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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 Amendments to the Special Educational Needs and Disability Bill [H.L.] to be moved on Report in the House of Lords.

  
Clause 8
 
  
BY THE BARONESS BLACKSTONE
 
     Page 8, leave out lines 15 to 17 and insert--
      ("(  )  an independent school;
      (  )  a school approved under section 342.")
 
  
After Clause 9
 
  
BY THE BARONESS BLACKSTONE
 
     Insert the following new Clause-- 
 ("Amendment of statement of special educational needs 
     .  Schedule (Amendment to statement of special educational needs) makes further provision concerning the rights of parents and others where a statement of special educational needs is amended.")Amendment of statement of special educational needs.
  
Clause 12
 
  
BY THE LORD ASHLEY OF STOKE
 
     Page 11, leave out lines 9 to 14 
  
BY THE BARONESS BLACKSTONE
 
     Page 11, line 26, leave out ("determining") and insert ("considering") 
     Page 11, line 26, leave out ("a responsible body") and insert ("it") 
     Page 11, line 28, leave out ("regard shall be had, in particular, to") and insert ("the factors to which a responsible body may have regard include") 
  
Clause 14
 
  
BY THE BARONESS BLACKSTONE
 
     Page 15, leave out lines 8 and 9 
  
After Clause 14
 
  
BY THE LORD ASHLEY OF STOKE
 
     Insert the following new Clause-- 
     ("  .  In the 1995 Act, insert the following section--Accessible information policies.
 ACCESSIBLE INFORMATION POLICIES> 
 Accessible information policies.     28EA.  (1)  Each local education authority and school must prepare in writing and in accessible formats a policy (their "accessible information policy") for improving the extent to which 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 and they must implement and publicise their policy.
 
    (2)  Each local education authority must nominate a named officer to be responsible for implementing and monitoring the accessible information policy including planning localised production of information in accessible formats and disseminating advice and information to schools, disabled parents and disabled pupils.")
 
  
Clause 17
 
  
BY THE LORD ASHLEY OF STOKE
 
     Page 17, line 31, leave out from ("relates;") to end of line 33 and insert--
    ("(b)  includes power to order the payment of compensation in exceptional circumstances, such as when provision for an educational need is not possible.")
 
  
Clause 27
 
  
BY THE BARONESS BLACKSTONE
 
     Page 28, line 8, leave out ("determining") and insert ("considering") 
     Page 28, line 8, leave out ("a responsible body") and insert ("it") 
     Page 28, line 10, leave out ("regard shall be had, in particular, to") and insert ("the factors to which a responsible body may have regard include") 
  
Clause 29
 
  
BY THE BARONESS BLACKSTONE
 
     Page 30, line 3, at end insert--
        ("(  )  The fact that a person who brings proceedings under this Part against a responsible body may also be entitled to bring proceedings against that body under Part II is not to affect the proceedings under this Part.")
 
  
Clause 32
 
  
BY THE BARONESS BLACKSTONE
 
     Page 31, leave out lines 16 to 22 and insert--
        ("(3)  Student" means a person who is attending, or undertaking a course of study at, an educational institution.")
 
  
Clause 35
 
  
BY THE BARONESS BLACKSTONE
 
     Page 32, line 10, after ("guidance") insert ("on how to avoid discrimination, or on any other matter relating to the operation of any provision of Part II, III or IV,") 
     Page 32, leave out lines 17 and 18 
  
Before Schedule 1
 
  
BY THE BARONESS BLACKSTONE
 
     Insert the following new Schedule-- 
 ("SCHEDULE 
 AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDs 
 PART I 
 PROCEDURE FOR MAKING AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS 
     1.  Schedule 27 to the 1996 Act (making and maintenance of statement of special educational needs) is amended as follows.
 
    2. For paragraph 1 substitute--
        1.--(1)  In this Schedule--
      statement" means a statement under section 324; and
      statutory review" means a re-assessment review or a periodic review.
        (2)  In this Schedule--
      periodic review" means a review conducted in accordance with section 328(5)(b); and
      re-assessment review" means a review conducted in accordance with section 328(5)(a)."
    3.  For paragraph 2 substitute--
        2.--(1)  Before making a statement, a local education authority shall serve on the parent of the child concerned a copy of the proposed statement.
        (2)  If, following a statutory review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned a copy of the proposed amended statement.
        (3)  But sub-paragraphs (1) and (2) are subject to sub-paragraphs (4) and (5).
        (4)  The copy of the proposed statement or amended statement shall not specify any prescribed matter.
        (5)  The copy of--
      (a)  the proposed statement, or
      (b)  if an amendment is proposed about any of the matters mentioned in subsection (4) of section 324, the amended statement,
    shall not specify any matter in pursuance of that subsection.
        (6)  When they serve a copy of the proposed statement or amended statement, the local education authority shall also serve on the parent a written notice explaining (to the extent that they are applicable)--
      (a)  the arrangements under paragraph 3,
      (b)  the effect of paragraph 4, and
      (c)  the right to appeal under section 326.
        (7)  A notice under sub-paragraph (6) must contain such other information as may be prescribed."
    4.  In paragraph 3, in sub-paragraph (1), for the words from "a parent" to "paragraph 2" substitute "a parent--
      (a)  on whom a copy of a proposed statement has been served under paragraph 2, or
      (b)  on whom a copy of a proposed amended statement has been served under that paragraph--
            (i)  following a re-assessment review, or
            (ii)  which contains a proposed amendment about the name of a school to be specified in the statement,"
    5.  In that paragraph, in sub-paragraph (2), for "paragraph 2(b)" substitute "paragraph 2(6)".
 
