Duty to educate children with special educational needs in ordinary schools7

1

This Article applies to a child with special educational needs who should be educated in a grant-aided school.

2

If no statement is maintained under Article 16 for the child, he shall be educated in an ordinary school.

3

If a statement is maintained under Article 16 for the child, he shall be educated in an ordinary school unless that is incompatible with—

a

the wishes of his parent, or

b

the provision of efficient education for other children.

Education otherwise than in ordinary schools7A

1

Article 7(2) does not require a child to be educated in an ordinary school during any period in which—

a

he is admitted to a special school for the purposes of an assessment under Article 15 of his educational needs and his admission to that school is with the agreement of—

i

the board;

ii

the Board of Governors of the school;

iii

his parent; and

iv

any person whose advice is to be sought in accordance with regulations made under paragraph 2 of Schedule 1;

b

he remains admitted to a special school, in prescribed circumstances, following an assessment under Article 15 at that school;

c

he is admitted to a special school, following a change in his circumstances, with the agreement of—

i

the board;

ii

the Board of Governors of the school; and

iii

his parent.

2

Article 7 does not affect the operation of—

a

Article 10; or

b

paragraph 5 of Schedule 2.

3

If a board decides—

a

to make a statement for a child under Article 16, but

b

not to name in the statement the school for which a parent has expressed a preference under paragraph 5 of Schedule 2,

it shall, in making the statement, comply with Article 7(3).

4

A board may, in relation to its ordinary controlled schools taken as a whole, rely on the exception in Article 7(3)(b) only if it shows that there are no reasonable steps that it could take to prevent the incompatibility.

5

A board or a Board of Governors may, in relation to a particular ordinary school, rely on the exception in Article 7(3)(b) only if it shows that there are no reasonable steps that either of them could take to prevent the incompatibility.

6

The exception in Article 7(3)(b) does not permit a Board of Governors to fail to comply with the duty imposed by Article 16(5)(b).

7

Boards and Boards of Governors of grant-aided schools shall have regard to guidance about Article 7 and this Article issued by the Department.

8

That guidance shall, in particular, relate to steps which may, or may not, be regarded as reasonable for the purposes of paragraphs (4) and (5).