Education (Northern Ireland) Order 1996
| Jurisdiction | UK Non-devolved |
1996 No. 274 (N.I. 1)
NORTHERN IRELAND
The Education (Northern Ireland) Order 1996
Made 14th February 1996
Coming into operation in accordance with Article 1(2) and (3)
At the Court at Buckingham Palace, the 14th day of February 1996
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the1Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I
INTRODUCTORY
Title and commencement
1.—(1) This Order may be cited as the Education (Northern Ireland) Order 1996.
(2) Except as provided by paragraph (3), this Order shall come into operation on the expiration of two months from the day on which it is made.
(3) The following provisions, namely —
(a)
(a) Part II and Schedules 1 and 2;
(b)
(b) Articles 31 and 34;
(c)
(c) Article 35(1) to (5) and Schedule 3;
(d)
(d) Articles 40 and 41 and Schedule 4;
(e)
(e) Part I of Schedule 5 and so much of, Article 43 as relates thereto;
(f)
(f) Part I of Schedule 6 and so much of Article 44 as relates thereto;
shall come into operation on such day or days as the Department may by order appoint.
(4) An order under paragraph (3) may make such transitional provision as appears to the Department to be necessary or expedient in connection with the provisions brought into operation by the order.
Interpretation
2.—(1) The Interpretation Act (Northern Ireland) 1954 shall apply 2to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“the 1986 Order” means the3Education and Libraries (Northern Ireland) Order 1986;
“the 1989 Order” means the4Education Reform (Northern Ireland) Order 1989.
(3) This Order shall be construed as one with the 1986 Order, the 1989 Order and the5Education and Libraries (Northern Ireland) Order 1993; and accordingly Article 2(2) of the 1986 Order, in so far as it relates to the definition of words or expressions used in that Order and in this Order, shall apply for the purposes of this Order as it applies for the purposes of that Order.
PART II
CHILDREN WITH SPECIAL EDUCATIONAL NEEDS
Introductory
Meaning of “special educational needs” and “special educational provision” etc.
3.—(1) For the purposes of the Education Orders, a child has “special educational needs” if he has a learning difficulty which calls for special educational provision to be made for him.
(2) For the purposes of this Part, subject to paragraph (3), a child has a “learning difficulty” if—
(a)
(a) he has a significantly greater difficulty in learning than the majority of children of his age,
(b)
(b) he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in ordinary schools, or
(c)
(c) he has not attained the lower limit of compulsory school age and is, or would be if special educational provision were not made for him, likely to fall within sub-paragraph (a) or (b) when he is of compulsory school age.
(3) A child is not to be taken as having a learning difficulty solely because the language (or form of, the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.
(4) In the Education Orders, “special educational provision” means—
(a)
(a) in relation to a child who has attained the age of two years, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in ordinary schools, and
(b)
(b) in relation to a child under that age, educational provision of any kind.
(5) In the Education Orders, “special school” means a controlled or voluntary school which is specially organised to make special educational provision for pupils with special educational needs and is recognised by the Department as a special school.
(6) In this Part, “ordinary school” means a grant-aided school which is not a special school.
(7) In this Part, “child” includes any person who has not attained the age of nineteen years and is a registered pupil at a school.
(8) For the purposes of paragraph (7) a person who attains the age of nineteen years at any time during a school term at any school shall be deemed not to have attained that age until the day after the end of that school term.
(9) In this Part, “the Tribunal” has the meaning assigned to it by Article 22(1).
Code of practice
Code of practice
4.—(1) The Department shall issue, and may from time to time amend, a code of practice giving practical guidance in respect of the discharge by boards and the Boards of Governors of grant-aided schools of their functions under this Part.
(2) It shall be the duty of—
(a)
(a) boards and Boards of Governors of grant-aided schools exercising functions under this Part, and
(b)
(b) any other person exercising any function for the purpose of the discharge by boards and Boards of Governors of grant-aided schools of functions under this Part,
to have regard to the provisions of the code.
(3) On any appeal, the Tribunal shall have regard to any provision of the code which appears to the Tribunal to be relevant to any question arising on the appeal.
(4) The Department shall publish the code as for the time being in force.
Making and amendment of code
5.—(1) Where the Department proposes to issue or amend a code of practice, it shall prepare a draft of the code (or amendment).
(2) The Department shall consult such persons about the draft as the Department thinks fit and shall consider any representations made by them.
(3) If the Department determines to proceed with the draft (either in its original form or with such modifications as the Department thinks fit), the Department shall issue the code or amendment to the code in the form of the draft and the code or amendment shall come into force on such day as the Department may by order appoint.
Special educational provision: general
Review of arrangements
6.—(1) A board shall—
(a)
(a) determine, and keep under review, its policy in relation to special educational provision; and
(b)
(b) keep under review the arrangements made by it for special educational provision.
(2) In exercising its functions under paragraph (1)(a), a board shall consult—
(a)
(a) the Boards of Governors of grant-aided schools in its area;
(b)
(b) other boards;
(c)
(c) the Council for Catholic Maintained Schools; and
(d)
(d) such other persons as it thinks fit.
Qualified duty to secure education in ordinary school of child for whom board maintains statement of special educational needs
7.—(1) Any person exercising any functions under this Part in respect of a child—
(a)
(a) for whom a board maintains a statement under Article 16, and
(b)
(b) who should be educated in a grant-aided school,
shall secure that, if the conditions mentioned in paragraph (2) are satisfied, the child is educated in an ordinary school.
(2) The conditions are that—
(a)
(a) the board is not required under Schedule 2 to specify in the statement under Article 16 the name of a special school, and
(b)
(b) educating the child in an ordinary school is compatible with—
(i) his receiving the special educational provision which his learning difficulty calls for,
(ii) the provision of efficient education for the children with whom he will be educated, and
(iii) the efficient use of resources.
Duties in relation to pupils with special educational needs in ordinary schools
8.—(1) The Board of Governors of an ordinary school shall—
(a)
(a) use its best endeavours, in exercising its functions in relation to the school, to secure that if any registered pupil has special educational needs the special educational provision which his learning difficulty calls for is made,
(b)
(b) secure that, where a registered pupil has special educational needs, those needs are made known to all who are likely to teach him, and
(c)
(c) secure that the teachers in the school are aware of the importance of identifying, and providing for, those registered pupils who have special educational needs.
(2) Where a child who has special educational needs is being educated in an ordinary school, those concerned with making special educational provision for the child shall secure, so far as is reasonably practicable and is compatible with—
(a)
(a) the child receiving the special educational provision which his learning difficulty calls for,
(b)
(b) the provision of efficient education for the children with whom he will be educated, and
(c)
(c) the efficient use of resources,
that the child engages in the activities of the school together with children who do not have special educational needs.
(3) The annual report for an ordinary school prepared under Article 125 of the 1989 Order shall describe—
(a)
(a) any special arrangements made for the admission of pupils to whom paragraph (4) applies;
(b)
(b) the steps taken to prevent pupils with special educational needs from being treated less favourably than other pupils;
(c)
(c) the facilities provided to assist access to the school by pupils with special educational needs.
(4) This paragraph applies to a pupil if—
(a)
(a) he...
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