(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”
(2)Where a local education authority arrange special educational provision for a child for whom they maintain a statement under section 7 of this Act it shall be the duty of the authority, if the conditions mentioned in subsection (3) below are satisfied, to secure that he is educated in an ordinary school.
(3)The conditions are that account has been taken, in accordance with section 7, of the views of the child’s parent and that educating the child in an ordinary school is compatible with—
(a)his receiving the special educational provision that he requires;
(b)the provision of efficient education for the children with whom he will be educated; and
(c)the efficient use of resources.
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 2(4)-(7) repealed (1.4.1994) by 1993 c. 35, ss. 303, 307(1)(3), Sch. 19 para. 82, Sch. 21 Pt. I; S.I. 1994/507, art. 3, Sch. 2,Appendix
Textual Amendments
F2S. 3 repealed (1.4.1994) by 1993 c. 35, ss. 303, 307(1)(3), Sch. 19 para. 82, Sch. 21 Pt.I; S.I. 1994/507, art. 4, Sch. 2,Appendix.
(1)A local [F4education] authority may make such arrangements as they think fit to enable any child in respect of whom they maintain a statement under section 7 to attend an establishment outside England and Wales which specialises in providing for children with special needs.
(2)In subsection (1) above “ children with special needs” means children who have particular needs which would be special educational needs if those children were in England and Wales.
(3)Where an authority make arrangements under this section with respect to a child, those arrangements may, in particular, include contributing to or paying—
(a)fees charged by the establishment;
(b)expenses reasonably incurred in maintaining him while he is at the establishment or travelling to or from it;
(c)those travelling expenses;
(d)expenses reasonably incurred by any person accompanying him while he is travelling or staying at the establishment;
(4)This section is not to be taken as in any way limiting any other powers of a local education authority.]
Textual Amendments
F3S. 3A inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 36, Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)
F4Word inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 9(1)(2); S.I. 1991/1883, art.3 and Sch.
(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”
(2)Where a local education authority arrange special educational provision for a child for whom they maintain a statement under section 7 of this Act it shall be the duty of the authority, if the conditions mentioned in subsection (3) below are satisfied, to secure that he is educated in an ordinary school.
(3)The conditions are that account has been taken, in accordance with section 7, of the views of the child’s parent and that educating the child in an ordinary school is compatible with—
(a)his receiving the special educational provision that he requires;
(b)the provision of efficient education for the children with whom he will be educated; and
(c)the efficient use of resources.
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 2(4)-(7) repealed (1.4.1994) by 1993 c. 35, ss. 303, 307(1)(3), Sch. 19 para. 82, Sch. 21 Pt. I; S.I. 1994/507, art. 3, Sch. 2,Appendix
Textual Amendments
F2S. 3 repealed (1.4.1994) by 1993 c. 35, ss. 303, 307(1)(3), Sch. 19 para. 82, Sch. 21 Pt.I; S.I. 1994/507, art. 4, Sch. 2,Appendix.