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Special Educational Needs And Disability Act 2001

Chapter 1 of Part 2: Schools

14.This Chapter places new duties on LEAs and schools (including independent schools and non-maintained special schools) in England and Wales and on Local Authorities (LAs), independent schools, self-governing schools and grant-aided schools in Scotland. The new duties are explained in the commentary on sections 11 – 16. What follows is an overview of the new provisions:

In England, Scotland and Wales

  • a duty not to treat disabled pupils less favourably, without justification, for a reason which relates to their disability;

  • a duty to make reasonable adjustments so that disabled pupils are not put at a substantial disadvantage compared to pupils who are not disabled (but there is no duty to remove or alter physical features or provide auxiliary aids and services); and

In England & Wales only

  • a duty to plan strategically and make progress in increasing accessibility to schools' premises and to the curriculum, and in improving the ways in which written information provided to pupils who are not disabled is provided to disabled pupils.

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