The Special Educational Needs and Disability (Northern Ireland) Order 2005
| Jurisdiction | UK Non-devolved |
2005 No. 1117 (N.I. 6)
NORTHERN IRELAND
The Special Educational Needs and Disability (Northern Ireland) Order 2005
6thApril 2005
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
1. |
Title and commencement |
2. |
Interpretation |
PART II
SPECIAL EDUCATIONAL NEEDS
Education in ordinary schools
3. |
Education in ordinary schools of children with special educational needs |
General duties of boards
4. |
Advice and information for parents |
5. |
Resolution of disputes |
6. |
Compliance with orders of Tribunal |
Appeals
7. |
Appeal against content of statement |
8. |
Unopposed appeals |
Identification and assessment of educational needs
9. |
Duty to inform parent where special educational provision made |
10. |
Review or assessment of educational needs at request of responsible body |
11. |
Duty to specify named school in statement |
Statements of special educational needs
12. |
Statements of special educational needs |
PART III
DISABILITY DISCRIMINATION IN EDUCATION
CHAPTER I
SCHOOLS
Interpretation of this Chapter
13 |
Interpretation of this Chapter |
Duties of responsible bodies
14. |
Discrimination against disabled pupils and prospective pupils |
15. |
Meaning of "discrimination" |
16. |
Disabled pupils not to be substantially disadvantaged |
Accessibility strategies and plans
17. |
Accessibility strategies of board |
18. |
Accessibility plans for schools |
Residual duty of boards
19. |
Duty of boards not to discriminate |
20. |
Residual duty: supplementary provisions |
Enforcement
21. |
Special Education Needs and Disability Tribunal for Northern Ireland |
22. |
Jurisdiction and powers of the Tribunal |
23. |
Procedure of the Tribunal |
24. |
Expulsions |
25. |
Role of the Department of Education |
Agreements relating to enforcement
26. |
Validity and revision of agreements |
CHAPTER II
FURTHER AND HIGHER EDUCATION
Interpretation of this Chapter
27. |
Interpretation of this Chapter |
Duties of responsible bodies
28. |
Discrimination against disabled students and prospective students |
29. |
Meaning of "discrimination" |
30. |
Disabled students not to be substantially disadvantaged |
Enforcement, etc.
31. |
Enforcement, remedies and procedures |
32. |
Occupation of premises by educational institution |
33. |
Validity and revision of agreements of responsible bodies |
CHAPTER III
GENERAL QUALIFICATIONS BODIES
34. |
General qualifications bodies: discrimination and harassment |
35. |
Meaning of "discrimination" |
36. |
Meaning of "harassment" |
37. |
General qualifications bodies: duty to make adjustments |
38. |
Chapter III: claims, leased premises and certain agreements |
39. |
Chapter III: regulations |
CHAPTER IV
MISCELLANEOUS
40. |
Extension of role of Equality Commission |
41. |
Codes of practice |
42. |
Conciliation for disputes under this Part |
43. |
Victimisation |
44. |
Aiding unlawful acts |
45. |
Liability of employers and principals |
46. |
Statutory authority and national security |
47. |
Application to Crown, etc. |
48. |
Relationship of this Part with the 1995 Act |
PART IV
SUPPLEMENTARY
49. |
Regulations and orders |
50. |
Amendments and repeals |
SCHEDULES:
Schedule 1 |
Schedule substituted for Schedule 2 to the 1996 Order |
Schedule 2 |
Enforcement and procedure |
Schedule 3 |
Premises occupied by educational institutions under leases |
Schedule 4 |
Amendments to the Equality (Disability, etc.) (Northern Ireland) Order 2000 |
Schedule 5 |
Minor and consequential amendments |
Schedule 6 |
Repeals |
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
At the Court at Windsor Castle, the 6th day of April 2005
Present,
The Queen's Most Excellent Majesty in Council
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) 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 Special Educational Needs and Disability (Northern Ireland) Order 2005.
