(1)In section 9 of the principal Act (county schools, voluntary schools, nursery schools and special schools) for subsection (5) there is substituted the following subsection—
“(5)Schools which are specially organised to make special educational provision for pupils with special educational needs and which are for the time being approved by the Secretary of State as special schools shall be known as special schools.”.
(2)The parent of a child who is of compulsory school age and is registered as a pupil at a special school in accordance with arrangements made by a local education authority shall not withdraw the child from that school without the consent of the local education authority; but any such parent aggrieved by a refusal of the authority to give their consent may refer the question to the Secretary of State, who shall give such direction thereon as he thinks fit.
(3)Where a local education authority maintain a statement for a child under section 7 they shall not make arrangements for the provision of education for that child at an independent school unless—
(a)the school is for the time being approved by the Secretary of State as suitable for the admission of children for whom statements are maintained under section 7; or
(b)the Secretary of State consents to the child being educated there.
Modifications etc. (not altering text)
C1The text of ss. 11(1), 17 and 21(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C2S. 11(3)(a) amended by S.I. 1991/449, art. 3
(1)The Secretary of State may by regulations make provision as to—
(a)the requirements which are to be complied with by any school as a condition of approval of the school as a special school under section 9(5) of the principal Act;
(b)the requirements which are to be complied with by a special school while such an approval is in force with respect to it; and
(c)the withdrawal of approval from any school—
(i)at the request of the proprietor; or
(ii)on the ground that there has been a failure to comply with any prescribed requirement.
(2)Without prejudice to the generality of subsection (1) above, regulations under that subsection may impose requirements which call for arrangements to be approved by the Secretary of State.
(3)Notwithstanding that the provisions of the principal Act requiring local education authorities to have regard to the need for securing that primary and secondary education are provided in separate schools do not apply with respect to special schools, the regulations may impose requirements as to the organisation of any special school as a primary school or as a secondary school.
[F1(4)Provision shall be made in the regulations that, so far as practicable, every pupil attending a special school will attend religious worship and receive religious education, or will be withdrawn from attendance at such worship or from receiving such education, in accordance with the wishes of his parent.]
Subordinate Legislation Made
P1Ss.12 and 19 power exercised by S.I.1991/450
Textual Amendments
F1S. 12(4) substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9(10), 231(7), 235(6), Sch. 1 para. 9
(1)The Secretary of State may by regulations make provision as to—
(a)the requirements to be complied with by any school as a condition of approval of the school for the purposes of section 11(3)(a) of this Act;
(b)the requirements which are to be complied with by any school while such an approval is in force with respect to it; and
(c)the withdrawal of approval from any school—
(i)at the request of the proprietor; or
(ii)on the ground that there has been a failure to comply with any prescribed requirement.
(2)Any approval under section 11(3)(a) may be given subject to such conditions (in addition to those prescribed) as the Secretary of State sees fit to impose.
(3)Any consent under section 11(3)(b) may be given subject to such conditions as the Secretary of State sees fit to impose.
(4)In any case where there is a failure to comply with a condition imposed under subsection (2) or (3) above, the Secretary of State may withdraw his approval or, as the case may be, consent.
Subordinate Legislation Made
P2S. 13(1) and 19 power exercised by S.I.1991/449
(1)A local education authority shall not cease to maintain a special school except in accordance with proposals approved by the Secretary of State under this section.
(2)Where a local education authority intend to cease to maintain a special school they shall serve written notice of their proposals on—
(a)the Secretary of State;
(b)the parent of every child who is, at the time when notice is served on the Secretary of State, a registered pupil of the school;
(c)any other local education authority who have arranged for special educational provision to be made at the school for a child in their area; and
(d)any such other persons as the authority consider appropriate.
(3)The notice shall specify—
(a)the time at which the local education authority intend to implement the proposals; and
(b)a period (which shall not be less than two months beginning with the date on which the notice is served) during which written objections to the proposals may be made to the local education authority.
(4)Before the expiry of the period of one month beginning with the date on which the period for making objections, specified in the last notice to be served under subsection (2) above, expires, the local education authority shall send to the Secretary of State copies of all objections which have been duly made and not withdrawn in writing, together with their observations on those objections.
(5)After considering the proposals and any objections and observations sent to him under subsection (4) above the Secretary of State may approve or reject the proposals.
(6)Where the Secretary of State approves the proposals under this section he may direct that they are to be implemented at a time which is different from that specified in the notice served under subsection (2) above.
(7)Service of any notice under subsection (2) above which is sent by post in accordance with section 113 of the principal Act shall be deemed to have been effected on the second day after the day on which it is posted.