According to Education Minister John O’Dowd Belmont House in Londonderry and Rossmar in Limavady are currently in breach of Article 3 Subsection 7 of the Special Educational Needs and Disability (NI) Order 2005.
Foyle MLA Pat Ramsey asked the Minister which schools were in breach of the legislation.
Mr O’Dowd stated: “I understand that this question relates to Article 7 of the Education (NI) Order 1996, as substituted by Article 3 of SENDO.
“Subject to specified exemptions, Article 7 of the Education (NI) Order 1996, as substituted by Article 3 of SENDO states that children without statements of SEN should be educated in an ordinary school.
“The Chief Executive of Western Education and Library Board has confirmed that Belmont House and Rossmar special schools are currently in breach of Article 7.”
Earlier the Minister had confirmed that WELB was actively progressing the re-location of provisions from special schools to mainstream schools in line with this legislation.
Under the law educationalists have a qualified duty to secure education in ordinary school of a child for whom board maintains statement of special educational needs.