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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 Third Reading in the House of Lords.

  
Clause 1
 
  
BY THE BARONESS BLACKSTONE
 
     Page 3, line 17, at end insert--
        ("(  )  That guidance shall, in particular, relate to steps which may, or may not, be regarded as reasonable for the purposes of subsections (5) and (6).")
 
  
Clause 2
 
  
BY THE BARONESS BLACKSTONE
 
     Page 4, line 2, leave out subsection (2) 
  
Clause 5
 
  
BY THE BARONESS BLACKSTONE
 
     Page 5, line 20, leave out ("withdrawn") and insert ("determined in favour of the appellant.
        (  )  If an appeal is treated as determined in favour of the appellant as a result of subsection (2), the Tribunal is not required to make any order.")
 
  
Clause 8
 
  
BY THE BARONESS BLACKSTONE
 
     Page 8, line 10, at end insert--
        ("(  )  This section applies to a child for whom relevant nursery education is provided as it applies to a child who is a registered pupil at a relevant school.")
 
     Page 8, line 21, at end insert ("or head teacher,and
      (c)  in relation to a provider of relevant nursery education, the person or body of persons responsible for the management of the provision of that nursery education.
        (  )  Relevant nursery education" has the same meaning as in section 123 of the School Standards and Framework Act 1998, except that it does not include nursery education provided by a local education authority at a maintained nursery school.")
 
  
Clause 13
 
  
BY THE BARONESS BLACKSTONE
 
     Page 12, line 7, leave out from second ("request") to end of line 9 and insert ("which asks for the nature, or asks for the existence, of a disabled person's disability to be treated as confidential and which satisfies either of the following conditions--
      (a)  it is made by that person's parent; or
      (b)  it is made by that person himself and the responsible body reasonably believes that he has sufficient understanding of the nature of the request and of its effect.")
 
  
Clause 14
 
  
BY THE BARONESS BLACKSTONE
 
     Page 12, leave out lines 16 to 25 and insert ("must prepare, in relation to schools for which they are the responsible body--
      (a)  an accessibility strategy;
      (b)  further such strategies at such times as may be prescribed.
        (  )  An accessibility strategy is a strategy for, over a prescribed period--
      (a)  increasing the extent to which disabled pupils can participate in the schools' curriculums;
      (b)  improving the physical environment of the schools for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and associated services provided or offered by the schools; and
      (c)  improving the delivery to disabled pupils--
            (i)  within a reasonable time, and
            (ii)  in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents,
 
 of information which is provided in writing for pupils who are not disabled. 
 
        (  )  An accessibility strategy must be in writing.")
 
     Page 12, line 44, leave out from beginning to end of line 6 on page 13 and insert ("must prepare--
      (a)  an accessibility plan;
      (b)  further such plans at such times as may be prescribed.
        (  )  An accessibility plan is a plan for, over a prescribed period--
      (a)  increasing the extent to which disabled pupils can participate in the school's curriculum;
      (b)  improving the physical environment of the school for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and associated services provided or offered by the school; and
      (c)  improving the delivery to disabled pupils--
            (i)  within a reasonable time, and
            (ii)  in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents,
 
 of information which is provided in writing for pupils who are not disabled.  
 
        (  )  An accessibility plan must be in writing.")
 
  
Clause 22
 
  
BY THE BARONESS BLACKSTONE
 
     Page 20, line 35, leave out ("in the exercise of a power conferred, or") 
     Page 20, line 41, leave out ("the exercise of the power or") 
     Page 21, line 14, leave out ("the exercise of the power, or") 
  
Clause 25
 
  
BY THE BARONESS BLACKSTONE
 
     Page 24, line 2, at end insert ("; and
      (  )  in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.")
 
  
Clause 28
 
  
BY THE BARONESS BLACKSTONE
 
     Page 28, line 30, leave out from ("disabled") to end of line and insert ("person, which asks for the nature, or asks for the existence, of his disability to") 
  
Clause 43
 
  
BY THE BARONESS BLACKSTONE
 
     Page 36, line 2, leave out ("14") and insert ("14(3)") 
  
Schedule 1
 
  
BY THE BARONESS BLACKSTONE
 
     Page 38, line 10, at end insert--
      (""amendment notice" has the meaning given in paragraph 2A;")
 
