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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 Third Reading in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD NORTHBOURNE
THE BARONESS BLATCH
THE LORD BAKER OF DORKING
 
1     Page 1, line 17, after ("parent,") insert--
      ("(  )  the best interests of the child,")
 
  
BY THE LORD LUCAS
 
2     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
THE LORD BAKER OF DORKING
 
3     Page 2, leave out lines 9 and 10 
  
BY THE BARONESS BLACKSTONE
 
4     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).")
 
  
After Clause 1
 
  
BY THE BARONESS BLATCH
 
5     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.
 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 BARONESS BLACKSTONE
 
6     Page 4, line 2, leave out subsection (2) 
  
Clause 3
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
7     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 5
 
  
BY THE BARONESS BLACKSTONE
 
8     Page 5, line 20, leave out ("withdrawn") and insert ("determined in favour of the appellant.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 7
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
9     Page 6, line 5, at beginning insert-- 
 (""Special educational provision: dispute resolution.     317ZA.--(1)  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.
 
    (2)  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.")
 
10     Page 6, line 40, leave out ("made") and insert ("proposed") 
11     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 8
 
  
BY THE BARONESS BLACKSTONE
 
12     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.")
 
13     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 9
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
14     Page 8, line 26, leave out ("not") 
15     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") 
16     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 13
 
  
BY THE LORD LUCAS
 
17     Page 11, line 9, leave out ("That") and insert ("Subsection (1)") 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
18*     Page 11, line 28, leave out from ("(1),") to end of line 44 and insert ("a responsible body must have regard to any relevant provisions of a code of practice issued under section 53A") 
  
BY THE LORD LUCAS
 
19     Page 11, leave out lines 30 and 31 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
20     Page 12, leave out lines 1 to 6 
  
BY THE BARONESS BLACKSTONE
 
21     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
 
22     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,
 
 {jf48}of information which is provided in writing for pupils who are not disabled.{PA  
 
        (  )  An accessibility strategy must be in writing.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
23     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.")
 
  
BY THE BARONESS BLACKSTONE
 
24     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,
 
 {jf48}of information which is provided in writing for pupils who are not disabled.{PA  
 
        (  )  An accessibility plan must be in writing.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
25     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 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
 
26     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
 
27     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
 
28     Page 17, line 22, after ("relates;") insert--
      ("(  )  may in particular be exercised in order to 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;")
 
 
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