(2) The following provisions of this Order come into operation on such day or days as the Department of Education may appoint by order -
(a) Part II, together with Schedule 1;(b) Chapter I of Part III, together with Part I of Schedule 2;(c) Chapter III of Part III;(d) Articles 43 to 48, so far as relating to Chapters I and III of Part III;(e) Article 50(1), together with Schedule 5;(f) Article 50(2), together with Schedule 6, except so far as relating to the Disability Discrimination Act 1995 (c.50).(3) The following provisions of this Order come into operation on such day or days as the Department for Employment and Learning may appoint by order -
(a) Chapter II of Part III, together with Part II of Schedule 2 and Schedule 3;(b) Articles 43 to 48, so far as relating to Chapter II of Part III; and(c) Article 50(2), together with Schedule 6, so far as relating to the Disability Discrimination Act 1995 (c.50).(4) An order bringing into operation any provision of Article 30 may, in particular, include provision for the duty imposed by Article 30(1) to have effect with such modifications as may be specified in the order for a period which ends -
(a) on a date so specified; or(b) on the making by the Department for Employment and Learning of an order bringing the period to an end.Interpretation
2. - (1) The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.
(2) In this Order -
"act" includes deliberate omission;
"employment" has the same meaning as in the 1995 Act, and related expressions shall be construed accordingly;
"Minister of the Crown" includes the Treasury;
"premises" includes land of any kind;
"statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c.33);
"the 1986 Order" means the Education and Libraries (Northern Ireland) Order 1986 (NI 3);
"the 1995 Act" means the Disability Discrimination Act 1995 (c. 50);
"the 1996 Order" means the Education (Northern Ireland) Order 1996 (NI 1).
(3) Section 1 of, and Schedule 1 to, the 1995 Act and any regulations thereunder (meaning of "disability" and "disabled person") apply for the purposes of this Order as they apply for the purposes of that Act.
PART II
SPECIAL EDUCATIONAL NEEDS
Education in ordinary schools
Education in ordinary schools of children with special educational needs
3. - (1) In the 1996 Order for Article 7 substitute -
"Duty to educate children with special educational needs in ordinary schools
7. - (1) This Article applies to a child with special educational needs who should be educated in a grant-aided school.
(2) If no statement is maintained under Article 16 for the child, he shall be educated in an ordinary school.
(3) If a statement is maintained under Article 16 for the child, he shall be educated in an ordinary school unless that is incompatible with -
(a) the wishes of his parent, or(b) the provision of efficient education for other children.Education otherwise than in ordinary schools
7A - (1) Article 7(2) does not require a child to be educated in an ordinary school during any period in which -
(a) he is admitted to a special school for the purposes of an assessment under Article 15 of his educational needs and his admission to that school is with the agreement of - (i) the board;(ii) the Board of Governors of the school;(iii) his parent; and(iv) any person whose advice is to be sought in accordance with regulations made under paragraph 2 of Schedule 1;(b) he remains admitted to a special school, in prescribed circumstances, following an assessment under Article 15 at that school;(c) he is admitted to a special school, following a change in his circumstances, with the agreement of - (i) the board;(ii) the Board of Governors of the school; and(iii) his parent.(2) Article 7 does not affect the operation of -
(a) Article 10; or(b) paragraph 5 of Schedule 2.(3) If a board decides -
(a) to make a statement for a child under Article 16, but(b) not to name in the statement the school for which a parent has expressed a preference under paragraph 5 of Schedule 2,it shall, in making the statement, comply with Article 7(3).
(4) A board may, in relation to its ordinary controlled schools taken as a whole, rely on the exception in Article 7(3)(b) only if it shows that there are no reasonable steps that it could take to prevent the incompatibility.
(5) A board or a Board of Governors may, in relation to a particular ordinary school, rely on the exception in Article 7(3)(b) only if it shows that there are no reasonable steps that either of them could take to prevent the incompatibility.
(6) The exception in Article 7(3)(b) does not permit a Board of Governors to fail to comply with the duty imposed by Article 16(5)(b).
(7) Boards and Boards of Governors of grant-aided schools shall have regard to guidance about Article 7 and this Article issued by the Department.
(8) That guidance shall, in particular, relate to steps which may, or may not, be regarded as reasonable for the purposes of paragraphs (4) and (5).".
General duties of boards
Advice and information for parents
4. In the 1996 Order, after Article 21 insert -
"General duties of boards
Advice and information for parents
21A. - (1) A board shall arrange for the parent of any child in its area with special educational needs to be provided with advice and information about matters relating to those needs.
(2) In making the arrangements, the board shall have regard to any guidance given by the Department.
(3) The board shall take such steps as it considers appropriate for making the services provided under paragraph (1) known to -
(a) the parents of children in its area;(b) the principals and Boards of Governors of grant-aided schools in its area;(c) the principals and proprietors of independent schools in its area; and(d) such other persons as it considers appropriate.".Resolution of disputes
5. In the 1996 Order after...
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