Education Act 1981

JurisdictionUK Non-devolved
Citation1981 c. 60
Year1981
(1) In section 8(2) of the principal Act (which requires local education authorities to have regard to certain matters in fulfilling their duty to secure provision of primary and secondary schools) for paragraph (c) there is substituted the following paragraph—
  • (c) to the need for securing that special educational provision is made for pupils who have special educational needs; and
to the need for securing that special educational provision is made for pupils who have special educational needs; and(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(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.
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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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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  • a local education authority propose to serve a school attendance order on the parent of a child under section 37 of the principal Act; andthe authority maintain a statement for that child under section 7.of their intention to serve the order;stating that if, before the expiry of that period, he selects a school at which he desires the child to become a registered pupil, that school will, unless the Secretary of State otherwise directs, be named in the order.(3) If, before the expiry of the period mentioned in subsection (2) , the parent selects such a school, that school shall, unless the Secretary of State otherwise directs, be named in the order.the school selected by the parent as the school to be named in the order is unsuitable to the child’s age, ability or aptitude or to his special educational needs; orthat the attendance of the child at the school so selected would prejudice the provision of efficient education or the efficient use of resources;(5) Any direction under subsection (4) above may require the local education authority to make such amendments in the statement concerned as the Secretary of State considers necessary or expedient in consequence of his determination.(6) Where the school to be named in the school attendance order in pursuance of a direction given by the Secretary of State under this section is a school maintained by a local education authority, it shall be the duty of the authority and of the governors of the school to admit the child to the school.(7) Where the school to be named in the school attendance order in pursuance of a direction given by the Secretary of State under this section is a grant-maintained school, it shall be the duty of the governing body of the school to admit the child to the school.

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