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Page 25
I really like this bit of the Code - You have a right to mainstream AND SHOCK you can request a Special school without an EHCP in certain circumstance! Throw that at the LA- It terrifies them.. Ha
1.26 As part of its commitments under articles 7 and 24 of the United Nations Convention of the Rights of Persons with Disabilities, the UK Government is committed to inclusive education of disabled children and young people and the progressive removal of barriers to learning and participation in mainstream education. The Children and Families Act 2014 secures the general presumption in law of mainstream education in relation to decisions about where children and young people with SEN should be educated and the Equality Act 2010 provides protection
from discrimination for disabled people.
1.27 Where a child or young person has SEN but does not have an EHC plan they must be educated in a mainstream setting except in specific circumstances (see below). The School Admissions Code of Practice requires children and young people with SEN to be treated fairly. Admissions authorities:
• must consider applications from parents of children who have SEN but do not have an EHC plan on the basis of the school’s published admissions criteria as part of normal admissions procedures
• must not refuse to admit a child who has SEN but does not have an EHC plan because they do not feel able to cater for those needs
• must not refuse to admit a child on the grounds that they do not have an EHC plan
1.28 The Equality Act 2010 prohibits schools from discriminating against disabled children and young people in respect of admissions for a reason related to their disability. Further education (FE) colleges manage their own admissions policies and are also
prohibited from discriminating against disabled young people in respect of admissions. Students will need to meet the entry requirements for courses as set out by the college, but should not be refused access to opportunities based on whether or not they have SEN

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