C1Part IV Special educational needs
Chapter II Schools providing for special educational needs
F2Approval of non-maintained special schools
S. 342 and crossheading substituted for s. 342 (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 82 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
X1C2C3F1342 Approval of non-maintained special schools.
1
The F4appropriate national authority may approve under this section any school which—
a
is specially organised to make special educational provision for pupils with special educational needs, and
b
is not a community or foundation special school F8or an Academy school,
and may give F5... approval before or after the school is established.
2
Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.
3
Any school which was a special school immediately before 1st April 1994 shall be treated, subject to subsection (4) below, as approved under this section.
4
Regulations may make provision as to—
a
the requirements which are to be complied with by a school while approved under this section, and
b
the withdrawal of approval from a school (including approval treated as given under subsection (3)) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.
5
Without prejudice to the generality of subsections (2) and (4), the requirements which may be imposed by the regulations include requirements—
a
which call for arrangements to be approved by the F6appropriate national authority, or
b
as to the organisation of any special school as a primary school or as a secondary school.
F35A
Regulations shall make provision for securing that, so far as practicable, every pupil attending a school in England that is approved under this section—
a
receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil's parent, and
b
attends religious worship unless withdrawn from attendance at such worship—
i
in the case of a sixth-form pupil, in accordance with the pupil's own wishes, and
ii
in any other case, in accordance with the wishes of the pupil's parent.
5B
In subsection (5A) “a sixth-form pupil” means a pupil who—
a
has ceased to be of compulsory school age, and
b
is receiving education suitable to the requirements of pupils over compulsory school age.
6
Regulations shall make provision for securing that, so far as practicable, every pupil attending a F7school in Wales that is approved under this section—
a
receives religious education and attends religious worship, or
b
is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent.
Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)