# The Special Educational Needs and Disability (Northern Ireland) Order 2005, Article 28: Discrimination against disabled students and prospective students

Extent: N.I.

(1) It is unlawful for the body responsible for an educational institution to discriminate against a disabled person—
(a) in the arrangements it makes for determining admissions to the institution;
(b) in the terms on which it offers to admit him to the institution; or
(c) by refusing or deliberately omitting to accept an application for his admission to the institution.
(2) It is unlawful for the body responsible for an educational institution to discriminate against a disabled student in the student services it provides, or offers to provide.
(3) It is unlawful for the body responsible for an educational institution to discriminate against a disabled student by suspending or expelling him from the institution.
(3A) It is unlawful for the body responsible for an educational institution to discriminate against a disabled person—
(a) in the arrangements which it makes for the purpose of determining upon whom to confer a qualification;
(b) in the terms on which it is prepared to confer a qualification on him;
(c) by refusing or deliberately omitting to grant any application by him for a qualification; or
(d) by withdrawing a qualification from him or varying the terms on which he holds it.
(3B) It is unlawful for the body responsible for an educational institution to subject to harassment a disabled person who—
(a) holds or applies for a qualification conferred by the institution;
(b) is a student at the institution; or
(c) seeks admission as a student to the institution.
(4) In the case of an act which constitutes discrimination by virtue of Article 43, this Article also applies to discrimination against a person who is not disabled.

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Source: https://www.legislation.gov.uk/nisi/2005/1117/article/28 (the official version)
Page: https://openlegislation.uk/special-educational-needs-and-disability-northern-ireland-order-2005/article-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.