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34.—(1) It is the duty of the Board of Governors of a grant-aided school to make arrangements for the provision of suitable education to a registered pupil of the school at any time when the pupil is suspended from the school.
(2) In such circumstances as the Department may determine, a board may make arrangements to assist the Board of Governors of a grant-aided school in its area in providing suitable education for a pupil in pursuance of paragraph (1).
(3) In consequence of paragraphs (1) and (2), Article 86 of the 1998 Order is amended as follows—
(a)in paragraph (1) (duty of board to make arrangements for the provision of suitable education for children of compulsory school age who by reason of illness, expulsion or suspension from school or otherwise, may not receive suitable education) for “expulsion or suspension” substitute “or expulsion”;
(b)in paragraph (2) (power of board to make arrangements for the provision of suitable education for certain children over compulsory school age who by reason of illness, expulsion or suspension from school or otherwise, may not receive suitable education) for “expulsion or suspension” substitute “or expulsion”;
(c)after paragraph (2) insert—
“(2A) Paragraphs (1) and (2) do not apply in relation to a child who is suspended from school.”.
(4) In this Article “suitable education”, in relation to a pupil, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have.
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