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
 
  
Clause 9
 
  
BY THE BARONESS BLATCH
 
60*     Page 8, line 27, leave out ("not") 
  
BY THE LORD LUCAS
 
61     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") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
62*     Page 8, line 30, at end insert (", but the name of the school, institution, or other arrangement made by the parent should be recorded in the statement") 
  
BY THE BARONESS BLATCH
 
63*     Page 8, line 30, at end insert--
        ("(4B)  The local education authority must make the educational provision specified in the statement available for a minimum of one half a school term except where the child's parent notifies it in writing that they have made alternative arrangements for the child.
        (4C)  The local education authority must make the educational provision specified in the statement available until any appeal proceedings are concluded.")
 
  
After Clause 9
 
  
BY THE BARONESS BLACKSTONE
 
64     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.
  
BY THE LORD LUCAS
 
65     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
 
66     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."")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
67*     Insert the following new Clause-- 
     ("  .  Local Education Authorities are required to make a statement of education need for any child referred to them by a school medical officer within 6 months of the referral.")Requirement to make a statement of education need.
  
Clause 10
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
68*     Page 9, line 12, at end insert ("on the grounds of the disability of that person") 
69*     Page 9, line 21, after ("pupil") insert ("on the grounds of that pupil's disability,") 
  
BY THE LORD NORTHBOURNE
 
70     Page 9, line 23, at end insert--
 
    ("(  )  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.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
71*     Page 9, line 30, after ("pupil") insert ("by reason of his disability") 
  
Clause 11
 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
72     Page 10, line 13, after ("know") insert ("(having given the opportunity for disclosure by parents, guardians or the child)") 
  
Clause 12
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
73*     Page 11, line 1, leave out ("substantial") 
  
BY THE LORD ASHLEY OF STOKE
THE EARL OF MAR AND KELLIE
 
74     Page 11, leave out lines 9 to 14 
  
BY THE LORD LUCAS
 
75     Page 11, line 9, leave out ("That") and insert ("Subsection (1)") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
76*     Page 11, leave out lines 14 to 25 
  
BY THE LORD LUCAS
 
77     Page 11, leave out lines 21 to 25 
  
BY THE BARONESS BLACKSTONE
 
78     Page 11, line 26, leave out ("determining") and insert ("considering") 
79     Page 11, line 26, leave out ("a responsible body") and insert ("it") 
80     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") 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
THE LORD RIX
 
81     Page 11, line 29, leave out from ("had") to end of line 44 and insert ("to the code of practice under section 53A") 
  
BY THE LORD LUCAS
 
82     Page 11, leave out lines 30 and 31 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
83*     Page 11, line 37, leave out ("or services") and insert (", services or finance") 
84*     Page 11, line 44, 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")
 
85*     Page 12, leave out lines 1 to 6 
86*     Page 12, line 8, after ("person") insert ("or by the disabled person himself") 
  
Clause 13
 
  
BY THE LORD LUCAS
 
87     Page 12, line 18, after ("environment") insert ("(including the equipment and facilities)") 
  
BY THE LORD RIX
THE BARONESS DARCY DE KNAYTH
 
88     Page 12, line 18, at end insert ("and the teaching and learning arrangements at") 
  
BY THE LORD MORRIS OF MANCHESTER
 
89*     Page 12, line 23, leave out from ("schools") to end of line 25 and insert ("so that within the time period prescribed all mainstream schools within the area of the local education authority will be capable of providing for disabled pupils; and
    (b)  in preparing their accessibility strategy, must 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 availability of auxiliary aids and adaptations.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
90*     Page 12, line 25, 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.")
 
91*     Page 12, line 42, at end insert--
    ("(d)  any setting recognised by an early years development partnership established by a local education authority under section 119 of the School Standards and Framework Act 1998")
 
  
BY THE LORD RIX
THE BARONESS DARCY DE KNAYTH
 
92     Page 12, line 46, after ("of") insert ("the teaching and learning arrangements at") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
93*     Page 13, line 6, at end insert--
 
    ("(  )  In preparing their 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.")
 
94*     Page 13, leave out lines 18 to 22 
95*     Page 13, line 37, leave out from ("to") to end of line 45 and insert, ("the arrangements and facilities available and planned for the assistance of disabled pupils") 
  
Clause 14
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
96*     Page 14, line 14, 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")
 
97*     Page 14, line 34, leave out ("proprietor") and insert ("governing body") 
98*     Page 14, line 41, leave out ("proprietor") and insert ("governing body") 
99*     Page 15, line 4, leave out ("proprietor") and insert ("governing body") 
  
BY THE BARONESS BLACKSTONE
 
100     Page 15, leave out lines 8 and 9 
  
After Clause 14
 
  
BY THE LORD ASHLEY OF STOKE
 
101     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."&#M10;&#M10;")
 
  
BY THE BARONESS WILKINS
THE BARONESS DARCY DE KNAYTH
 
102     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."")
 
 
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Prepared 19 February 2001