9.2007 for the insertion of Sch. 35B para. 1 for specified purposes and paras. 2-10, 14, 15 for all purposes, 1.9.2008 in so far as not already in force) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 8; S.I. 2007/1801, art. 4(k); S.I. 2008/1971, art. 2(b)