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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 Third 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 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.
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
91ZA     Insert the following new Clause-- 
     ("  .  In the 1996 Act, after section 332 insert--
        332C.  Local education authorities are required to make a statement of special educational needs for any child referred to them by a school medical officer within 6 months of the referral."")
Statement of educational need: time limit.
91ZB     Insert the following new Clause-- 
     ("  .  In the 1996 Act insert--
        343A.  The Secretary of State shall approve and fund formal training and qualifications for support staff operating to meet special educational needs within the maintained sector."")
Funding of training for support staff.
  
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."")
 
  
BY THE LORD NORTHBOURNE
 
     The Lord Northbourne gives notice of his intention to oppose the Question that Clause 10 stand part of the Bill. 
  
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 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") 
 
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