SCHOOL EDUCATION ACT 1999 - SECT 86

SCHOOL EDUCATION ACT 1999 - SECT 86

86 .         Child with disability, decision under s. 82 or 83 as to educational programme for

        (1)         Before deciding under section 82 whether an educational programme at a school is available or is appropriate for a child with a disability, or under section 83 whether an appropriate educational programme can no longer be provided at a school for a child with a disability, the chief executive officer is to —

            (a)         consult with the child’s parents; and

            (b)         take into account the wishes of the child’s parents, in addition to the matters specified in section 84.

        (2)         If the chief executive officer decides —

            (a)         under section 82 that an educational programme at a school is not available or is not appropriate for a child with a disability; or

            (b)         under section 83 that an appropriate educational programme can no longer be provided at a school for a child with a disability,

                the chief executive officer is to give written notice to a parent of the child of the decision and written reasons for the decision.

        (3)         A decision referred to in subsection (2) is not to be given effect to —

            (a)         until the time for applying under subsection (4) has passed; and

            (b)         if an application is made, until it has been determined,

                and a child’s enrolment at a school is to continue until a decision referred to in subsection (2)(b) takes effect.

        (4)         A parent of the child may apply in writing to the chief executive officer for a review of a decision referred to in subsection (2).

        (5)         The application is to be made within 28 days after the applicant received written notice of the decision.

        (6)         Within 90 days of the chief executive officer receiving an application made under subsection (4) —

            (a)         the chief executive officer is to refer the matter to a Disabilities Advisory Panel under section 87; and

            (b)         the Panel is to examine the matter and report to the chief executive officer with its recommendation.

        (7)         The chief executive officer is to provide the Disabilities Advisory Panel with any information or material relating to the child’s enrolment that is requested by the Panel and that is in the possession or control of the chief executive officer.

        (8)         The chief executive officer is, within 21 days after receiving the report, to give the applicant a copy of the report of the Disabilities Advisory Panel.

        (9)         The chief executive officer after considering the report may confirm, vary or reverse the decision and, within 21 days after receiving the report, is to give written notice to the applicant of the subsequent decision and written reasons for that decision.