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Education (Additional Support for Learning) (Scotland) Act 2004

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Duty to comply with placing requestsS

2(1)Where the parent of a child having additional support needs makes a request to an education authority to place the child in the school specified in the request, being a school under their management, it is the duty of the authority, subject to paragraph 3, to place the child accordingly.S

(2)Where the parent of a child having additional support needs makes a request to the education authority for the area to which the child belongs to place the child in the school specified in the request, not being a public school but being—

(a)a special school the managers of which are willing to admit the child,

(b)a school in England, Wales or Northern Ireland the managers of which are willing to admit the child and which is a school making provision wholly or mainly for children (or as the case may be young persons) having additional support needs, or

(c)a school at which education is provided in pursuance of arrangements entered into under section 35 of the 2000 Act,

it is the duty of the authority, subject to paragraph 3, to meet the fees and other necessary costs of the child’s attendance at the specified school.

(3)A request made under sub-paragraph (1) or (2) is referred to in this Act as a “placing request” and the school specified in it is referred to in this schedule as the “specified school”.

(4)Where a placing request relates to 2 or more schools being—

(a)schools under the management of the education authority to whom it is made, or

(b)schools mentioned in sub-paragraph (2)(a), (b) or (c) the managers of which are willing to admit the child in respect of whom the request is made,

the duty imposed by sub-paragraph (1) or, as the case may be, sub-paragraph (2) applies in relation to the first mentioned such school, which is to be treated for the purposes of this schedule as the specified school.

[F1(5)In sub-paragraph (1), the reference to an education authority includes an education authority which are not responsible for the school education of the child.]

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Commencement Information

I1 Sch. 2 para. 2 in force at 14.11.2005 by S.S.I. 2005/564 , art. 2

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