41Exception—not reasonable for educational authority to make adjustments

41 Exception—not reasonable for educational authority to make adjustments An educational authority may discriminate against a person on the basis of the person's disability if— (a) the person requires adjustments in order to participate in or continue to participate in or derive or continue to derive any substantial benefit from an educational program of the educational authority; and (b) the educational authority has complied with section 40; and (c) either— (i) the adjustments are not reasonable, having regard to the facts and circumstances set out in section 40(3); or (ii) the person could not or cannot participate in or continue to participate in or derive or continue to derive any substantial benefit from the educational program even after the adjustments are made.