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13. In Schedule 9, for paragraph 4 there shall be substituted—
“4. Where the pupil has special educational needs—
(a)which stage of the five stage scale referred to in “the Code of Practice on the Identification and Assessment of Special Educational Needs”(1) issued on 25th May 1994 under section 158 of the Education Act 1993(2) applies to him; or
(b)which SEN provision type forming part of the graduated approach adopted pursuant to “the Special Educational Needs Code of Practice”(3) issued on 3rd December 2001 under section 313 of the 1996 Act is being made for him”.
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