     Page 38, line 11, leave out from ("324") to end of line 13 
     Page 38, leave out lines 21 to 23 
     Page 38, line 24, leave out ("sub-paragraphs (1) and (2) are") and insert ("that is") 
     Page 38, line 26, leave out ("or amended statement") 
     Page 38, line 29, leave out from ("statement") to end of line 31 
     Page 38, line 32, leave out ("that subsection") and insert ("section 324(4)") 
     Page 38, line 33, leave out from beginning to first ("the") in line 34 and insert-- 
 ("Amendments to a statement 
 
        2A.--(1) A local education authority shall not amend a statement except--
      (a)  in compliance with an order of the Tribunal,
      (b)  as directed by the Secretary of State under section 442(4), or
      (c)  in accordance with the procedure laid down in this Schedule.
        (2)  If, following a re-assessment 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)  Sub-paragraphs (4) and (5) of paragraph 2 apply to a copy of a proposed amended statement served under sub-paragraph (2) as they apply to a copy of a proposed statement served under paragraph 2(1).
        (4)  If, following a periodic review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned--
      (a)  a copy of the existing statement; and
      (b)  an amendment notice.
        (5)  If, at any other time, a local education authority propose to amend a statement, they shall proceed as if the proposed amendment were an amendment proposed after a periodic review.
        (6)  An amendment notice is a notice in writing giving details of the amendments to the statement proposed by the authority.
 
 Provision of additional information 
 
        2B.--(1) Sub-paragraph (2) applies when a local education authority serve on a parent--
      (a)  a copy of a proposed statement under paragraph 2,
      (b)  a copy of a proposed amended statement under paragraph 2A, or
      (c)  an amendment notice under paragraph 2A.
        (2)")
 
     Page 38, line 39, leave out ("(6)") and insert ("(2)") 
     Page 39, line 2, leave out from ("under") to ("which") in line 4 and insert ("paragraph 2A, or
      (  )  on whom an amendment notice has been served under paragraph 2A")
 
     Page 39, line 4, leave out ("the name of a school") and insert ("--
            (i)  the type or name of a school or institution, or
            (ii)  the provision made for the child concerned under arrangements made under section 319,")
 
     Page 39, line 7, leave out ("2(6)") and insert ("2B") 
     Page 39, line 21, after second ("statement") and insert (", or of the existing statement and of the amendment notice,") 
     Page 39, line 31, leave out paragraph (a) and insert--
    ("(a)  after "paragraph 2" insert ", or on whom a proposed amended statement or an amendment notice has been served under paragraph 2A,";")
 
     Page 39, line 33, leave out ("amended statement") and insert ("the statement as it will have effect if amended in the way proposed by the authority") 
     Page 39, line 39, leave out ("2(6)") and insert ("2B") 
     Page 39, line 44, after ("statement") insert ("following service of a proposed amended statement under paragraph 2A") 
     Page 39, line 46, at end insert--
        ("(2B)  If a local education authority amend a statement following service of an amendment notice, the amendments may be those proposed in the notice or amendments modified in the light of the representations."")
 
     Page 40, line 36, leave out ("2(2)") and insert ("2A") 
  
Schedule 8
 
  
BY THE BARONESS BLACKSTONE
 
     Page 52, leave out line 2 and insert--
 
    ("14.--(1) Paragraph 3 of Schedule 26 (manner and timing of assessments under section 323) is amended as follows.
 
    (2)  In sub-paragraph (2), for "paragraph 10" substitute "paragraph 2A".
 
    (3)  For sub-paragraphs (3) and (4)")
 
     Page 52, line 22, at end insert-- 
 ("School attendance orders: amendment of statement of special educational needs 
     .--(1) Section 441 (amendment of statement on service of school attendance order) is amended as follows.
 
    (2)  In subsection (3)(a), omit "in accordance with paragraph 10 of Schedule 27".
 
    (3)  After that subsection, insert--
        (3A)  An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule)."")
 
     Page 53, line 24, at end insert--
 
    ("(  )  In Schedule 30 (minor and consequential amendments), omit paragraph 186(2)(b).")
 
  
Schedule 9
 
  
BY THE BARONESS BLACKSTONE
 
     Page 54, line 9, column 3, at end insert-- 
 
("In section 441(3)(a), the words "in accordance with paragraph 10 of Schedule 27".")
 
     Page 54, line 25, column 3, at end insert-- 
 
("In Schedule 30, paragraph 186(2)(b).")
 
 
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Prepared 27 February 2001