This legislation has been repealed.
Exception-special services or facilities39. Exception-special services or facilities An educational authority may discriminate against a person on the basis of impairment if- (a) in order to participate or continue to participate in, or to derive or continue to derive substantial benefit from, the educational program of the authority- (i) the person requires or would require special services or facilities; and (ii) it is not reasonable in the circumstances for those special services or facilities to be provided; or (b) the person could not participate or continue to participate in, or derive or continue to derive substantial benefit from, the educational program even after the provision of special services or facilities.