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The Education (Northern Ireland) Order 1996 is up to date with all changes known to be in force on or before 09 July 2024. There are changes that may be brought into force at a future date.![Help about Changes to Legislation](/images/chrome/helpIcon.gif)
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Introductory Text
PART I INTRODUCTORY
1.Title and commencement
2.Interpretation
PART II CHILDREN WITH SPECIAL EDUCATIONAL NEEDS
Introductory
3.Meaning of “special educational needs” and “special educational provision” etc.
Code of practice
4.Code of practice
5.Making and amendment of code
Special educational provision: general
6.Review of arrangements
7.Duty to educate children with special educational needs in ordinary schools
7A.Education otherwise than in ordinary schools
8.Duties in relation to pupils with special educational needs in ordinary schools
8A.Duty to inform parent where special educational provision made
9.Determination by Boards of Governors of policy in relation to provision of education for children with special educational needs
Special educational provision otherwise than in a grant-aided school
10.Special educational provision otherwise than in a grant-aided school
11.Special educational provision in institutions outside Northern Ireland
12.Special educational provision in institutions in Northern Ireland other than grant-aided schools
Identification and assessment of children with special educational needs
13.General duty of board towards children for whom it is responsible
14.Duties of... health and social services trusts
15.Assessment of educational needs
16.Statement of special educational needs
17.Appeal against decision not to make statement
18.Appeal against contents of statement
18A.Unopposed appeals
19.Reviews of statements
20.Assessment of educational needs at request of child's parent
20A.Review or assessment of educational needs at request of responsible body
21.Assessment of educational needs of children under two
General duties of boards
21A.Advice and information for parents
21B.Resolution of disputes
Special Educational Needs Tribunal for Northern Ireland
22.Constitution of Tribunal
23.Tribunal procedure
23A.Compliance with orders
24.Appeals from Tribunal
Special schools and other institutions
25.Religious education in special schools
26.Approval of institutions in Northern Ireland other than grant-aided schools
School attendance orders
27.School attendance orders
Supplementary
28.Regulations and orders
PART III MISCELLANEOUS
29.Withdrawal of school from maintained status
30.Independent schools
31.Date of commencement of secondary education
Art. 32 rep. by 2003 NI 12
33.School inspections
34.Key stages
35.Compulsory contributory subjects in key stage 4
36.Initiation of procedure for acquisition by school of grant-maintained integrated or controlled integrated status
37.Proposals for acquisition of grant-maintained integrated status
Art. 38 rep. by 1997 NI 15
39.Powers of trustees of voluntary schools in relation to proceeds of disposal of school premises
40.Incorporation of Boards of Governors
Art. 41 rep. by 1997 NI 15
42.Direction to admit child to specified school
PART IV AMENDMENTS AND REPEALS
Article 43—Amendments
Article 44—Repeals
SCHEDULES
SCHEDULE 1
MAKING OF ASSESSMENTS UNDER ARTICLE 15
Introductory
1.In this Schedule, “assessment” means an assessment of a child's educational needs under Article 15.
Medical and other advice
2.(1) Regulations shall make provision as to the advice which the Authority is to seek...
Manner, and timing, of assessments, etc.
3.(1) Regulations may make provision— (a) as to the manner in which assessments are to...
Attendance at examinations
4.(1) Where the Authority is considering whether to make an assessment, it may serve a...
Offence
5.(1) Any parent who fails without reasonable excuse to comply with any requirements of a...
SCHEDULE 2
MAKING AND MAINTENANCE OF STATEMENTS UNDER ARTICLE 16
Introductory
1.In this Schedule— “amendment notice” has the meaning given in paragraph 3, “statement” means a...
Copy of proposed statement
2.(1) Before making a statement, the Authority shall serve on the parent of the child...
Amendments to a statement
3.(1) A board shall not amend a statement except— (a) in compliance with an order...
Provision of additional information
4.(1) Sub-paragraph (2) applies when the Authority serves on a parent— (a) a copy of...
Preference as to school
5.(1) Every board shall make arrangements for enabling a parent— (a) on whom a copy...
Consultation on specifying name of school in statement
6.(1) Sub-paragraph (2) applies if the Authority is considering— (a) specifying the name of a...
Representations
7.(1) A parent on whom a copy of a proposed statement has been served under...
Making the statement
8.(1) Where representations are made to the Authority under paragraph 7(1)(a), the Authority shall not...
Service of statement
9.(1) Where the Authority makes or amends a statement it shall serve a copy of...
Keeping, disclosure and transfer of statements
10.(1) Regulations may make provision as to the keeping and disclosure of statements. (2) ....
Change of named school
11.(1) Sub-paragraph (2) applies where— (a) the parent of a child for whom a statement...
Procedure for ceasing to maintain a statement
12.(1) A board may not cease to maintain a statement except in accordance with paragraph...
13.(1) A board may cease to maintain a statement only if it is no longer...
Schedule 3—Amendments
SCHEDULE 4
INCORPORATION OF BOARDS OF GOVERNORS
Contracts of employment
1.Where Article 40 effects a transfer of rights and liabilities under a contract of employment—...
Dissolution of Board of Governors
2.(1) A Board of Governors incorporated under Article 40 is dissolved by virtue of this...
Directions as to transfer of property, rights and liabilities of dissolved Board of Governors
3.(1) Where it appears to the Department that a Board of Governors is to be...
Division of property, rights and liabilities of Board of Governors of group of schools
4.(1) This paragraph applies where— (a) a Board of Governors ( “the existing Board of...
Data protection
5.(1) Where personal data are transferred under Article 40(3) to a Board of Governors incorporated...
Schedule5—Amendments
Schedule 6—Repeals
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