    6.  In that paragraph omit sub-paragraph (4).
 
    7.  After that paragraph, insert--
 
 Consultation on specifying name of school in statement 
 
        3A.--(1)  Sub-paragraph (2) applies if a local education authority are considering--
      (a)  specifying the name of a maintained school in a statement, or
      (b)  amending a statement--
            (i)  if no school was specified in the statement before the amendment, so that a maintained school will be specified in it,
            (ii)  if a school was specified in the statement before the amendment, so that a different school, which is a maintained school, will be specified in it.
        (2)  The local education authority shall--
      (a)  serve a copy of the proposed statement or amended statement on each affected body, and
      (b)  consult each affected body.
        (3)  Affected body" means--
      (a)  the governing body of any school which the local education authority are considering specifying; and
      (b)  if a school which the local education authority are considering specifying is maintained by another local education authority, that authority."
    8.  In paragraph 4, in sub-paragraph (1)--
    (a)  after "proposed statement" insert "or amended statement";
    (b)  in paragraphs (a) and (b), for "statement" substitute "proposed statement or amended statement".
    9.  In that paragraph, in sub-paragraph (2), after "sub-paragraph (1)(b)" insert "in relation to--
    (a)  a proposed statement, or
    (b)  an amendment proposed following a re-assessment review,".
    10.  In that paragraph, in sub-paragraphs (4)(a) and (5), for "paragraph 2(b)" substitute "paragraph 2(6)".
 
    11.  In paragraph 5, in sub-paragraph (1), after "make" insert "or amend".
 
    12.  In that paragraph, in sub-paragraph (2), for "The statement" substitute "If a local education authority make a statement, it".
 
    13.  After that sub-paragraph insert--
        (2A)  If a local education authority amend a statement, the amended statement made may be in the form proposed or in a form modified in the light of the representations."
    14.  For paragraph 6, substitute--
        6.--(1)  Where a local education authority make or amend a statement they shall serve a copy of the statement, or the amended statement, on the parent of the child concerned.
        (2)  They shall, at the same time, give the parent written notice of his right to appeal under section 326(1) against--
      (a)  the description in the statement of the authority's assessment of the child's special educational needs,
      (b)  the special educational provision specified in the statement (including the name of a school specified in the statement), or
      (c)  if no school is named in the statement, that fact.
        (3)  A notice under sub-paragraph (2) must contain such other information as may be prescribed."
    15.  In paragraph 8(1)(b)--
    (a)  in sub-paragraph (ii), after "statement" insert "or amended statement"; and
    (b)  omit sub-paragraph (iii)
    16.  In paragraph 9--
    (a)  in sub-paragraph (1), omit "amend or" and "10 or"; and
    (b)  in sub-paragraph (2)--
          (i)  after paragraph (a), insert "or"
          (ii)  omit paragraph (b), the word "or after paragraph (c) and paragraph (d).
    17.  Omit paragraph 10.
 
 PART II 
 APPEALS AGAINST AMENDMENTS TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS 
     18.  Section 326 of the 1996 Act is amended as follows.
 
    19. For subsection (1) substitute--
        (1)  The parent of a child for whom a local education authority maintain a statement under section 324 may appeal to the Tribunal--
      (a)  when the statement is first made,
      (b)  if an amendment is made to the statement, or
      (c)  if, after conducting an assessment under section 323, the local education authority determine not to amend the statement.
        (1A)  An appeal under this section may be against any of the following--
      (a)  the description in the statement of the local education authority's assessment of the child's special educational needs,
      (b)  the special educational provision specified in the statement (including the name of a school so specified),
      (c)  if no school is specified in the statement, that fact."
    20.  In subsection (2), for "paragraph 10" substitute "paragraph 2(2)".")
 
  
Schedule 7
 
  
BY THE BARONESS BLACKSTONE
 
     Page 48, line 8, leave out paragraph 9 
     Page 48, line 21, leave out paragraph 11 
  
Schedule 8
 
  
BY THE BARONESS BLACKSTONE
 
     Page 51, line 26, column 3, leave out from ("27") to end of line 28 and insert (", paragraph 3(4), paragraph 8(1)(b)(iii), in paragraph 9(1), the words "amend, or" and "10 or", and paragraph 10") 
 
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