Common use of ADMISSION OF PUPILS WITH XXX AND DISABILITIES Clause in Contracts

ADMISSION OF PUPILS WITH XXX AND DISABILITIES. The Academy Trust must for each of its Academies, subject to its right of appeal to the Secretary of State, admit all pupils with a statement of SEN naming the Academy. Where an LA proposes to name one of the Academies in a statement of XXX, it must give the Academy Trust written notice of this, stating why it considers that Academy to be suitable for the pupil in question. Within 15 days of receipt of the LA’s notice, the Academy Trust must consent to being named, except where admitting the child would be incompatible with the provision of efficient education for other children, and no reasonable steps could secure compatibility. In deciding whether a child’s inclusion would be incompatible with the efficient education of other children or the efficient use of resources, the Academy Trust must have regard to the relevant Guidance issued to maintained schools. If the Academy Trust decides that admitting the child would be incompatible with the provision of efficient education or the efficient use of resources, it must, within the 15 days, notify the LA in writing, giving its reasons for its decision. The Academy Trust must then seek to establish from the LA whether or not it agrees with this determination. If the LA does not agree with the Academy Trust’s response, and names the Academy in the child’s statement of SEN, the Academy Trust must admit the child to the school as specified in the statement or otherwise by the LA. If in such case, the Academy Trust considers that the LA should not have named the Academy in the statement, it may ask the Secretary of State to determine whether the LA has acted unreasonably, and to make an order directing the LA to reconsider. The Secretary of State’s determination will be final, subject only to any right of appeal which a parent of the child may have to the First-tier Tribunal (Special Educational Needs and Disability) or the Upper Tribunal Administrative Appeals Chamber. If a parent of a child for whom the LA maintains a statement appeals to the First-tier Tribunal (Special Educational Needs and Disability), either for or against the naming of the Academy in the child’s statement, then the Tribunal’s decision will be binding, even if it is different from that of the Secretary of State. Where it has been finally determined that the Academy be named in a child’s statement of SEN, the Academy Trust must admit the child to the Academy, notwithstanding any other admissions requirements in this Agreement.

ADMISSION OF PUPILS WITH XXX AND DISABILITIES. 10.1. The Academy Trust must for each of its Academiesmust, subject to its right of appeal to the Secretary of State, admit all pupils with a statement Statement of SEN naming the Alternative Provision Academy. 10.2. Where an LA proposes to name one of the Academies Academy in a statement Statement of XXXSEN, it must give the Academy Trust written notice of this, stating why it considers that the Academy to be suitable for the pupil in question. Within 15 days of receipt of the LA’s notice, the Academy Trust must consent to being named, except where admitting the child would be incompatible with the provision of efficient education for other children, and no reasonable steps could secure compatibility. In deciding whether a child’s inclusion would be incompatible with the efficient education of other children or the efficient use of resources, the Academy Trust must have regard to the relevant Guidance issued to maintained schools. 10.3. If the Academy Trust decides that admitting the child would be incompatible with the provision of efficient education or the efficient use of resources, it must, within the 15 days, notify the LA in writing, giving its reasons for its decision. 10.4. The Academy Trust must then seek to establish from the LA whether or not it agrees with this determination. If the LA does not agree with the Academy Trust’s response, and names the Academy in the child’s statement Statement of SEN, the Academy Trust must admit the child to the school as specified in the statement or otherwise by the LA. 10.5. If in such case, the Academy Trust considers that the LA should not have named the Academy in the statement, it may ask the Secretary of State to determine whether the LA has acted unreasonably, and to make an order directing the LA to reconsider. The Secretary of State’s determination will be final, subject only to any right of appeal which a parent of the child may have to the First-tier Tribunal (Special Educational Needs and Disability) or the Upper Tribunal Administrative Appeals Chamber. 10.6. If a parent of a child for whom the LA maintains a statement appeals to the First-tier Tribunal (Special Educational Needs and Disability)) or the Upper Tribunal Administrative Appeals Chamber, either for or against the naming of the Academy in the child’s statement, then the Tribunal’s decision will be binding, even if it is different from that of the Secretary of State. 10.7. Where it has been finally determined that the Academy be named in a child’s statement Statement of SEN, the Academy Trust must admit the child to the Academy, notwithstanding any other admissions requirements in this Agreement. 10.8. Clauses 10.1 to 10.7 only apply insofar as the relevant provisions of the Children and Families Act 2014 relating to SEN and disability do not apply to Academies and Free Schools.

