9 Special education

(1)

If satisfied that a person under 21 should have special education, the Secretary shall—

(a)

agree with the person’s parents that the person should be enrolled, or direct them to enrol the person, at a particular State school, special school, special class, or special clinic; or

(b)

agree with the person’s parents that the person should have, or direct them to ensure that the person has, education or help from a special service.

(2)

Notwithstanding anything in this Act that relates to enrolment schemes, or in the enrolment scheme of any school, but subject to the rest of Part 2 (which relates to the suspension, expulsion, and exclusion of students), where there has been an agreement or direction under subsection (1), the person concerned shall be allowed to enrol at the State school, special school, special class, or special clinic, concerned or (as the case requires) to have education or help from the special service concerned.

(3)

Subject to section 10(4), where a direction has been given under subsection (1) in respect of a person, a parent who, more than 1 month after it was given, fails or refuses to comply with it commits an offence, and is liable on conviction to the penalty prescribed for failing to comply with section 20(1) (which relates to enrolling children at school).

(4)

No person shall be or continue to be enrolled at a special school, special class, or special clinic, or have or continue to have education or help from a special service, except pursuant to an agreement or direction under subsection (1).

(5)

Notwithstanding anything in section 5 or section 6,—

(a)

a child under 5 may be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school; and

(b)

a person under 21 who turned 14 in any year may in any later year be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school; and

(c)

a person under 21 who, in the opinion of the Secretary,—

(i)

has not completed the work of form 2; and

(ii)

has not completed work equivalent to the work of form 2,—

may be or continue to be enrolled at a secondary school, or in a class above form 2 at a composite school; and

(d)

a person under 21 may be or continue to be enrolled at a secondary school, or in a class above form 2 at a composite school, on or after 1 January after the person’s 19th birthday,—

pursuant to an agreement or direction under subsection (1).

(6)

Subsections (1) to (5) come into force on 1 January 1990.

(7)

The provisions set out in Schedule 1 shall have effect during the period commencing on the commencement of this Act and ending with 31 December 1989.

(8)

Schedule 1 shall expire and be deemed to have been repealed with the close of 31 December 1989.

Section 9(2): amended, on 8 July 2000, by section 26(2) of the Education Amendment Act 2000 (2000 No 21).

Section 9(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 9 compare note: repealed, on 20 May 2010, by section 6 of the Education Amendment Act 2010 (2010 No 25).