PART IIIDISABILITY DISCRIMINATION IN EDUCATION

CHAPTER ISCHOOLS

Residual duty of boards

Residual duty: supplementary provisions20

1

Article 15 applies for the purposes of Article 19 as it applies for the purposes of Article 14 with the following modifications—

a

references to a responsible body are to be read as references to a board; and

b

references to Article 16 are to be read as references to paragraphs (2) to (4).

2

Each board shall take such steps as it is reasonable for it to have to take to ensure that, in discharging any function to which Article 19 applies—

a

disabled persons who may be admitted to a school as pupils are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

b

disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.

3

That does not require a board to—

a

remove or alter a physical feature; or

b

provide auxiliary aids or services.

4

This Article imposes duties only for the purpose of determining whether a board has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

5

A reference in Article 22, 25(3) or 26 to a responsible body is to be read as including a reference to a board in relation to a function to which Article 19 applies.