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

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Before Clause 1
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
1*     Insert the following new Clause--
 
    ("  .--(  )  In the implementation of this Act by local authorities, schools, parents, and all concerned with the welfare of children and young adults who have some form of disability or learning difficulty, the following principles shall be observed.
 
    (1)  The best and most appropriate available education shall be offered--
    (a)  to a disabled pupil,
    (b)  to a pupil with a statement of special educational needs maintained under section 324, or
    (c)  to a pupil with special educational needs but with no statement.
    (2)  Any requirement in this Act to prefer any particular type of school must always be of secondary consideration to that of making available the best and most appropriate available education for each particular child.
 
    (3)  Any placement of a pupil with special needs in a mainstream school must not be to the detriment of the best and most appropriate education available for the other pupils in that school.
 
    (4)  The wishes of the parent and the pupil must be respected at all times.")
 
  
Clause 1
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
2*     Page 1, line 11, leave out ("who should") and insert ("whom the parents of that child wish to") 
3*     Page 1, leave out lines 12 and 13 
4*     Page 1, line 13, leave out ("educated") and insert ("registered") 
  
BY THE LORD NORTHBOURNE
 
5     Page 1, line 13, at end insert ("provided that such provision is compatible with his receiving the special educational provision he needs") 
6     Page 1, line 13, at end insert ("provided that such provision is not prejudicial to the best interests of the child") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
7*     Page 1, line 13, at end insert ("unless that is incompatible with the wishes of his parent") 
  
BY THE LORD BAKER OF DORKING
 
8*     Page 1, line 15, after ("child,") insert ("and education in a mainstream school is appropriate and meets the needs of the child,") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
9*     Page 1, line 15, leave out ("must") and insert ("will normally") 
  
BY THE LORD RENTON
 
10*     Page 1, line 15, leave out from ("a") to end of line 16 and insert ("school which is compatible with--
    (aa)  the needs of the child,")
 
  
BY THE LORD NORTHBOURNE
 
11     Page 1, line 17, after ("parent,") insert--
    ("(  )  his receiving the special educational provision he needs,")
 
12     Page 1, line 17, after ("parent,") insert--
    ("(  )  the best interests of the child,")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
13*     Page 1, line 17, after ("parent,") insert--
    ("(  )  his best interests,")
 
14*     Page 1, line 19, at end insert (",  or
    (  )  the provision of the necessary support for that child.")
 
  
BY THE LORD LUCAS
 
15     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
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
16     Page 2, leave out lines 9 and 10 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
17*     Page 2, leave out line 17 
18*     Page 2, leave out lines 18 and 19 
19*     Page 2, leave out lines 21 to 23 
20*     Page 2, leave out lines 30 to 32 
21*     Page 2, line 33, at end insert ("taking into account where possible the wishes of the child") 
22*     Page 3, line 3, after ("316(3)(b)") insert ("and (c)") 
23*     Page 3, line 7, after ("316(3)(b)") insert ("and (c)") 
24*     Page 3, line 13, at end insert--
 
    ("(  )  Reasonable steps" in the context of this section shall include the provision of specific, extra, supervisory staff; of specialist teachers; and where necessary of nursing staff, according to the special requirements of the individual child with special educational needs.
    (  )  A child with special educational needs shall not be admitted to a mainstream school unless the necessary extra staffing will be provided.")
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
25     Page 3, line 17, at end insert--
 
    ("(  )  Reasonable steps", referred to in subsections (5) and (6), shall be defined in the guidance about section 316 issued under subsection (8).")
 
  
After Clause 1
 
  
BY THE LORD ASHLEY OF STOKE
 
26     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.
  
BY THE BARONESS DAVID
THE LORD RIX
 
27*     Insert the following new Clause-- 
     ("  .  In section 323 of the 1996 Act (assessment of educational needs), after subsection (4) insert--
        (4A)  In making an assessment under this section, the local education authority shall take account of the ascertainable wishes of the child."")
Local educational authority to take account of wishes of child.
28*     Insert the following new Clause-- 
     ("  .  In section 324 of the 1996 Act, after subsection (3) insert--
        (3A)  In making and maintaining a statement under this section, the local education authority shall take account of the ascertainable wishes of the child."")
Local education authority to take account of wishes of child (No. 2).
  
BY THE BARONESS BLATCH
 
29*     Insert the following new Clause-- 
     ("  .  In paragraph 3(4) of the 1996 Act, after second "school" insert , providing them with a copy of the draft statement,".")Informing schools.
  
