PART IIIDISABILITY DISCRIMINATION IN EDUCATION
CHAPTER ISCHOOLS
Residual duty of boards
Duty of boards not to discriminate19
1
This Article applies to the functions of a board under—
a
the 1986 Order (except Article 37 and Part VII);
b
the Education Reform (Northern Ireland) Order 1989 (NI 20);
c
the Education and Libraries (Northern Ireland) Order 1993 (NI 12);
d
the 1996 Order;
e
the Education (Northern Ireland) Order 1997 (NI 5);
f
the Education (Northern Ireland) Order 1998 (NI 13);
g
the Education and Libraries (Northern Ireland) Order 2003 (NI 12).
2
But it does not apply to any prescribed function.
3
In discharging a function to which this Article applies, it is unlawful for a board to discriminate against—
a
a disabled pupil; or
b
a disabled person who may be admitted to a school as a pupil.
4
But an act done in the discharge of a function to which this Article applies is unlawful as a result of paragraph (3) only if no other provision of this Chapter makes that act unlawful.
5
In the case of an act which constitutes discrimination by virtue of Article 43, this Article also applies to discrimination against a person who is not disabled.
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.