Preliminary
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provision of special education
2 Provision of special education: duties of local education authorities etc.
1
In section 8(2) of the principal Act (which requires local education authorities to have regard to certain matters in fulfilling their duty to secure provision of primary and secondary schools) for paragraph (c) there is substituted the following paragraph—
c
to the need for securing that special educational provision is made for pupils who have special educational needs; and
F32
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F33
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F44
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F45
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F46
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F47
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F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Identification and assessment of children with special educational needs
F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special schools and approved independent schools
11 Special schools and approved independent schools.
C11
In section 9 of the principal Act (county schools, voluntary schools, nursery schools and special schools) for subsection (5) there is substituted the following subsection—
5
Schools which are specially organised to make special educational provision for pupils with special educational needs and which are for the time being approved by the Secretary of State as special schools shall be known as special schools.
F152
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F153
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F1612.
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F1713. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
School attendance orders
15 Proposed school attendance order: choice of school.
P11
This section applies in any case where—
a
a local education authority propose to serve a school attendance order on the parent of a child under section 37 of the principal Act; and
b
the authority maintain a statement for that child under section 7.
2
The order shall not be served until the expiry of the period of 15 days beginning with the date on which the authority serve on the parent written notice—
a
of their intention to serve the order;
b
stating that if, before the expiry of that period, he selects a school at which he desires the child to become a registered pupil, that school will, unless the Secretary of State otherwise directs, be named in the order.
3
If, before the expiry of the period mentioned in subsection (2), the parent selects such a school, that school shall, unless the Secretary of State otherwise directs, be named in the order.
4
If the local education authority are of the opinion that—
a
the school selected by the parent as the school to be named in the order is unsuitable to the child’s age, ability or aptitude or to his special educational needs; or
b
that the attendance of the child at the school so selected would prejudice the provision of efficient education or the efficient use of resources;
the authority may, after giving the parent notice of their intention to do so, apply to the Secretary of State for a direction determining what school is to be named in the order.
5
Any direction under subsection (4) above may require the local education authority to make such amendments in the statement concerned as the Secretary of State considers necessary or expedient in consequence of his determination.
6
Where the school to be named in the school attendance order in pursuance of a direction given by the Secretary of State under this section is a school maintained by a local education authority, it shall be the duty of the authority and of the governors of the school to admit the child to the school.
F197
Where the school to be named in the school attendance order in pursuance of a direction given by the Secretary of State under this section is a grant-maintained school, it shall be the duty of the governing body of the school to admit the child to the school.
F2015. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
17 Duty of parents C2
In section 36 of the principal Act (duty of parents to secure the education of their children) after the word “ aptitude” there are inserted the words “
and to any special educational needs he may have.
”
F2218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2319. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 Interpretation and commencement.
F241
In this Act—
“ child” includes any person who has not attained the age of 19 years and is registered as a pupil at a school;
“ ordinary school” means a school which is not a special school;
“ principal Act” means the M1Education Act 1944.
C32
This Act shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint and different dates may be appointed for different provisions or different purposes.
3
Any order under this section may make such transitional provisions as appear to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions, or of any other provisions of this Act then in force, as appear to him to be necessary or expedient for the purpose or in consequence of the operation of any provisions of this Act before the coming into force of any other provision.]
21 Short title, etc.
1
This Act may be cited as the Education Act 1981, and this Act and the Education Acts 1944 to 1980 may be cited as the Education Acts 1944 to 1981.
2
This Act shall be construed as one with the principal Act.
3
The transitional provisions made by Schedule 2 to this Act shall have effect.
C44
The enactments mentioned in Schedule 3 to this Act shall have effect subject to the minor and consequential amendments specified in that Schedule; and the enactments mentioned in Schedule 4 are hereby repealed to the extent specified in the third column.
5
This Act does not extend to Scotland or Northern Ireland.
SCHEDULES
F33SCHEDULE 1 Assessments and Statements of Special Educational Needs
Sch. 1 repealed (1.4.1994 and 1.9.1994) by 1993 c. 35, ss. 303, 307(1)(3), Sch. 19 para. 82, Sch. 21 Pt.I; S.I. 1994/507, art. 4, Sch. 2, Appendix; S.I. 1994/2038, art. 3, Sch. 2,Appendix.
