Part II Rights and duties of Parents and functions of Education Authorities in relation to Individual Pupils
Children requiring special education
61 Examination and assessment of children and young persons.
(1)
It shall not be lawful for an education authority to establish, under section 60 of this Act, that a child has pronounced, specific or complex special educational needs such as require continuing review and to record him unless he has undergone a F1process of observation and assessment (including educational, psychological and medical assessments), for the purpose of affording to the authority advice as to his special educational needs and whether or not they ought to record him; and before doing so, an authority shall—
(a)
invite the parent of that child by notice in writing to submit the child for F2assessment for the said purpose, and
(b)
(in the case of a child F3in respect of whom the authority is under a duty under section 60(2) of this Act) if the parent fails without reasonable excuse to submit the child as aforesaid, by notice in writing served upon the parent require him to submit the child for F2assessment for the said purpose.
(2)
(3)
A notice under paragraph (a) or (b) of subsection (1) above in respect of any child shall—
(a)
state that the purpose of the F6assessment is to afford to the education authority advice as to his special educational needs and whether or not they ought to record the child;
(b)
specify the times and places at which F7any examinations held in connection with the assessment will be held;
(c)
inform the parent of his right to be present at F8any medical examination held in connection with the assessment;
(d)
inform the parent of the name of the officer of the authority from whom advice and further information may be obtained;
(e)
invite the parent to express in writing to the authority, within 21 days from the date of the notice or such longer period as the notice may specify, his views as regards the special educational needs of the child and the measures required to meet those needs;
and a notice under the said paragraph (b) shall in addition inform the parent of the effect of subsection (4) below.
(4)
(5)
The duty imposed by section 60(2) of this Act shall not apply if the parent of the child has had notice served upon him under subsection (1)(b) above and has failed to comply with that notice.
(6)
If the parent of any child requests the education authority for the area to which the child belongs (in accordance with section 23(3) of this Act) to make arrangements for the child to undergo such process of F10observation and assessment as is mentioned in subsection (1) above for the purpose mentioned there, the authority shall comply with the request unless in their opinion the request is unreasonable.
(7)
It shall not be lawful for an education authority to establish, under section 60 of this Act, that a young person has pronounced, specific or complex special educational needs such as require continuing review and to record him unless—
(a)
that young person has undergone such process of F11observation and assessment as the authority consider necessary for the purpose of affording to them advice as to his special educational needs and whether or not they ought to record him; and
(b)
that young person or, where the education authority are satisfied that a young person is not capable of expressing his views for the purposes of this section, his parent has been invited by the authority, by notice in writing, to express to the authority, within 14 days from the date of the notice or such longer period as the notice may specify, his views as regards the special educational needs of the young person and the? measures required to meet those needs.