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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 1
 
  
BY THE LORD NORTHBOURNE
 
     Page 1, line 13, at end insert ("provided that such provision is compatible with his receiving the special educational provision he needs") 
     Page 1, line 13, at end insert ("provided that such provision is not prejudicial to the best interests of the child") 
     Page 1, line 17, after ("parent,") insert--
    ("(  )  his receiving the special educational provision he needs,")
 
     Page 1, line 17, after ("parent,") insert--
    ("(  )  the best interests of the child,")
 
  
BY THE LORD LUCAS
 
     Page 2, line 3, at end insert--
 
    ("(  )  In this section a child is "educated in a mainstream school" if he receives the majority of his education at such a school.")
 
  
BY THE LORD NORTHBOURNE
 
     Page 2, leave out lines 9 and 10 
  
After Clause 1
 
  
BY THE LORD ASHLEY OF STOKE
 
     Insert the following new Clause-- 
     ("  .  A local education authority shall provide early intervention services to children under 2 from the time of diagnosis of the disability onwards, where it can be demonstrated that such intervention is necessary to promote the early development of speech and language.")Early intervention services.
  
Clause 2
 
  
BY THE LORD LUCAS
 
     Page 3, line 33, at end insert (",  and must provide general advice and assistance to others who enquire about special educational needs") 
     Page 3, line 33, at end insert--
 
    ("(  )  A local education authority must at all times have regard to the best interest of the children for which it is responsible.")
 
  
Clause 5
 
  
BY THE LORD LUCAS
 
     Page 5, line 20, leave out ("withdrawn") and insert ("granted") 
  
Clause 8
 
  
BY THE LORD NORTHBOURNE
 
     Page 7, line 14, at end insert ("within three calendar months of receiving it") 
  
BY THE LORD LUCAS
 
     Page 7, line 31, at end insert (",  unless the child's parents consent in writing to such action") 
  
Clause 9
 
  
BY THE LORD LUCAS
 
     Page 8, line 30, at end insert (",  and the parent has failed to confirm his acceptance of the school named in the statement in the specified manner or within the specified time") 
  
After Clause 9
 
  
BY THE LORD LUCAS
 
     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 RIX
 
     Insert the following new Clause-- 
     ("  .  In the Nursery Education and Grant-Maintained Schools Act 1996, insert the following section--Nursery schools: special educational needs and disability policy.
 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."")
 
  
Clause 10
 
  
BY THE LORD NORTHBOURNE
 
     Page 9, line 23, at end insert--
 
    ("(3)  For the purposes of subsections (1) and (2) above, it shall be a defence for the body responsible for the school to show that the pupil could be equally well provided for at less cost, or could be better provided for in another school of the same kind and in the same district because that school already has facilities and staff (or both) trained to cope with the kind of special educational provision that child requires.")
 
  
Clause 12
 
  
BY THE EARL OF MAR AND KELLIE
 
     Page 11, line 9, leave out lines 9 to 13 
  
BY THE LORD LUCAS
 
     Page 11, line 9, leave out ("That") and insert ("Subsection (1)") 
     Page 11, leave out lines 21 to 25 
     Page 11, leave out lines 30 and 31 
  
Clause 13
 
  
BY THE LORD LUCAS
 
     Page 12, line 18, after ("environment") insert ("(including the equipment and facilities)") 
  
BY THE LORD RIX
THE BARONESS DARCY DE KNAYTH
 
     Page 12, line 18, at end insert ("and the teaching and learning arrangements at") 
     Page 12, line 46, after ("of") insert ("the teaching and learning arrangements at") 
  
After Clause 14
 
  
BY THE BARONESS WILKINS
THE BARONESS DARCY DE KNAYTH
 
     Insert the following new Clause-- 
     ("  .  In the 1995 Act, insert the following section--Accessible information policies (No. 2).
 ACCESSIBLE INFORMATION POLICIES> 
 Accessible information policies.     28EA.--(1)  Each local education authority 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.
 
    (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.
 
    (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 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.
 
    (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 formats" 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,
    (e)  a special school not maintained by a local education authority."")
 
  
Clause 17
 
  
BY THE BARONESS WILKINS
THE LORD RIX
 
     Page 17, line 31, 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 unlawful discrimination; and
          (iii)  any necessary changes to accessibility strategies and plans to ensure that the unlawful discrimination does not happen again;")
 
  
Clause 21
 
  
BY THE LORD LUCAS
 
     Page 20, line 44, leave out from ("in") to ("the") in line 45 
     Page 21, line 24, leave out ("appear to it to be expedient") and insert ("are reasonable in all the circumstances") 
  
Clause 22
 
  
BY THE EARL OF MAR AND KELLIE
 
     Page 22, line 16, at end insert--
 
    ("(  )  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")
 
     Page 22, line 20, leave out ("other than an award of damages") and insert ("including an award of damages in exceptional circumstances, such as when provision for an educational need is not possible") 
  
Clause 26
 
  
BY THE BARONESS DARCY DE KNAYTH
 
     Page 27, leave out lines 10 to 14 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
     Page 27, leave out lines 24 to 28 
  
Clause 35
 
  
BY THE EARL OF MAR AND KELLIE
 
     Page 32, line 16, at end insert ("or
    (  )  promoting the involvement of such persons in decisions that affect them (without prejudice to the generality of this subsection) it shall be presumed that such persons includes a person under the age of 18 years,")
 
  
Clause 42
 
  
BY THE EARL OF MAR AND KELLIE
 
     Page 37, line 19, at end insert--
 
    ("(  )  Part II, except sections 13 and 14 and Part III extend to Scotland.")
 
  
Before Schedule 1
 
  
BY THE LORD LUCAS
As amendments to the amendment Before Schedule 1
tabled by the Baroness Blackstone on sheet HL Bill 18(a)
 
     Line 73, after inserted sub-paragraph (2)(b) insert (", and
    (c)  refrain from implementing any amendment while Tribunal proceedings are pending.")
 
     Line 79, after paragraph 7, insert--
 
    ("  .  After that paragraph, insert--
 
 Application of duty to another local education authority 
     3B.  The duty imposed under sub-paragraph (3) in relation to a preference expressed in accordance with arrangements made under sub-paragraph (1) shall apply also in relation to a school maintained by another local education authority.") 
 
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