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

back to previous amendments
 
  
Clause 5
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
65     Page 5, line 16, leave out ("withdrawn") and insert ("granted to the parent") 
  
BY THE LORD LUCAS
 
66     Page 5, line 16, at end insert (", save only for the purposes of statistical reporting of the results of the appeals") 
  
Before Clause 7
 
  
BY THE BARONESS BLATCH
 
67     Insert the following new Clause-- 
 
        ("  .  The code of practice shall require that all pupils with special educational needs, with statements and without, shall be set clear objectives concerning academic progress, including progress in reading, against which the provision specified or provided shall be monitored and reviewed.")
Objectives concerning academic progress.
  
Clause 7
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
68     Page 6, line 3, at beginning insert--
        ("(  )  The parent of a child for whom no statement is maintained under section 324 shall be informed before special educational provision is made for him, and if the parent objects to such provision being made as being unnecessary or inappropriate, the dispute shall be resolved as provided for in section 332B of this Act, and until it is resolved, the special educational provision shall not be made.")
 
69     Page 6, line 38, leave out ("made") and insert ("proposed") 
70     Page 6, line 39, at end insert (", that the parent's consent is being sought before such provision is made, and that in the event of a dispute with the parent, it shall be resolved according to the procedures in section 332B of the Education Act 1996") 
  
Clause 8
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
71     Page 6, line 45, after ("body") insert ("or the parent of the child") 
72     Page 7, line 2, leave out ("six") and insert ("three") 
73     Page 7, line 4, leave out ("it is necessary for") and insert ("a request from the responsible body or the parent has been made to") 
74     Page 7, line 7, leave out ("deciding whether to comply") and insert ("complying") 
  
BY THE BARONESS DARCY DE KNAYTH
 
75     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.")
 
  
BY THE LORD LUCAS
 
76     Page 7, line 20, after ("than") insert ("10 days nor more than") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
77     Page 7, line 22, leave out ("decide whether to") 
  
BY THE LORD LUCAS
 
78     Page 7, line 23, at end insert ("unless the child's parent consents in writing to such an action") 
79     Page 7, line 38, after ("parent") insert ("or responsible body") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
80     Page 8, line 9, at end insert--
      ("(  )  an independent school.")
 
81     Page 8, line 14, leave out ("proprietor") and insert ("headteacher and the governing body (or both)") 
  
After Clause 8
 
  
BY THE LORD LUCAS
 
82     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.
83     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.
  
Clause 9
 
  
BY THE BARONESS BLATCH
 
84     Page 8, line 19, leave out ("not") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
85     Page 8, line 22, at end insert ("but the name of the school, institution or other arrangement made by the parent should be recorded in the statement") 
  
BY THE BARONESS BLATCH
 
86     Page 8, line 22, at end insert--
 
    ("(4B)  The local education authority must make the educational provision specified in the statement available for a minimum of one half a school term except where the child's parent notifies it in writing that they have made alternative arrangements for the child.
 
    (4C)  The local education authority must make the educational provision specified in the statement available until any appeal proceedings are concluded.")
 
  
BY THE LORD LUCAS
 
     The Lord Lucas gives notice of his intention to oppose the Question that Clause 9 stand part of the Bill. 
  
After Clause 9
 
  
BY THE LORD RIX
 
87     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.
 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."")
 
88     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."")
Duty to provide goods and services.
89     Insert the following new Clause-- 
 
        ("  .  In subsection (3) of section 120 of the School Standards and Framework Act 1998, after paragraph (a) insert--
      (aa)  include a statement setting out how provision will be made for children with special educational needs and disabilities; and".")
Early years development plans: provision for children with special educational needs and disabilities.
  
BY THE LORD LUCAS
 
90     Insert the following new Clause-- 
 
        ("  .  In section 576 of the 1996 Act (meaning of "parent"), after subsection (4) insert--
        (5)  For the purposes of Part IV of this Act, a child may exercise the rights conferred on a parent in relation to the Special Educational Needs Tribunal if that Tribunal declares that he is capable of so doing."")
Exercise of rights by child.
  
BY THE LORD JENKIN OF RODING
 
91     Insert the following new Clause-- 
     ("  .  The Secretary of State may by regulations made under this Part require local education authorities to reserve sufficient resources properly to discharge their duties under Part IV of the 1996 Act as amended by this Act.")Resources.
  
Clause 10
 
  
BY THE LORD NORTHBOURNE
 
91A*     Page 8, line 33, at beginning insert ("Subject to subsection (1A) of this section,") 
  
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") 
  
BY THE LORD NORTHBOURNE
 
92A*     Page 8, line 41, at end insert--
 
    ("unless to do so would be in the best interests of the child")
 
92B*     Page 8, line 41, at end insert--
 
    ("(1A)  An independent school may regulate its admissions--
    (a)  on the basis of the ability and aptitude of pupils,
    (b)  on the basis of its existing admissions criteria and procedures.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
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") 
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2001
Prepared 26 January 2001