BY THE LORD RENTON
 
30*     Insert the following new Clause-- 
     (".  In the 1996 Act, after section 316 insert the following section--Exercise of functions under Part IV of 1996 Act.
 <~et>Consideration of disproportionate expenditure.     316AA.  In the exercise of any functions under this Part, provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision." ) 
  
Clause 2
 
  
BY THE LORD BAKER OF DORKING
 
31*     Page 3, line 30, at end insert ("all alternative options for") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
32*     Page 3, line 31, leave out ("with") and insert ("who has, or whose parents believe he may have") 
  
BY THE LORD LUCAS
 
33     Page 3, line 33, at end insert (",  and must provide general advice and assistance to others who enquire about special educational needs") 
34     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.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
35*     Page 3, line 42, leave out ("proprietors") and insert ("governing bodies") 
36*     Page 4, line 3, leave out ("omit paragraph 6(b)") and insert ("for paragraph 6(b) substitute--
    (b)  of the names of those persons to whom he may apply for information and advice about the child's special educational needs"")
 
  
Clause 3
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
37*     Page 4, line 13, leave out ("proprietor") and insert ("relevant authority") 
38*     Page 4, line 17, at end insert--
 
    ("(  )  Independent persons" appointed in accordance with in subsection (3) above means persons with no previous connection with the parents and the child, nor of any of the authorities involved in the dispute, and such persons shall have knowledge and experience relevant to the special educational needs of the child.")
 
39*     Page 4, line 26, leave out ("proprietors") and insert ("relevant authorities") 
40*     Page 4, line 44, after ("324",) insert--
    ("(  )  an independent school named by the parents of the child,")
 
  
After Clause 4
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
41*     Insert the following new Clause-- 
      ("  .  If the governors of a mainstream school object to the proposed admission of a pupil who has special needs on grounds of inadequate facilities for that pupil in that school, or inadequate or insufficient staffing for that pupil in that school, the governors' objections shall be sustained until such time as the Local Education Authority has--
    (a)  made the appropriate extra provision to that school, or
    (b)  until the Tribunal has ruled that the existing provision is satisfactory for that pupil.")
Governors: power of objection.
  
Clause 5
 
  
BY THE LORD LUCAS
 
42     Page 5, line 20, leave out ("withdrawn") and insert ("granted") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
43*     Page 5, line 20, leave out ("withdrawn") and insert ("granted to the parent") 
  
Before Clause 7
 
  
BY THE BARONESS BLATCH
 
44*     Insert the following new Clause-- 
      ("  .  The code of practice shall require that all pupils with special educational needs, with statements and without, shall be set clear objectives concerning academic progress, including progress in reading, against which the provision specified or provided shall be monitored and reviewed.")Objectives concerning academic progress.
  
Clause 7
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
45*     Page 6, line 5, at beginning insert--
 
    ("(  )  The parent of a child for whom no statement is maintained under section 324 shall be informed before special educational provision is made for him.
 
    (  )  If the parent objects to such provision being made as being unnecessary or inappropriate, the dispute shall be resolved as provided for in section 3 of this Act, and until it is resolved, the special educational provision shall not be made.")
 
46*     Page 6, line 40, leave out ("made") and insert ("proposed") 
47*     Page 6, line 41, at end insert--
    ("(b)  seek the parent's consent before such provision is made, and
    (c)  in the event of a dispute with the parent, resolve that dispute according to the procedures in section 3 of the Special Educational Needs and Disability Act 2001.")
 
  
Clause 8
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
48*     Page 7, line 6, after ("body") insert ("or the parent of the child") 
49*     Page 7, line 10, leave out ("six") and insert ("three") 
50*     Page 7, line 12, leave out ("If it is necessary for") and insert ("A request from the responsible body or the parent has been made to") 
  
BY THE LORD NORTHBOURNE
 
51     Page 7, line 14, at end insert ("within three calendar months of receiving it") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
52*     Page 7, line 15, leave out ("deciding whether to comply") insert ("complying") 
53*     Page 7, line 30, leave out ("decide whether to") 
  
BY THE LORD LUCAS
 
54     Page 7, line 31, at end insert (", unless the child's parents consent in writing to such action") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
55*     Page 8, line 13, leave out paragraph (b) and insert--
    ("(b)  Any setting recognised by an early years development partnership set up by a local education authority under section 119 of the School Standards and Framework Act 1998.")
 
  
BY THE BARONESS BLACKSTONE
 
56     Page 8, leave out lines 15 to 17 and insert--
      ("(  )  an independent school,
      (  )  a school approved under section 342.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
57*     Page 8, line 17, at end insert--
      ("(  )  an independent school")
 
58*     Page 8, line 19, leave out paragraph (a) and insert--
      ("(a)  In relation to an establishment recognised by an early years development partnership established by a local education authority under section 119 of the School Standards and Framework Act 1998 or a pupil referral unit, the Head Teacher or Head of Setting, and")
 
59*     Page 8, line 22, leave out ("proprietor") and insert ("the headteacher or the governing body (or both)") 
 
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