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Amendments to the Special Educational Needs and Disability Bill [H.L.]

Special Educational Needs and Disability Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Special Educational Needs and Disability Bill [H.L.] to be moved in Grand Committee in the House of Lords.

  
After Clause 1
 
  
BY THE BARONESS DARCY DE KNAYTH
 
     Insert the following new Clause-- 
     ("  --.  At the end of paragraph 2(2) of Schedule 26 to the 1996 Act insert "on the nature of a child's special educational needs and on the type and the amount of special educational provision required to meet them"") 
     Insert the following new Clause-- 
     ("  .--(1)  In the 1996 Act, section 326 is amended as follows.
 
    (2)  In subsection (1)(a) after "the" insert "first or subsequent" and leave out "first".
 
    (3)  Leave out subsection 1(b).
 
    (4)  In subsection (1)(c) leave out "amend the statement" and insert "substitute a new statement for the existing statement".
 
    (5)  Leave out subsection (2).")
 
     Insert the following new Clause-- 
     ("  .--(1)  Paragraph 10 of Schedule 27 to the 1996 Act is amended as follows.
 
    (2)  After sub-paragraph (1)(b) insert--
    (c)  of his right to request a meeting between an officer of the authority at which the proposed amendment can be discussed, and
    (d)  of his right to express a preference as to the maintained or maintained special school at which he wishes education to be provided.".
    (3)  In sub-paragraph (2), at end insert--
 
require the authority to arrange a meeting between an officer of the authority at which the proposed amendment can be discussed, and express a preference as to the maintained or maintained special school at which he wishes education to be provided".
 
    (4)  After sub-paragraph (3) insert--
 
    (3A)  Where a local authority amend a statement in a case where the parent of a child concerned has expressed a preference for a maintained or maintained special school at which he wishes education to be provided for his child, they shall specify the name of that school in the amended statement unless--
    (a)  the school is unsuitable to the child's age, ability or aptitude or to his special educational needs, or
    (b)  the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources."")
 
  
Clause 8
 
  
BY THE BARONESS DARCY DE KNAYTH
 
     Page 7, line 19, at end insert--
 
    ("(  )  Regulations may provide that Local Education Authorities, where they are under a duty to serve a notice under section 329A(3), shall do so within a prescribed period.")
 
  
After Clause 9
 
  
BY THE LORD RIX
 
     Insert the following new Clause-- 
     ("  .  In the Nursery Education and Grant-Maintained Schools Act 1996, insert the following section--Publication of special educational needs and disability policy.
     Insert the following new Clause-- 
     ("  .  In the 1996 Act, for subsection (3) of section 318 substitute--
        (3)  A local authority shall supply goods or services to any authority or other person (other than a governing body within subsection (1)) for the purpose only of assisting them in making for any child in respect of whose education grants are (or are to be) made under arrangements under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996 any special educational provision which any learning difficulty calls for."")
 
 Publication of special educational needs and disability policy.     3A.--(1)  Any provider of nursery education who-- 
  
    (a)  is in receipt of grant under the arrangements under section 1; and
 
  
    (b)  is not a maintained school,
 
 shall prepare and publish a special educational needs and disability policy. 
     (2)  Regulations may make provision-- 
  
    (a)  as to the content of the special educational needs and disability policy; and
 
  
    (b)  for the review and amendment of the policy."")
 
  
Clause 10
 
  
BY THE EARL MAR AND KELLIE
 
     Page 9, line 5, leave out subsection (3) and insert--
 
    ("(3)  For the purposes of subsection (2), education or associated services shall include the provision of education and services related to teaching and extracurricular or leisure activities organised by the school for the pupils attending that school.")
 
