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Self-Governing Schools etc. (Scotland) Act 1989

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71 Placing of recorded and other children and young persons in schools outwith Scotland etc.S

(1)In section 28A of the 1980 Act, as substituted by Schedule A2 to that Act (placing requests in respect of recorded children and young persons)—

(a)in subsection (1)—

(i)the words “a special school the managers of which are willing to admit the child” shall be paragraph (a) of the subsection; and

(ii)after that paragraph there shall be inserted the following paragraph—

(b)a school in England and Wales or in 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) with pronounced, specific or complex special educational needs;;

(b)in subsection (2)—

(i)for the words “special schools (other than public schools)” there shall be substituted the words “ schools mentioned in paragraph (a) or (b) of subsection (1) above ”; and

(ii)for the words “subsection (1) above” there shall be substituted the words “ that subsection ”; and

(c)in subsection (3)—

(i)in paragraph (d), for the words “special school” there shall be substituted the words “ school mentioned in paragraph (a) or (b) of subsection (1) above ”; and

(ii)in paragraph (f), for sub-paragraph (ii) there shall be substituted the following sub-paragraphs—

(ii)the authority are able to make provision for the special educational needs of the child in a school under their management;

(iia)it is not reasonable, having regard both to the respective suitability and to the respective cost (including necessary incidental expenses) of the provision for the special educational needs of the child in the specified school and in the school under the authority’s management, to place the child in the specified school; and; and

(iii)for the words “to (f)” there shall be substituted the words “ to (e) ”.

(2)In Part II of the 1980 Act, the following section shall be inserted after section 65F—

65G Attendance of certain children and young persons with special educational needs at establishments outwith United Kingdom.

(1)Without prejudice to sections 49 (power of educational authorities to assist persons to take advantage of educational facilities) and 50 (education of pupils in exceptional circumstances) of this Act, an education authority shall have power to make such arrangements as they think fit to enable a child or young person to whom subsection (2) below applies to attend an establishment (whether or not a school) outwith the United Kingdom if that establishment makes provision wholly or mainly for persons with pronounced, specific or complex special educational needs.

(2)This subsection applies to a child or young person if he has such needs as are mentioned in subsection (1) above whether or not a record of those needs is kept in respect of him under section 60 of this Act.

(3)Without prejudice to the generality of subsection (1) above, the arrangements mentioned in that subsection may include defraying, whether wholly or partly—

(a)the fees payable for the child’s or young person’s attendance and his travelling, maintenance and other expenses in respect of that attendance; and

(b)where in the opinion of the authority it would be to the advantage of the child or young person were one (or both) of his parents, or some other person, to be present with him at the establishment during the period of the attendance, such expenses of, as the case may be, the parent, parents or other person..

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