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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.

  
Clause 1
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
     Page 1, line 15, leave out from ("school") to end of line 19 and insert ("where it is judged in the best interests of the child and is in accordance with the ascertainable wishes of the child") 
  
BY THE BARONESS DAVID
THE LORD RIX
 
     Page 1, line 17, after ("parent") insert ("and the ascertainable wishes of the child") 
  
BY THE LORD LUCAS
 
     Page 1, line 17, after ("parent,") insert--
    ("(  )  if appropriate, his wishes,")
 
     Page 1, line 19, at end insert--
 
    ("(3A)  If subsection (3)(a) or (b) above apply to a child, he shall be educated at a school which is not a mainstream school.")
 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
     Page 1, line 19, at end insert--
 
    ("(  )  Her Majesty's Chief Inspector of Schools shall report of the Secretary of State on the use of subsection (3)(a) and (b) above.")
 
  
BY THE LORD LUCAS
 
     Page 2, line 9, after ("the") insert ("excess") 
     Page 2, leave out lines 39 to 46 
     Page 3, line 10, at end insert--
 
    ("(  )  In making a decision under subsections (5) and (6) above, the efficient use of resources may not be taken into account.")
 
  
BY THE LORD ADDINGTON
 
     Page 3, line 10, at end insert--
 
    ("(  )  Reasonable steps taken in subsections (5) and (6) shall include--
    (a)  taking account of the inclusion statement in the National Curriculum;
    (b)  arranging for additional staff to work in the classroom;
    (c)  making arrangements to accommodate the medical needs of pupils; and
    (d)  changes to the timetable to accommodate the special educational needs of the child.")
 
  
BY THE LORD LUCAS
 
     Page 3, line 30, after ("needs") insert (", or who believes that their child may have such needs,") 
  
After Clause 1
 
  
BY THE LORD LUCAS
 
     Insert the following new Clause-- 
     ("  .  In the 1996 Act, insert the following section--Special Educational Needs Tribunal: establishment of conciliation service.
 Conciliation service.     333A. The Tribunal may establish and maintain a conciliation service."") 
     Insert the following new Clause-- 
      ("  .  In section 312(1) of the 1996 Act (definitions), after "difficulty" insert ", or a difficulty in accessing education suitable for his abilities,".")Access of suitable education for child with learning difficulty.
  
BY THE BARONESS DARCY DE KNAYTH
 
     Insert the following new Clause-- 
      ("  .  In paragraph 10(4) of Schedule 27 to the 1996 Act, leave out all the words after "statement" in line 4 and insert--
    (a)  they shall give notice in writing to the parent of his right under paragraph (b) below to appeal to the Special Educational Needs Tribunal; and
    (b)  the parent may appeal against the description in the statement of the authority's assessment of the child's special educational needs, or the special educational provision specified in the statement or, if no school is named in the statement, that fact."")
Amendment of statement: appeals.
  
BY THE LORD LUCAS
 
     Insert the following new Clause-- 
      ("  .  In paragraph 10 of Schedule 27 to the 1996 Act (serving on notice by local education authority), after sub-paragraph (4) insert--
        (4A)  A local education authority may not, under this paragraph, amend a statement if--
      (a)  the parent of the child has appealed under this paragraph against the authority's determination to amend the statement, and
      (b)  the appeal has not been determined by the Tribunal or withdrawn."")
Amendment of statement: appeals
(No. 2).
  
Clause 2
 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
     Page 3, line 31, at end insert ("and to their entitlements under this and previous education Acts") 
  
After Clause 2
 
  
BY THE LORD LUCAS
 
     Insert the following new Clause-- 
 
        ("  .  In the 1996 Act, insert the following section--
Research.
 Duty to research.     318A.--(1)  The Secretary of State may fund research into the operation of this Part, and into the effectiveness of alternative methods of educating children with special educational needs.
        (2)  For the purposes of such research, a local education authority shall collect such data as the Secretary of State may require.
        (3)  For the purposes of such research, a school shall provide a local education authority with such data as may be required for the purposes of subsection (2) above."")
 
     Insert the following new Clause-- 
 
        ("  .  In the 1996 Act, insert the following section--
Special educational provision: interests of child.
 Interests of child.     315ZA.  A local education authority shall at all times act in the best interests of a child for whom they are responsible."") 
  
Clause 3
 
  
BY THE LORD LUCAS
 
     Page 4, line 13, after ("made") insert ("in a statement") 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
     Page 4, line 15, after ("persons") insert ("knowledgeable about issues arising in special educational needs provision") 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
     Page 4, line 29, at end insert ("nor shall they add unreasonably to the length of time taken to resolve disputes") 
     Page 4, line 29, at end insert--
        ("(  )  The authority must inform the parent that arrangements for the resolution of disputes cannot affect the entitlement of a parent to appeal to the Tribunal.")
 
  
Clause 4
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
     Page 5, line 5, at end insert--
        ("(  )  In fulfilment of this condition, the authority shall be required to submit to the tribunal on or before the prescribed date written confirmation that it has complied with the order.")
 
  
Clause 5
 
  
BY THE LORD LUCAS
 
     Page 5, line 16, at end insert (", save only for the purposes of statistical reporting of the results of the appeals") 
  
Clause 8
 
  
BY THE LORD LUCAS
 
     Page 7, line 20, after ("than") insert ("10 days nor more than") 
     Page 7, line 23, at end insert ("unless the child's parent consents in writing to such an action") 
     Page 7, line 38, after ("parent") insert ("or responsible body") 
  
After Clause 8
 
  
BY THE LORD LUCAS
 
     Insert the following new Clause-- 
  
        ("  .  In section 323(3) of the 1996 Act (assessment of educational needs), after "an" insert "independent".")
Independent assessment of educational needs by local education authority.
     Insert the following new Clause-- 
  
        ("  .  In section 328 of the 1996 Act (reviews of educational needs), after subsection (6) insert--
        (7)  If a review of a statement under this section concludes that the statement should be amended, the local authority shall take the appropriate steps to so amend the statement."")
Review of statement.
 
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