Education (Scotland) Act 1981
| Jurisdiction | UK Non-devolved |
| Citation | 1981 c. 58 |
(1) After section 28 of the Where the parent of a child makes a written request to an education authority to place his child in the school specified in the request, being a school under their management, it shall be the duty of the authority, subject to subsections (2) and (3) below, to place the child accordingly.Such a request so made is referred to in this Act as a “placing request” and the school specified in it is referred to in this Act as the “specified school”.Where a placing request relates to two or more schools under the management of the education authority to whom it was made, the duty imposed by subsection (1) above shall apply in relation to the first mentioned such school, which shall be treated for the purposes of this Act as the specified school.make it necessary for the authority to take an additional teacher into employment;give rise to significant expenditure on extending or otherwise altering the accommodation at or facilities provided in connection with the school;be seriously detrimental to the continuity of the child’s education; orbe likely to be seriously detrimental to order and discipline in the school or the educational well-being of the pupils there;if the education normally provided at the specified school is not suited to the age, ability or aptitude of the child;if the education authority have already required the child to discontinue his attendance at the specified school;if, where the specified school is a special school, the child does not have special educational needs requiring the education or special facilities normally provided at that school; orif the specified school is a single sex school (within the meaning given to that expression by section 26 of the Sex Discrimination Act 1975) and the child is not of the sex admitted or taken (under that section) to be admitted to the school,An education authority shall inform a parent in writing of their decision on his placing request and, where they decide to refuse it, shall give him written reasons for their decision and inform him of his right to refer it under section 28C of this Act to an appeal committee.The Secretary of State may, by regulations, make provision for deeming an education authority to have refused a placing request in the event of their not having informed the parent in writing of their decision on it in accordance with subsection (4) above within such period or before such date as may be prescribed in the regulations and different periods or dates may be so prescribed for different purposes.their arrangements for the placing of children in schools under their management;such matters as may be prescribed by regulations;such other matters as the authority consider necessary or expedient for the purposes of their functions under this Act;in a case where the authority propose to place the child in a particular school, inform his parent of the school; andin every case, subject to subsection (4) below, inform the parent of the general effect of section 28A (1) and (2) of this Act and of his right to make a placing request;in making arrangements for the performance of their functions under this Act, formulate guidelines to be followed by them as respects placing in schools generally or, if they think it necessary, in any particular school in the event of there being more placing requests made in respect of certain schools or, as the case may be, that school or in respect of any stage or stages of school education provided there than there are places available;on a request to that effect made to them at any time by a parent of a child, supply the parent with any prescribed or determined information about any school under their management.In paragraph (d) above, “prescribed or determined information” means information prescribed or determined under subsection (3) (c) below.An education authority shall, in performing the duties imposed on them by subsection (1) above, comply with any regulations made under subsection (3) below.the procedure in accordance with which education authorities are to perform the duties imposed on them by subsection (1) above and when they are to do so;how education authorities are to go about publishing or otherwise making available information under subsection (1) above or informing parents under that subsection;the kind of information which is to be so published or which is to comprise the information so made available or supplied to parents.The duty imposed by subsection (1) (b) (ii) above arises only when the existence of the child and the fact that he falls to be placed in a school under their management are known to the education authority.
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