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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 LORD NORTHBOURNE
THE BARONESS BLATCH
 
     Page 1, line 17, after ("parent,") insert--
      ("(  )  the best interests of the child,")
 
  
BY THE LORD LUCAS
 
     Page 2, line 3, at end insert--
        ("(  )  For the purposes of this section, a child is educated in a Mainstream school if he is registered at, and regularly attends, such a school.")
 
  
BY THE LORD NORTHBOURNE
THE BARONESS BLATCH
 
     Page 2, leave out lines 9 and 10 
  
After Clause 1
 
  
BY THE BARONESS BLATCH
 
     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 3
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
     Page 4, line 17, at end insert--
        ("(  )  Independent persons", as required 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, but shall include persons of knowledge and experience relevant to the special educational needs of the child.")
 
  
Clause 7
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
     Page 6, line 5, at end 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, then 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,")
 
     Page 6, line 40, leave out ("made") and insert ("proposed") 
     Page 6, line 41, at end insert--
      ("(b)  seeks 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 9
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
     Page 8, line 26, leave out ("not") 
     Page 8, line 29, at end insert (",  but the name of the school, institution, or other arrangements made by the parent should be recorded in the statement") 
     Page 8, line 29, at end insert--
 
    ("(4B)  The local 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 authority must make the educational provision specified in the statement available until any appeal proceedings are concluded.")
 
  
Clause 12
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
     Page 12, leave out lines 1 to 6 
  
Clause 13
 
  
BY THE LORD LUCAS
 
     Page 11, line 9, leave out ("That") and insert ("Subsection (1)") 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
     Page 11, line 28, leave out from ("(1)") to end of line 44 and insert ("regard shall be had to the code of practice under section 53A") 
  
BY THE LORD LUCAS
 
     Page 11, leave out lines 30 and 31 
  
Clause 14
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
     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.")
 
     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.")
 
  
Clause 18
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
     Page 17, line 22, leave out from ("relates;") to end of line 24 and insert--
      ("(b)  includes the ability to order appropriate compensation in relation to the scale and type of discrimination proven."")
 
  
BY THE LORD ASHLEY OF STOKE
 
     Page 17, line 22, leave out from ("relates;") to end of line 24 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."")
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
     Page 17, line 22, after ("relates;") insert--
      ("(  )  may in particular take account of--
            (i)  any personal hurt experienced by the person concerned;
            (ii)  any experience denied to 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 27
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
     Page 26, line 41, after ("know") insert ("(and had allowed for disclosure by the student, parent or guardian)") 
     Page 27, line 4, after ("know") insert ("(and had allowed for disclosure by the student, parent or guardian)") 
  
Clause 28
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
     Page 28, line 1, leave out from ("(1")) to end of line 20 and insert ("regard shall be had to the code of practice under section 53A") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
     Page 28, leave out lines 23 to 28 
  
Clause 30
 
  
BY THE EARL OF MAR AND KELLIE
 
     Page 29, line 35, leave out ("(as the case may be)") and insert ("(in Scotland)") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
     Leave out Clause 30 
  
Clause 36
 
  
BY THE EARL OF MAR AND KELLIE
 
     Page 31, line 36, after ("practice") insert ("for England and Wales and separate codes of practice for Scotland") 
     Page 32, line 5, 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,")
 
     Page 32, line 6, at end insert ("for England and Wales and separate codes of practice for Scotland,") 
  
Clause 43
 
  
BY THE EARL OF MAR AND KELLIE
 
     Page 37, line 2, at end insert--
 
    ("(  )  Part II, except sections 13 and 14 and Part III extend to Scotland.")
 
 
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