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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Where an education authority, in carrying out their duty to provide school education to a child of school age, provide that education in a school, they shall unless one of the circumstances mentioned in subsection (3) below arises in relation to the child provide it in a school other than a special school.
(2)If a child is under school age, then unless one of the circumstances mentioned in subsection (3) below arises in relation to the child, an education authority shall, where they—
(a)provide school education in a school to the child, provide it in; or
(b)under section 35 of this Act, enter into arrangements for the provision of school education in a school to the child, ensure that the arrangements are such that the education is provided in,
a school other than a special school.
(3)The circumstances are, that to provide education for the child in a school other than a special school—
(a)would not be suited to the ability or aptitude of the child;
(b)would be incompatible with the provision of efficient education for the children with whom the child would be educated; or
(c)would result in unreasonable public expenditure being incurred which would not ordinarily be incurred,
and it shall be presumed that those circumstances arise only exceptionally.
(4)If one of the circumstances mentioned in subsection (3) above arises, the authority may provide education for the child in question in a school other than a special school; but they shall not do so without taking into account the views of the child and of the child’s parents in that regard.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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