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Education (Additional Support for Learning) (Scotland) Act 2009

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Pre-school children

9Functions of education authority in relation to certain pre-school children with additional support needs

In section 5 of the 2004 Act (general functions of education authority in relation to additional support needs), for subsections (2) and (3) substitute—

(2)Where a child falling within subsection (3) has been brought to the education authority’s attention as appearing to have needs of the type mentioned in subsection (3)(c), the authority must (unless the child’s parent does not consent)—

(a)in accordance with the arrangements made by them under section 6(1), establish whether the child does have such needs, and

(b)provide such additional support as is appropriate for the child.

(3)A child falls within this subsection if the child—

(a)is under school age (unless the child is a prescribed pre-school child),

(b)belongs to the authority’s area, and

(c)appears to have additional support needs arising from a disability (within the meaning of the Disability Discrimination Act 1995 (c. 50)) which the child has..

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