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

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Clause 10
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
92*     Page 8, line 34, at end insert ("on the grounds of the disability of that person") 
93*     Page 9, line 2, after ("pupil") insert (", on the grounds of that pupil's disability,") 
  
BY THE EARL MAR AND KELLIE
 
94     Page 9, leave out lines 5 to 9 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.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
95*     Page 9, line 11, after ("pupil") insert (", by reason of his disability,") 
  
BY THE LORD LUCAS
 
96     Page 9, line 20, at end insert--
 
    ("(  )  In section 1 of the 1995 Act (meaning of "disability" and "disabled person"), after subsection (2) insert--
        (3)  For the purposes of discrimination under this section, any child having a statement of special educational needs shall be regarded as disabled."")
 
  
Clause 11
 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
97     Page 9, line 38, after ("question") insert ("having taken steps to inform itself as fully as possible about any disabilities and identified special needs of pupils and prospective pupils") 
  
BY THE LORD ASHLEY OF STOKE
 
98*     Page 9, line 40, after ("disabled,") insert ("despite the fact that it had in place a policy and structures to find out,") 
99*     Page 10, line 2, at end insert (", despite the fact that it had in place a policy and structures to find out,") 
  
Clause 12
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
100*     Page 10, line 28, leave out ("substantial") 
  
BY THE LORD ASHLEY OF STOKE
THE EARL MAR AND KELLIE
THE BARONESS WILKINS
THE BARONESS DARCY DE KNAYTH
 
101     Page 10, leave out lines 36 to 40 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
102*     Page 10, line 41, leave out from beginning to end of line 7 on page 11 
  
BY THE EARL MAR AND KELLIE
 
103     Page 10, line 41, leave out ("may") and insert ("shall") 
  
BY THE LORD ASHLEY OF STOKE
 
104*     Page 11, leave out lines 8 to 26 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
THE LORD RIX
 
105     Page 11, line 11, leave out from ("had") to end of line 26 and insert ("to the code of practice under section 53A") 
  
BY THE LORD LUCAS
 
106     Page 11, leave out lines 12 and 13 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
107*     Page 11, line 19, leave out ("or services") and insert (", services or finance") 
  
BY THE BARONESS BLATCH
 
108*     Page 11, line 26, at end insert ("including, without prejudice to the generality of the foregoing, the consideration that the interest of disabled pupils, other pupils' and other such persons' interests will depend in part on the proportion that disabled pupils constitute of the total number of pupils in any one lesson or class or school") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
109*     Page 11, leave out lines 30 to 35 
110*     Page 11, line 37, after ("person") insert (",  or by the disabled person himself,") 
  
BY THE LORD ASHLEY OF STOKE
 
111*     Page 11, line 37, after ("person") insert ("or having regard to his age and maturity, the disabled person") 
  
Clause 13
 
  
BY THE LORD ASHLEY OF STOKE
 
112*     Page 11, line 46, after ("period,") insert ("the learning, teaching and") 
  
BY THE LORD RIX
THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
THE BARONESS BLATCH
 
113     Page 11, line 47, after ("of") insert ("and the teaching and learning arrangements at") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
114*     Page 12, line 5, at end insert--
 
    ("(  )  In preparing their accessibility strategy, each local education authority must include the estimated costs, at current prices, of the implementation of such improvements, and must if the cost cannot be found locally, forward to the Secretary of State these estimated costs with a request for capital grant to cover those costs for the years in question.")
 
  
BY THE BARONESS BLACKSTONE
 
115     Page 12, line 10, at end insert--
        ("(  )  An inspection under section 38 of the Education Act 1997 (inspections of local education authorities) may extend to the performance by a local education authority of their functions in relation to the preparation, review, revision and implementation of their accessibility strategy.")
 
116     Page 12, line 11, leave out ("(7)") and insert ("(7A)") 
  
BY THE LORD ASHLEY OF STOKE
 
117*     Page 12, line 20, after ("period,") insert ("the learning, teaching and") 
  
BY THE LORD RIX
THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
THE BARONESS BLATCH
 
118     Page 12, line 20, after ("of") insert ("and the teaching and learning arrangements at") 
  
BY THE BARONESS BLACKSTONE
 
119     Page 12, line 23, at end insert ("and must prepare further such plans at such times as may be prescribed") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
120*     Page 12, line 23, at end insert--
 
    ("(  )  In preparing their accessibility plan, each responsible body must include the estimated costs at current prices of the implementation of such improvements, and may then forward to the Secretary of State these estimated costs with a request for a capital grant to cover those costs for the years in question.")
 
  
BY THE BARONESS BLACKSTONE
 
121     Page 12, line 28, at end insert--
        ("(7A)  An inspection under the School Inspections Act 1996 may extend to the performance by the responsible body of its functions in relation to the preparation, publication, review, revision and implementation of its accessibility plan.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
122*     Page 12, line 13, leave out subsection (9) 
  
BY THE BARONESS BLACKSTONE
 
123     Page 12, line 31, leave out ("The Secretary of State may by regulations") and insert ("Regulations may") 
124     Page 12, line 39, leave out subsection (11) and insert--
        ("(11)  In relation to Wales--
      prescribed" means prescribed in regulations; and
      regulations" means regulations made by the National Assembly.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
125*     Page 13, line 3, leave out from ("to") to end of line 11 and insert ("the arrangements and facilities available and planned for the assistance of disabled pupils.") 
  
