Section 17: Education

17. Education (1) Subject to subsections (2) and (3), no educational institution shall discriminate— (a) against a person— (i) in deciding who should be admitted as a student; (ii) by refusing or failing to accept that person’s application for admission as a student; (iii) in the way in which that person’s application is processed; or (iv) in the terms or conditions on which it is prepared to admit that person as a student; or (b) against a student by— (i) denying him access, or limiting his access, to any benefit, facility or service provided by the educational institution; (ii) expelling him; or (iii) placing him at a disadvantage in any other manner. (2) An educational institution, other than a tertiary education institution, may refuse or fail to accept a person’s application for admission as a student where— (a) the institution is only open to students of the opposite sex or students of a particular age or age group; or (b) at the level at which the person is seeking admission, the institution only, or mainly, caters for students of the opposite sex. (3) An educational institution may discriminate against a person on the basis of impairment where— (a) in order to participate or continue to participate in, or to derive or continue to derive substantial benefit from, the educational programme of the institution— (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 programme even after the provision of special services or facilities. E13A – 13 [Issue 2] Equal Opportunities Act