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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 Second Marshalled List of Amendments to the Special Educational Needs and Disability Bill [H.L.] to be moved in Grand Committee in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
After Clause 1
 
  
BY THE BARONESS DARCY DE KNAYTH
 
32     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."")Advice on special educational needs.
33     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).")
Substitution of new statement.
34     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."")
Preference of school.
  
BY THE LORD LUCAS
 
35     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."") 
36     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 to suitable education for child with learning difficulty.
  
BY THE BARONESS DARCY DE KNAYTH
 
37     Insert the following new Clause-- 
      ("  .  In paragraph 10(4) of Schedule 27 to the 1996 Act, leave out all the words after second "statement" 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
 
38     Insert the following new Clause-- 
      ("  .  In paragraph 10 of Schedule 27 to the 1996 Act (serving of notice by local education authority), after sub-paragraph (4) insert--
        (4AA)  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).
  
BY THE BARONESS DAVID
THE LORD RIX
THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
39     Insert the following new Clause-- 
 
        ("  .  In section 323 of the 1996 Act (assessment of educational needs), after subsection (4) insert--
        (4A)  In making an assessment under this section, the local education authority shall take account of the ascertainable wishes of the child."")
Wishes of child.
40     Insert the following new Clause-- 
     ("  .  In section 324 of the 1996 Act, after subsection (3) insert--
        (3A)  In making and maintaining a statement under this section, the local education authority shall take account of the ascertainable wishes of the child."")
Wishes of child (No. 2).
  
BY THE LORD PEARSON OF RANNOCH
 
41     Insert the following new Clause-- 
     ("  .  In the 1966 Act, after section 316, insert--Expense.
 Expense.     316AA.  In the exercise of any functions under this Part, provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision."") 
  
BY THE BARONESS BLATCH
 
42     Insert the following new Clause-- 
      ("  .  In paragraph 3(4) of Schedule 27 of the 1996 Act, after second "school" insert ", providing them with a copy of the draft statement,".")Informing schools.
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
43     Insert the following new Clause-- 
 ("STATEMENTS OF SPECIAL EDUCATIONAL NEED> 
      In section 324 of the 1996 Act at the end of subsection (2) insert--
 
and shall have regard to--
    (a)  as of paramount concern, the best interests of the child; and
    (b)  the wishes of the child's parents and, where ascertainable, also the wishes of the child; but not
    (c)  the financial resources of the authority or any policy of the authority to constrain the provision of services to support special education needs."")
Factors to be taken into account.
44     Insert the following new Clause-- 
      ("  .  In section 324 of the 1996 Act, after subsection (3) insert--
 
    (3A)  Any such specification of a special educational provision under subsection (3) shall be invalid unless it shall sufficiently state the duration and frequency thereof."")
Duration of provision.
  
Clause 2
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
45     Page 3, line 29, leave out ("with") and insert ("who has, or whose parents believe may have") 
  
BY THE LORD LUCAS
 
46     Page 3, line 30, after ("needs") insert (", or who believes that their child may have such needs,") 
  
BY THE LORD BAKER OF DORKING
 
47     Page 3, line 30, at end insert ("all alternative options on") 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
48     Page 3, line 31, at end insert ("and to their entitlements under this Act and previous Education Acts") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
49     Page 3, line 40, leave out ("proprietors") and insert ("governing bodies") 
50     Page 4, line 2, leave out ("omit paragraph 6(b)") and insert ("in paragraph 6(b), for "name of the person" substitute "names of those persons"") 
  
After Clause 2
 
  
BY THE LORD LUCAS
 
51     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."")
 
52     Insert the following new Clause-- 
 
        ("  .  In the 1996 Act, insert the following section--
Special educational provision: interests of child.
 Interests of child.     315A.  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 BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
53     Page 4, line 12, leave out ("proprietor") and insert ("relevant authority") 
  
BY THE LORD LUCAS
 
54     Page 4, line 13, after ("made") insert ("in a statement") 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
55     Page 4, line 15, after ("persons") insert ("knowledgeable about issues arising in special educational needs provision") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
56     Page 4, line 16, at end insert--
        ("(  )  Independent persons" as required in subsection (3) above, shall mean persons with no previous connection with the parents and the child, nor of any of the authorities involved in the dispute, but shall include persons of knowledge and experience relevant to the special educational needs of the child.")
 
57     Page 4, line 25, leave out ("proprietors") and insert ("relevant authorities") 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
58     Page 4, line 29, at end insert ("nor shall they add unreasonably to the length of time taken to resolve disputes") 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
THE BARONESS BLATCH
 
59     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.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
60     Page 4, line 43, after ("324,") insert--
      ("(  )  an independent school named by the parents of the child,")
 
  
BY THE LORD ASHLEY OF STOKE
 
61     Page 4, line 44, at end insert--
        ("(9)  In the arrangements made under this section with respect to a dispute arising under section 316, the local education authority must make provision for the child's views to be taken into account having regard to the child's age and maturity.")
 
  
Clause 4
 
  
BY THE BARONESS BLATCH
 
62     Page 5, line 5, at end insert ("and no prescribed period will be later than 6 months after the date on which the order was made") 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
63     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.")
 
  
BY THE BARONESS BLACKSTONE
 
64     Page 5, line 5, at end insert--
        ("(  )  Regulations under this section, so far as they relate to Wales, require the agreement of the National Assembly for Wales.")
 
 
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Prepared 26 January 2001