37Application of local curriculum provisions to students who are registered pupils of special schools or who have learning difficulties
After section 33O of the Learning and Skills Act 2000 (c. 21) insert—
“33PApplication of local curriculum provisions to students who are registered pupils of special schools or who have learning difficulties
(1)Regulations may apply the provisions of sections 33A to 33L, 33N and 33O and the provisions of any regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in respect of a person who falls, or is likely to fall, within subsection (3).
(2)The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.
(3)A person falls within this subsection if he or she—
(a)is above compulsory school age; and
(b)either—
(i)a registered pupil of a community or foundation special school which is maintained by a local education authority in Wales and is not established in a hospital; or
(ii)receiving the majority of his or her education at an institution which provides education wholly or mainly for persons with a learning difficulty (within the meaning of section 41).”