Exemption
3.—(1)  The following classes of children of compulsory school age shall be exempt from section 3(1) of the Act:
(a)any child born on or before 1 January 2012 who is unable to attend any national primary school due to any physical, intellectual or developmental disability;
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(b)any child who receives home‑schooling (called in this paragraph a home‑schooled child), subject to —
(i)the terms and conditions in sub‑paragraph (2); and
(ii)such other terms and conditions as the Minister thinks fit;
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(c)any child who is a pupil of a designated school that meets the conditions specified in paragraph 4;
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(ca)any child who is a pupil of NorthLight School or Assumption Pathway School; and
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(d)any other child whom the Director‑General determines is unsuitable to attend any national primary school, having regard to —
(i)the interests and welfare of the child; and
(ii)the ability of the child to attend a national primary school in an orderly and safe manner.
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(2)  For the purposes of sub‑paragraph (1)(b)(i) —
(a)a home‑schooled child is subject to the following terms and conditions:
(i)a parent of the child must notify the Director‑General, in such form and manner as the Director‑General may require, of the arrangements for and the curriculum to be used for home‑schooling the child;
(ii)the Director‑General must —
(A)be satisfied that the home‑schooling arrangements for the child are appropriate and adequate; and
(B)approve the home‑schooling curriculum mentioned in sub‑paragraph (i) submitted by the parent;
(iii)each parent who provides any home‑schooling to the child possesses such qualifications as the Director‑General may require;
(iv)the parents of the child do not refuse or obstruct any home visit as the Director‑General may require; and
(b)a home‑schooled child who is not a child with special educational needs is also subject to the following terms and conditions:
(i)a parent of the child has signed an undertaking, in such form as the Director‑General may require, that the child will sit for —
(A)an assessment (however styled) of the effectiveness of the home‑schooling at such time, before the child attains the age of 11 years, as the Director‑General may determine; and
(B)the Primary School Leaving Examination, and the National Education Quiz when the child is above the age of 11 years but before the child attains the age of 15 years;
(ii)the Director‑General must at all times be satisfied that the child will perform at such level of educational achievement as the Director‑General may determine for the Primary School Leaving Examination and the National Education Quiz;
(iii)the child must, before the child attains the age of 15 years, perform, for the Primary School Leaving Examination and the National Education Quiz, at such level of educational achievement as the Director‑General may determine.
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(3)  In sub‑paragraph (2)(b), “child with special educational needs” means a child of compulsory school age who —
(a)has a physical, intellectual or developmental disability; and
(b)requires educational provision —
(i)which is additional to, or different from, the educational provision made generally for children of compulsory school age in a national primary school mentioned in paragraph (a), (b) or (c) of the definition of “national primary school” in section 2 of the Act; and
(ii)which is available only at a national primary school specified in the Schedule to the Compulsory Education (National Primary Schools) Regulations 2018 (G.N. No. S 190/2018).
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(4)  For the purposes of sub‑paragraph (2)(a)(iv), the Director‑General may conduct home visits of such number and at such reasonable times as the Director‑General may determine.
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(5)  A reference in sub‑paragraph (2)(a)(ii)(B) to a home‑schooling curriculum approved by the Director‑General in relation to a home‑schooled child includes a home‑schooling curriculum approved by the Director‑General —
(a)under paragraph 3(b)(i) of this Order as in force immediately before 1 October 2010; or
(b)under paragraph 3(1)(b)(ii) of this Order as in force immediately before 2 January 2019.
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(6)  Sub‑paragraph (2)(b)(i) does not apply if a parent of a home‑schooled child has signed, in relation to that child —
(a)a declaration mentioned in paragraph 3(b)(ii) of this Order as in force immediately before 1 October 2010; or
(b)an undertaking mentioned in paragraph 3(1)(b)(iii) of this Order as in force immediately before 2 January 2019.
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