ABSTRACT
From September 2002 new legislation brought a subtle but important change for those of us involved in the inclusion of pupils with learning difficulties. The Special Educational Needs and Disability Act (2001) amended Part 4 the Disability Discrimination Act (1995) to include schools and educational services. This Act strengthens the right of parents of children with learning difficulties and other disabilities and special educational needs to choose a mainstream school placement for their child, so long as that is compatible with the efficient education of other children. The new duties make it unlawful for responsible bodies to discriminate without justification against disabled pupils, and prospective pupils, in all aspects of school life. The principle behind the legislation is that, wherever possible, disabled people should have the same opportunities as non-disabled people in their access to education. The duties cover admissions, education and associated services, and exclusions. The ‘responsible body’ for a school is ultimately liable and responsible for the actions of all employees, and anyone working with the authority of the school. In maintained schools the responsible body is usually the governing body. The requirements of the Act are anticipatory; schools are required to plan for pupils with disabilities even where there currently are no pupils with disabilities.
