Explanatory Memorandum to Special Educational Needs and Disability (Northern Ireland) Order 2005

1. Introduction

2. Background and Policy Objectives

3. Consultation

4. Main Elements of the Order

   1. Part II: Special Educational Needs

      1. Chapter I of Part III: Schools.

      2. Chapter II of Part III: Further & Higher Education

      3. Chapter III of Part III: General Qualifications Bodies

      4. Chapter  IV of Part III: Miscellaneous

5. Commentary on Articles

   1. Part I – Special Educational Needs

      1. Articles 3 to 12 and Schedules 1 and 2

      2. Article 3: Education in ordinary schools of children with special educational needs

      3. Article 4: Advice and information for parents

      4. Article 5: Resolution of disputes

      5. Article 7: Appeal against content of statement

      6. Article 8: Unopposed appeals

      7. Article 9: Duty to inform parents where special educational provision made

      8. Article 10: Review or assessment of special educational needs at request of responsible body

      9. Article 11: Duty to specify named school in statement

      10. Article 12: Statements of Special Educational Needs and Schedule 1: Schedule substituted for Schedule 2 to the 1996 Order

      11. Article 44 and Schedule 5: Minor and consequential amendments

   2. Part Iii – Disability Discrimination in Education

      1. Chapter 1 – Schools

         1. Articles 13 to 26 with Schedule 2

         2. Article 14: Discrimination against disabled pupils and prospective pupils

         3. Article 15: Meaning of “discrimination”

         4. Article 16: Pupils with a disability not to be substantially disadvantaged

         5. Article 17: Accessibility strategies of Boards

         6. Article 18: Accessibility plans for Schools

         7. Article 19: Duty of Boards not to discriminate

         8. Article 20: Residual duty: Supplementary provisions

         9. Article 21: Special Educational Needs and Disability Tribunal

         10. Article 22: Jurisdiction and powers of the Tribunal

         11. Article 25: Role of the Department of Education

         12. Article 26: Validity and revision of agreements of responsible bodies

      2. Chapter II – Further and Higher Education Institutions

         1. Articles 27 to 33 with Part II of Schedule 2 and Schedule 3

         2. Article 27: Interpretation

         3. Article 28 Discrimination against disabled students and prospective students

         4. Article 29: Meaning of “discrimination”

         5. Article 30: Disabled students not to be substantially disadvantaged

         6.  Article 31 and Part II of Schedule 2: Enforcement, remedies and procedures

         7. Article 32 and Schedule 3: Occupation of premises by educational institutions

         8. Article 33 Validity and revision of agreements of responsible bodies

      3. Chapter 3 – General Qualification Bodies

         1. Articles 34 to 39

         2. Article 34: General qualifications bodies: discrimination and harassment

         3. Articles 35 and 36: Meanings of discrimination and harassment

         4. Article 37: General qualifications bodies: duty to make adjustments

         5. Article 38: Claims, leased premises and certain agreements

      4. Chapter 4 – Miscellaneous

         1. Articles 40 to 48 and Schedule 4

         2. Article 40 and Schedule 4: Extension of role of Equality Commission

         3. Article 41: Codes of practice

         4. Article 42: Conciliation for Disputes under this Part

         5. Article 43: Victimisation

         6. Article 44: Aiding unlawful acts

6. Commencement