After Clause 13
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
126     Insert the following new Clause-- 
     ("  .  Her Majesty's Chief Inspector of Schools shall report to the Secretary of State on--
    (a)  the quality of the provision made by schools for children with special educational needs and disabilities;
    (b)  the extent to which schools have used their delegated budget to meet the needs of children with special educational needs and disabilities;
    (c)  the quality of policies drawn up by schools under section 317(5) of the Education Act 1996;
    (d)  the extent to which the objectives for schools' policies are achieved;
    (e)  the quality of the plans drawn up by schools under section 28D; and
    (f)  the extent to which the plans drawn up under section 28D have been implemented by schools.")
Monitoring school performance via Ofsted.
127*     Insert the following new Clause-- 
     ("  .  In carrying out its duties under section 127(6) of the School Standards and Framework Act 1998, the local education authority shall take into account--
    (a)  the quality of the provision made by schools for children with special educational needs and with disabilities;
    (b)  the extent to which schools have used their delegated budget to meet the needs of children with special educational needs and disabilities;
    (c)  the quality of the policies drawn up by schools under section 317(5) of the Education Act 1996;
    (d)  the extent to which the objectives for schools' policies are being achieved;
    (e)  the quality of plans drawn up by schools under section 13; and
    (f)  the extent to which plans drawn up under section 13 have been implemented by schools.")
Duties of LEAs.
128*     Insert the following new Clause-- 
     ("  .  Her Majesty's Chief Inspector of Schools shall report to the Secretary of State on--
    (a)  quality of the provision made by schools for children with special educational needs and with disabilities;
    (b)  the extent to which schools have used their delegated budget to meet the needs of children with special educational needs and disabilities;
    (c)  the quality of the policies drawn up by schools under section 317(5) of the Education Act 1996;
    (d)  the extent to which the objectives for schools' policies are being achieved;
    (e)  the quality of plans drawn up by schools under section 13;
    (f)  the extent to which plans drawn up under section 13 have been implemented by schools.")
Reports by Chief Inspector.
  
Clause 14
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
129*     Page 13, line 25, after ("strategy;") insert--
    ("(  )  the need to apply to the Secretary of State where necessary for such extra resources as are needed to implement the strategy")
 
130*     Page 13, line 41, at end insert (", and must specify how and from whom such resources are to be obtained.") 
131*     Page 13, line 41, at end insert--
 
    ("(  )  The responsible body may make a request of the Secretary of State for such extra resources as are necessary to implement the accessibility plan, and implementation of that plan then becomes dependent upon provision of such resources by the Secretary of State.")
 
132*     Page 14, line 1, leave out ("proprietor") and insert ("governing body") 
133*     Page 14, line 8, leave out ("proprietor") and insert ("governing body") 
134*     Page 14, line 14, leave out ("proprietor") and insert ("governing body") 
  
After Clause 14
 
  
BY THE BARONESS WILKINS
 
135*     Insert the following new Clause-- 
     ("  .  In the 1995 Act, insert the following section--Accessible information policies.
 ACCESSIBLE INFORMATION POLICIES> 
     28F.--(1)  Each local education authority must prepare in writing and in accessible format a policy (their "accessible information policy") for ensuring that all written information available to non-disabled children and parents is available to disabled children and disabled parents in their preferred, accessible format, at the time they need it.
 
    (2)  Each local education authority must appoint a named officer to be responsible for implementing and monitoring the accessible information policy including planning localised production of information in accessible format and disseminating advice and information to schools, disabled parents and disabled pupils.
 
    (3)  It is the duty of each local education authority to implement their accessible information policy.
 
    (4)  It is the duty of each local education authority to publicise their accessible information policy to disabled children and parents.
 
    (5)  Each school must prepare in writing and in alternative formats a policy (their "accessible information policy") for ensuring that written information available to non-disabled pupils and parents is available to disabled pupils and parents in their preferred, accessible format, at the time they need it.
 
    (6)  It is the duty of each school to implement their accessible information policy.
 
    (7)  It is the duty of each school to publicise their accessible information policy to disabled children and parents.
 
    (8)  Guidance under subsections (1) to (7) may be issued--
    (a)  for England, by the Secretary of State; and
    (b)  for Wales by the National Assembly.
    (9)  Written information" includes correspondence, curriculum information, reading materials required to support a child's learning and any other type of information which is otherwise made available to pupils or parents.
 
    (10)  Accessible format" means information in large print, in braille, in Moon, on tape, on disc or in another electronic format, on video, in easy English or in any other format designed to be accessible to disabled people who have difficulty reading standard print.
 
    (11)  School" means--
    (a)  a maintained school or a maintained nursery school;
    (b)  a pupil referral unit;
    (c)  a city technology college, a city college for the technology of the arts or a city academy;
    (d)  an independent school; and
    (e)  a special school not maintained by a local education authority."")
 
 
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Prepared 22 January 2001