Part I Assessments
Regulations
1
F251
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F252
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F263
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Attendance at examinations
F272. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Statements
Form of statement
F283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Keeping and disclosure of statements
F294. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Review of statements
F305. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of statements, etc.
F316. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2 Transitional Provisions
Approval of special schools
1
Any approval given under section 9(5) of the principal Act (special schools) before the commencement of section 12 of this Act and in force immediately before that date shall have effect for the purposes of the principal Act and of regulations made under section 12 as if it had been given under section 9(5) as amended by this Act.
Special educational treatment
F342. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F353. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F375. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F386. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F397. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F408. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C5SCHEDULE 3 Minor and consequential amendments
The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Children and Young Persons Act 1933 (c. 12)
F411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The principal Act
F422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In section 50(1) of the principal Act (provisions of board and lodging)—
a
after the word “ aptitude” there are insertted the words “
and to any special educational needs he may have
”
;
b
for the words “ requiring special educational treatment” there are substituted the words “
having special educational needs
”
; and
c
for the word “ treatment”, in the second place where it occurs, there is substituted the word “
provision
”
.
4
In section 52(1) of the principal Act (recovery of cost of board and lodging) after the word “ aptitude” there are inserted the words “
or special educational needs
”
.
5F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In section 114 of the principal Act (interpretation) for the definition of “special educational treatment” there is substituted— “
“ special educational needs”
and “ special educational provision” have the same meanings given to them by section 1 of the Education Act 1981;
”
.
Education (Miscellaneous Provisions) Act 1948 (c. 40)
7
In section 5(1) of the Education (Miscellaneous Provisions) Act 1948 (provision of clothing) for the words from “receiving special” to the end there are substituted the words “
for whom special educational provision is made in pursuance of arrangements made by them
”
.
Education (Miscellaneous Provisions) Act 1953 (c. 33)
8
1
Section 6 of the Education (Miscellaneous Provisions) Act 1953 (payment of pupils’ fees at non-maintained schools) is amended as follows.
2
In subsection (2)—
F44a
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b
after the word “ pupil” in paragraph (a)(ii), in the second place where it occurs, there are inserted the words “
and any special educational needs he may have
”
; and
F44c
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d
in paragraph (b) after the word “ aptitude” there are inserted the words “
and to any special educational needs he may have
”
F46 . . .
Sch. 3 para. 9 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 paras. 1(1), 27(4), Sch.15; S.I. 1991/828, art. 3(2).
F459. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education Act 1973 (c. 16)
F4710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sex Discrimination Act 1975 (c. 65)
11
In section 23(1) of the Sex Discrimination Act 1975 (local education authorities not to discriminate in exercising functions under Education Acts), as amended by section 33(1) of the Education Act 1980, for the words “ the Education Acts 1944 to 1980” there are substituted the words “
the Education Acts 1944 to 1981
”
.
Race Relations Act 1976 (c. 74)
12
In section 18(1) of the Race Relations Act 1976 (local education authorities not to discriminate in exercising functions under Education Acts), as amended by section 33(1) of the Education Act 1980, for the words “ the Education Acts 1944 to 1980” there are substituted the words “
the Education Acts 1944 to 1981
”
.
National Health Service Act 1977 (c. 49)
F4813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education Act 1980 (c. 20)
14
In section 9(2) of the Education Act 1980 (application of that Act to special schools etc.) for the words “ in need of special educational treatment” there are substituted the words “
in respect of whom statements are maintained under section 7 of the Education Act 1981 (special educational needs)
”
.
F4915. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5016. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C6SCHEDULE 4 Repeals
The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Chapter | Short title | Extent of repeal |
|---|---|---|
7 & 8 Geo. 6. c. 31. | The Education Act 1944. | Sections 33 and 34. |
In section 37, in subsection (2) the words from “ provided that” to the end, subsection (3), in subsection (4) the words from “ requesting that another” to “ order or”, the words “ amend or”, the words from “ that the proposed” to “ child or” and the words “ as the case may be”. | ||
Section 38. | ||
1970 c. 44. | The Chronically Sick and Disabled Persons Act 1970. | Sections 25 to 27. |
1976 c. 81. | The Education Act 1976. | Section 10. |
1980 c. 20. | The Education Act 1980. | Section 10(6) and (7). |
Section 33(1). |
Act wholly repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3),583(2), Sch. 38 Pt. I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)