  
Clause 12
 
  
BY THE EARL MAR AND KELLIE
 
     Page 10, line 41, leave out ("may") and insert ("shall") 
  
Clause 13
 
  
BY THE LORD RIX
 
     Page 11, line 47, after ("of") insert ("and the teaching and learning arrangements at") 
     Page 12, line 20, after ("of") insert ("and the teaching and learning arrangements at") 
  
Clause 22
 
  
BY THE EARL MAR AND KELLIE
 
     Page 21, line 15, leave out ("other than an award of damages") 
     Page 21, line 16, at end insert--
 
    ("(3A)  For the avoidance of doubt, it is hereby declared that damages in respect of discrimination in a way which is unlawful under this chapter may include compensation for injury to feelings whether or not they include compensation under any other head.")
 
  
Clause 24
 
  
BY THE EARL MAR AND KELLIE
 
     Page 22, line 16, leave out ("disabled person") and insert ("person with a physical, mental, emotional or psychological disability") 
  
Clause 25
 
  
BY THE EARL MAR AND KELLIE
 
     Page 25, leave out lines 20 to 22 and insert--
 
    ("(12)  For the purposes of subsection (2), student services include the provision of education and services related to teaching and learning as well as wider services related to teaching and learning as well as wider services such as accommodation and leisure facilities provided mainly for use by students.")
 
  
Clause 27
 
  
BY THE LORD RIX
 
     Page 26, line 43, at end insert--
 
    ("(  )  Regulations may make provision, for the purposes of this section--
    (  )  as to circumstances in which is is reasonable for a responsible body to have to take steps of a prescribed description;
    (  )  as to steps which it is always reasonable for a responsible body to have to take;
    (  )  as to circumstances in which is is not reasonable for a responsible body to have to take steps of a prescribed description;
    (  )  as to steps which it is never reasonable for a responsible body to have to take.
    (  )  In order to comply with its duty under subsection (1) a responsible body may in particular take steps to
    (  )  adjust premises
    (  )  adjust course content, including work placements
    (  )  adjust teaching arrangements
    (  )  provide or arrange transport to and from a further education institution
    (  )  provide or arrange additional teaching
    (  )  provide or arrange communication support or services
    (  )  provide or arrange materials and information in alternative formats
    (  )  provide or arrange staff training
    (  )  employ support workers
    (  )  change policies, practices and procedures")
 
  
Clause 29
 
  
BY THE EARL MAR AND KELLIE
 
     Page 28, line 35, leave out ("(as the case may be)") and insert ("(in Scotland)") 
  
Clause 32
 
  
BY THE EARL MAR AND KELLIE
 
     Page 30, line 6, leave out ("disabled person") and insert ("person with a physical, mental, emotional or psychological disability") 
  
Clause 35
 
  
BY THE EARL MAR AND KELLIE
 
     Page 31, line 2, leave out ("Codes of Practice") and insert ("a Code of Practice for England and Wales and a separate Code of Practice for Scotland") 
     Page 31, line 12, leave out ("Codes of Practice") and insert ("a Code of Practice or England and Wales and a separate Code of Practice for Scotland") 
     Page 31, line 17, at end insert (",  or
    (c)  promoting the involvement of such persons in decisions that affect them (without prejudice to the generality of this subsection, it shall be presumed that such persons include a person under the age of 18 years)")
 
  
Clause 37
 
  
BY THE BARONESS DARCY DE KNAYTH
THE LORD RIX
 
     Page 32, line 39, at end insert--
 
    ("(  )  In subsection (3) of section 19, at end insert--
    (i)  the provision of work experience placements to students.".")
 
  
Schedule 2
 
  
BY THE EARL MAR AND KELLIE
 
     Page 37, line 47, after ("conclusive") insert ("or, in Scotland, sufficient") 
     Page 38, line 2, leave out ("the contrary is proved") and insert ("challenged") 
     Page 38, line 17, at end insert ("or when the complainer could reasonably have known that the discrimination complained of had occurred") 
     Page 39, line 2, after ("conclusive") insert ("or, in Scotland, sufficient") 
     Page 39, line 5, leave out ("the contrary is proved") and insert ("challenged") 
     Page 37, line 15, at end insert ("or when the complainer could reasonably have known that the discrimination complained of had occurred") 
 
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