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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10715
Experience:  Barrister 17 years experience
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Is it legal for a sixth form school to ask a student to sign

Resolved Question:

Is it legal for a sixth form school to ask a student to sign a behavioural contract, if they have an educational statement of special needs
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. It is legal for a sixth form school to ask a special needs student to sign a behavioural contract. However, the wording of this contract is crucial as it must take account of the student's special needs in order that it conforms to the Disability Discrimination Act. If the wording and terms of the contract impose a burden on the student which does not take account of the special needs & disability ofo the student, then any terms which conflict with the needs of the student are unenforceable and invalid and the student should refuse to sign such a behavioural contract. Accordingly, if your child is the special needs student, you should strike out any clauses in the behavioural contract which might be broken because of your child's special needs, as it is unlawful for the school to ask a special needs student to sign any contract which impinges upon his disability. So you should read the behavioural contract carefully and ensure it conforms to the law, which obliges the school to uphold the disability and special needs of your child. However, asking the child to sign a behavioural contract is not per se unlawful, as good behaviour is expected of all students, so long as this is within their capacity to act. So you need to ensure the behavioural contract respects the special needs of your child.

Buachaill :

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