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140Assessments relating to learning difficulties

(1)    Subsection (2) applies if—

(a)    a local education authority maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and

(b)    the Secretary of State believes that the person will leave school at the end of his last year of compulsory schooling to receive post-16 education or training (within the meaning of Part I of this Act) or higher education (within the meaning of the Education Reform Act 1988).

(2)    The Secretary of State must arrange for an assessment of the person to be conducted at some time during the person's last year of compulsory schooling.

(3)    The Secretary of State may at any time arrange for an assessment to be conducted of a person—

(a)    who is in his last year of compulsory schooling or who is over compulsory school age but has not attained the age of 25,

(b)    who appears to the Secretary of State to have a learning difficulty (within the meaning of section 13), and

(c)    who is receiving, or in the Secretary of State's opinion is likely to receive, post-16 education or training (within the meaning of Part I of this Act) or higher education (within the meaning of the Education Reform Act 1988).

(4)    For the purposes of this section an assessment of a person is an assessment resulting in a written report of—

(a)    his educational and training needs, and

(b)    the provision required to meet them.

(5)    A local education authority must send a copy of a statement maintained by it under section 324 of the Education Act 1996 to the Secretary of State on his request.

(6)    In its application to Wales this section shall have effect with the following modifications (in addition to those specified in section 150)—

(a)    the reference to Part I of this Act shall be construed as a reference to Part II, and

(b)    the reference to section 13 shall be construed as a reference to section 41.

NOTES
Initial Commencement
To be appointed

To be appointed: see s 154(3), (4).

Further & Higher Education92 Education Law92

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