ADMISSION OF PUPILS WITH XXX AND DISABILITIES. 10.1. The Academy Trust must for each of its Academiesmust, subject to its right of appeal to the Secretary of State, admit all pupils with a statement Statement of SEN naming the Academy. 10.2. Where an LA proposes to name one of the Academies Academy in a statement Statement of XXXSEN, it must give the Academy Trust written notice of this, stating why it considers that the Academy to be suitable for the pupil in question. Within 15 days of receipt of the LA’s notice, the Academy Trust must consent to being named, except where admitting the child would be incompatible with the provision of efficient education for other children, and no reasonable steps could secure compatibility. In deciding whether a child’s inclusion would be incompatible with the efficient education of other children or the efficient use of resources, the Academy Trust must have regard to the relevant Guidance issued to maintained schools. 10.3. If the Academy Trust decides that admitting the child would be incompatible with the provision of efficient education or the efficient use of resources, it must, within the 15 days, notify the LA in writing, giving its reasons for its decision. 10.4. The Academy Trust must then seek to establish from the LA whether or not it agrees with this determination. If the LA does not agree with the Academy Trust’s response, and names the Academy in the child’s statement Statement of SEN, the Academy Trust must admit the child to the school as specified in the statement or otherwise by the LA. 10.5. If in such case, the Academy Trust considers that the LA should not have named the Academy in the statement, it may ask the Secretary of State to determine whether the LA has acted unreasonably, and to make an order directing the LA to reconsider. The Secretary of State’s determination will be final, subject only to any right of appeal which a parent of the child may have to the First-tier Tribunal (Special Educational Needs and Disability) or the Upper Tribunal Administrative Appeals Chamber. 10.6. If a parent of a child for whom the LA maintains a statement appeals to the First-tier Tribunal (Special Educational Needs and Disability)) or the Upper Tribunal Administrative Appeals Chamber, either for or against the naming of the Academy in the child’s statement, then the Tribunal’s decision will be binding, even if it is different from that of the Secretary of State. 10.7. Where it has been finally determined that the Academy be named in a child’s statement Statement of SEN, the Academy Trust must admit the child to the Academy, notwithstanding any other admissions requirements in this Agreement. 10.8. Clauses 9.1 to 10.7 only apply insofar as the relevant provisions of the Children and Families Xxx 0000 relating to SEN and disability do not apply to Academies and Free Schools.

ADMISSION OF PUPILS WITH XXX AND DISABILITIES. 10.1. The Academy Trust must for each of its Academiesmust, subject to its right of appeal to the Secretary of State, admit all pupils with a statement Statement of SEN SEN/ naming the Academy. 10.2. Where an LA proposes to name one of the Academies Academy in a statement Statement of XXXSEN, it must give the Academy Trust written notice of this, stating why it considers that the Academy to be suitable for the pupil in question. Within 15 days of receipt of the LA’s notice, the Academy Trust must consent to being named, except where admitting the child would be incompatible with the provision of efficient education for other children, and no reasonable steps could secure compatibility. In deciding whether a child’s inclusion would be incompatible with the efficient education of other children or the efficient use of resources, the Academy Trust must have regard to the relevant Guidance issued to maintained schools. 10.3. If the Academy Trust decides that admitting the child would be incompatible with the provision of efficient education or the efficient use of resources, it must, within the 15 days, notify the LA in writing, giving its reasons for its decision. 10.4. The Academy Trust must then seek to establish from the LA whether or not it agrees with this determination. If the LA does not agree with the Academy Trust’s response, and names the Academy in the child’s statement Statement of SEN, the Academy Trust must admit the child to the school as specified in the statement or otherwise by the LA. 10.5. If in such case, the Academy Trust considers that the LA should not have named the Academy in the statement, it may ask the Secretary of State to determine whether the LA has acted unreasonably, and to make an order directing the LA to reconsider. The Secretary of State’s determination will be final, subject only to any right of appeal which a parent of the child may have to the First-tier Tribunal (Special Educational Needs and Disability) or the Upper Tribunal Administrative Appeals Chamber. 10.6. If a parent of a child for whom the LA maintains a statement appeals to the First-tier Tribunal (Special Educational Needs and Disability)) or the Upper Tribunal Administrative Appeals Chamber, either for or against the naming of the Academy in the child’s statement, then the Tribunal’s decision will be binding, even if it is different from that of the Secretary of State. 10.7. Where it has been finally determined that the Academy be named in a child’s statement Statement of SEN, the Academy Trust must admit the child to the Academy, notwithstanding any other admissions requirements in this Agreement. 10.8. Clauses 10.1 to 10.7 only apply insofar as the relevant provisions of the Children and Families Act 2014 relating to SEN and disability do not apply to Academies and Free Schools.