The Education (Northern Ireland) Order 1996

Duties in relation to pupils with special educational needs in ordinary schools N.I.

8.—(1) The Board of Governors of an ordinary school shall—

(a) use its best endeavours, in exercising its functions in relation to the school, to secure that if any [F1 pupil attending the school] has special educational needs the special educational provision which his learning difficulty calls for is made,

(b) secure that, where a [F1 pupil attending the school] has special educational needs, those needs are made known to all who are likely to teach him, and

(c) secure that the teachers in the school are aware of the importance of identifying, and providing for, those [F2 pupils attending the school] who have special educational needs.

(2) Where a child who has special educational needs is being educated in an ordinary school, those concerned with making special educational provision for the child shall secure, so far as is reasonably practicable and is compatible with—

(a) the child receiving the special educational provision which his learning difficulty calls for,

(b) the provision of efficient education for the children with whom he will be educated, and

(c) the efficient use of resources,

that the child engages in the activities of the school together with children who do not have special educational needs.

(3) The annual report for an ordinary school prepared under Article 125 of the 1989 Order shall describe—

(a) any special arrangements made for the admission of pupils to whom paragraph (4) applies;

(b) the steps taken to prevent pupils with special educational needs from being treated less favourably than other pupils;

(c) the facilities provided to assist access to the school by pupils with special educational needs.

(4) This paragraph applies to a pupil if—

(a) he has special educational needs; but

(b) no statement is maintained in respect of him under Article 16.

F1 Words in art. 8(1)(a)(b) substituted (23.3.2007) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(4)(c), 44(1), Sch. 2 para. 35(a); S.R. 2007/197, art. 2(a)

F2 Words in art. 8(1)(c) substituted (23.3.2007) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(4)(c), 44(1), Sch. 2 para. 35(b); S.R. 2007/197, art. 2(a)

Modifications etc. (not altering text)

C1 Arts. 6-21B: power to disapply or modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 17 (with ss. 88-90)

C2 Arts. 6-21B expiry of earlier affecting provision 2020 c. 7, Sch. 16 para. 17 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)