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
 
  
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128     [Withdrawn] 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 
  
Clause 18
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
140A     Page 17, line 1, leave out subsection (1) and insert--
        ("(1)  The Tribunal shall establish the procedures to be followed on a claim of unlawful discrimination under this Chapter, and shall take into consideration any advice on procedure offered by the Secretary of State.")
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
141     Page 17, line 5, at end insert--
 
    ("(  )  The regulations shall make provision for consulting the child whose views shall be taken into account.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
142     Page 17, leave out lines 6 to 45 
  
BY THE LORD ASHLEY OF STOKE
 
143     Page 17, line 8, at end insert--
    ("(  )  as to the circumstances in which the claim may be brought by a child having regard to the child's age and maturity,")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
144     Page 18, line 12, leave out from ("but") to end of line 14 and insert ("the Secretary of State may direct, for a particular case, that provision in such proceedings shall correspond to all or part of that Part") 
145     Page 18, line 15, leave out ("regulations may make provision") and insert ("Secretary of State may direct, for a particular case,") 
  
Clause 21
 
  
BY THE BARONESS BLACKSTONE
 
146     Page 20, line 20, at end insert--
        ("(1A)  Subsection (1B) applies in relation to--
      (a)  special schools which are not maintained special schools but which are approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996; and
      (b)  city academies.
        (1B)  If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body--
      (a)  has acted, or is proposing to act, unreasonably in the discharge of a duty which that body has in relation to--
            (i)  the provision to the appropriate authority of copies of that body's accessibility plan, or
            (ii)  the inspection of that plan, or
      (b)  has failed to discharge that duty,
    it may give that body such directions as to the discharge of the duty as appear to it to be expedient.")
 
146A     Page 20, line 21, after ("(1)") insert ("or (1B)") 
147     Page 20, line 26, leave out ("appropriate authority") and insert ("Secretary of State") 
148     Page 20, line 32, leave out ("it") and insert ("he") 
149     Page 20, line 33, leave out ("it") and insert ("him") 
150     Page 20, line 34, after ("(1)") insert (", (1B)") 
151     Page 20, line 35, leave out ("appropriate") and insert ("directing") 
152     Page 20, line 38, leave out ("appropriate") and insert ("directing") 
153     Page 20, line 43, at end insert--
        ("(  )  Directing authority" means--
      (a)  the Secretary of State in relation to a direction given by him; and
      (b)  the National Assembly in relation to a direction given by it.")
 
  
Clause 22
 
  
BY THE BARONESS BLACKSTONE
 
154     Page 21, line 6, leave out ("57 or") 
  
BY THE EARL MAR AND KELLIE
 
155     Page 21, line 15, leave out ("other than an award of damages") 
156     Page 21, line 16, at end insert--
 
    ("(3A)  For the avoidance of doubt, it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Chapter may include compensation for injury to feelings whether or not they include compensation under any other head.")
 
  
Clause 24
 
  
BY THE EARL MAR AND KELLIE
 
157     Page 22, line 16, leave out ("disabled person") and insert ("person with a physical, mental, emotional or psychological disability") 
  
BY THE BARONESS BLACKSTONE
 
158     Page 23, line 45, at end insert--
        ("(  )  Accessibility strategy" and "accessibility plan" have the meaning given in section 28D.")
 
  
Clause 25
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
159     Page 24, line 20, at end insert ("on the grounds of the disability") 
160     Page 24, line 24, at end insert ("on the grounds of the disability") 
  
BY THE BARONESS BLACKSTONE
 
161     Page 25, line 6, leave out ("1(5)(b)(iii)") and insert ("1(5)(b)(ii)") 
  
BY THE EARL MAR AND KELLIE
 
162     Page 25, leave out lines 20 to 22 and insert--
 
    ("(12)  For the purposes of subsection (2), student services include the provision of education and services related to teaching and learning as well as wider services related to teaching and learning, as well as wider services such as accommodation and leisure facilities provided mainly for use by students.")
 
  
Clause 26
 
  
BY THE LORD ASHLEY OF STOKE
 
163     Page 25, line 43, after ("disabled,") insert ("despite the fact that it had in place a policy and structures to find out,") 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
THE BARONESS DARCY DE KNAYTH
THE BARONESS BLATCH
 
164     Page 25, line 43, after ("disabled,") insert--
    ("(  )  that it had taken reasonable steps to find out if he was disabled,")
 
165     Page 26, line 5, after ("know,") insert ("and had taken reasonable steps to find out,") 
  
BY THE LORD ASHLEY OF STOKE
 
166     Page 26, line 5, at end insert (", despite the fact that it had in place a policy and structures to find out") 
 
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 30 January 2001