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 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 LORD MORRIS OF MANCHESTER
 
113A*     Page 12, line 3, leave out from ("schools") to end of line 5 and insert ("so that, within the time period prescribed, all disabled pupils will be capable of attending a mainstream school within the area of the local education authority.
 
    (1A)  Each local education authority must, in preparing their accessibility strategy, have regard to the requirement to ensure that, over a prescribed period, mainstream schools in the area are accessible for disabled children in terms of their policies, practices, procedures, curriculum and in terms of availability of auxiliary aids and adaptations.")
 
  
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 its 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 LORD NORTHBOURNE
 
121A*     Page 12, line 28, at end insert--
 
    ("(7A)  In the case of an independent school, the accessibility plan shall state that the Governors are expected to take reasonable steps over a period of years to ensure that disabled pupils and adults can gain access to the principal parts of school buildings, but that they shall not be under any requirement to make all parts of their premises accessible to disabled people.
 
    (7B)  In the case of an independent school, accessibility plans and strategies shall not oblige a school to alter or adapt their premises in ways that would change or damage features of their building which have historic or architectural significance.
 
    (7C)  In the case of independent schools, accessibility plans and strategies shall not impose any requirement to alter or adapt their premises until at least 20 years have elapsed from the date on which the plan was prepared.
 
    (7D)  In the case of independent schools, accessibility plans and strategies shall be based on recommendations made by the independent schools inspectorate.
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
122     Page 12, leave out lines 31 to 35 
  
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 of the Disability Discrimination Act 1995; and
    (f)  the extent to which the plans drawn up under section 28D of the Disability Discrimination Act 1995 have been implemented by schools.")
Reports by Chief Inspector.
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     [Withdrawn] 
128A     Insert the following new Clause-- 
     ("  .--(1)  Her Majesty's Chief Inspector of Schools shall report to the Secretary of State on--
    (a)  the quality of the special educational needs policies drawn up by the local education authorities;
    (b)  the extent to which these policies are implemented;
    (c)  the quality of the strategies drawn up by local education authorities under section 13; and
    (d)  the extent to which these strategies are implemented.
    (2)  Regulations shall make provision for monitoring the performance of local education authorities against specified indicators.")
Reports by Chief Inspector (No. 2).
  
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")
 
129A     Page 13, line 38, at end insert--
 
    ("(  )  In preparing guidance under subsection (1)(b) or (2), the Secretary of State (for England) and the National Assembly for Wales shall consult the Disability Rights Commission.")
 
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.")
 
  
BY THE LORD NORTHBOURNE
 
131A*     Page 13, line 41, at end insert--
 
    ("(  )  The Secretary of State shall make available grants to help independent schools meet the cost of accessibility plans and strategies required by this Act.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
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> 
     28EA.--(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."")
 
  
Clause 15
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
135A     Page 15, line 31, at end insert ("if to do so would incur unreasonable expenditure") 
  
BY THE BARONESS BLACKSTONE
 
136     Page 15, line 36, after ("28I") insert (", 28K(1)") 
  
Clause 17
 
  
BY THE LORD ASHLEY OF STOKE
 
137     Page 16, line 27, after ("parent") insert ("or with the leave of the Tribunal, the child") 
  
BY THE LORD ASHLEY OF STOKE
THE BARONESS WILKINS
 
138     Page 16, line 37, leave out ("may") and insert ("shall") 
  
BY THE BARONESS WILKINS
 
139     Page 16, line 40, after ("relates") insert--
    ("(  )  may in particular take account of--
          (i)  any personal hurt experienced by the person concerned;
          (ii)  any experience denied the person concerned because of the unlawful discrimination; and
          (iii)  any necessary changes to accessibility strategies and plans to ensure that the unlawful discrimination does not happen again;")
 
  
BY THE LORD ASHLEY OF STOKE
THE BARONESS WILKINS
 
140     Page 16, leave out lines 41 and 42 
 
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