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84.   Determination of special educational needs

Revised Laws of Saint Lucia (2021)

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84.   Determination of special educational needs

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    (1)   Before a determination is made under subsection (2), the following procedures shall be followed—

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      (a)     the student shall be referred to the Chief Education Officer for a determination of the assessments that may be required to be performed;

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      (b)     the parent of the student shall receive written information concerning the procedures outlined in this section;

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      (c)     prior written informed consent by a parent for the administration to the student of the psychological and other specialised tests that are not routinely used by teachers shall be obtained;

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      (d)     where possible, the assessment shall be multi-disciplinary;

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      (e)     the results of the assessment reports shall be provided and explained to the parent;

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      (f)     a parent and, where appropriate, the student shall be consulted prior to the determination of and during the implementation of the special education programme; and

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      (g)     the parents shall be provided with information concerning the right of appeal to the Education Appeal Tribunal.

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    (2)   Subject to subsection (1), the principal in consultation with professional staff and parents or, where a child is not in attendance at a school, the Chief Education Officer, in consultation with professional staff and parents, shall determine whether a student is a student with special educational needs; and, if so what special education programme is appropriate to meet the needs of that student.

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    (3)   Parents shall have the right to request for their children a determination in accordance with this section.

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    (4)   A principal may invite a parent to be a member of a school based team that is established for the provision of a special education programme for a student.

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    (5)   The school based team referred to in subsection (4) shall comprise persons selected on the basis of their expertise by the principal of a school to advise on a programme specified to the needs of a particular student or group of students.

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    (6)   Where there is more than one parent for a child, consultation with one parent shall be deemed to be compliance with any consultation requirements of this section.

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