Chapter 1Schools

Duties of responsible bodies

28ADiscrimination against disabled pupils and prospective pupils

1

It is unlawful for the body responsible for a school to discriminate against a disabled person—

a

in the arrangements it makes for determining admission to the school as a pupil;

b

in the terms on which it offers to admit him to the school as a pupil; or

c

by refusing or deliberately omitting to accept an application for his admission to the school as a pupil.

2

It is unlawful for the body responsible for a school to discriminate against a disabled pupil in the education or associated services provided for, or offered to, pupils at the school by that body.

3

The Secretary of State may by regulations prescribe services which are, or services which are not, to be regarded for the purposes of subsection (2) as being—

a

education; or

b

an associated service.

4

It is unlawful for the body responsible for a school to discriminate against a disabled pupil by excluding him from the school, whether permanently or temporarily.

5

The body responsible for a school is to be determined in accordance with Schedule 4A, and in the remaining provisions of this Chapter is referred to as the “responsible body”.

6

In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.