S.C.B.
NOTICES OF AMENDMENTS
given up to and including
Friday 23rd March 2001
New Amendments handed in are marked thus *
STANDING COMMITTEE B
SPECIAL EDUCATIONAL NEEDS AND DISABILITY BILL [LORDS]
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following resolution at its meeting on Thursday 22nd March (Sessional Order C relating to Programming):
That—
(1) during proceedings of the Standing Committee on the Special Educational Needs and Disability Bill [Lords], the Committee do meet—
(a) on Mondays, at half-past Four o'clock;
(b) on Tuesdays and Wednesdays, at half-past Ten o'clock and half-past Four o'clock; and
(c) on Thursdays, at Nine o'clock and half-past One o'clock;
(2) if not previously concluded, the proceedings of the Committee shall be brought to a conclusion at Five o'clock on Thursday 5th April.
Jacqui Smith has given notice of her intention to move a motion in the terms of the resolution of the Programming Sub-Committee. Debate on such a motion may continue for half an hour (Sessional Order C(6) relating to Programming (7th November 2000)).
Mr Tim Boswell
Mr John Hayes
1
Clause 1, page 1, line 9, at end insert—
'(1A) For each such child the Secretary of State has a duty to make arrangements to secure that the educational needs of that child are paramount.'.
Mr Nick St. Aubyn
12
*Clause 1, page 1, line 9, at end insert—
'(1B) For each such child which is in care, the duty of the Secretary of State shall extend to securing that the welfare needs of that child are properly considered in determining the educational provision for that child.'.
Mr Tim Boswell
Mr John Hayes
2
Clause 1, page 1, line 14, leave out from 'parent' to end of line 15.
Mr Tim Boswell
Mr John Hayes
3
Clause 1, page 2, line 3, at end insert 'or
(iv) such other educational institutions within the maintained sector as may from time to time be designated by the Secretary of State with the approval of both Houses of Parliament.'.
Mr Nick St. Aubyn
11
*Clause 1, page 2, line 5, at end insert 'The arrangements for special education as set out in the Bill shall be such that a continually wide range of provision is provided to meet a wide range of need. There must be a duty on each local education authority either separately or in consortia to organise a wide range of provision.'.
Mr Tim Boswell
Mr John Hayes
4
Clause 1, page 2, line 8, at end insert ', or, if the cost is met by a local education authority or otherwise from public funds that either there is a statement in respect of the child under section 324 or the local education authority are satisfied—
(i) that his interests require the necessary special education provisions to be made for him at a school which is not a maintained school, and
(ii) that it is appropriate for the child to be provided with education at that particular school.'.
Mr Tim Boswell
Mr John Hayes
5
Clause 1, page 3, line 8, at end insert 'and, for schools which serve one or more authorities severally located in England and Wales, the guidance issed under both (a) and (b)'.
Mr Tim Boswell
Mr John Hayes
6
Clause 1, page 3, line 11, at end insert—
'(9A) In drawing up guidance the Secretary of State or the National Assembly for Wales, as the case may be, shall—
(a) have regard to the need to ensure a balance of local provision to afford to parents a genuine choice between mainstream schools dedicated to special provision and special school settings and between the maintained and non-maintained sectors;
(b) have regard to the need to develop strategies for meeting particular problems as they may arise, as well as the need to cater for the changing needs and educational development of the individual child; and
(c) carry out periodic reviews of the appropriateness of current provision both nationally and at local level for meeting special educational needs.'.
Mr Tim Boswell
Mr John Hayes
7
Clause 2, page 3, line 33, after 'authority', insert 'having regard to the importance of securing a fair and informed choice of school,'.
Mr Tim Boswell
Mr John Hayes
8
Clause 3, page 4, line 20, after 'authority', insert ', acting in good faith,'.
Mr Tim Boswell
Mr John Hayes
9
Clause 3, page 4, line 27, at end insert 'and the authority must make that right clear to parents in advance of any procedure under this section.'.
Mr Tim Boswell
Mr John Hayes
10
Clause 43, page 35, line 19, at end insert 'but shall not come into force until Parliament has approved codes of practice on the identification and assessment of, and provision for, pupils with special educational needs.'.
NEW CLAUSES
Duty of education providers
Mr Tim Boswell
Mr John Hayes
NC1
To move the following Clause:—
'.—It shall be the duty of all providers of education under the provisions of this Act and of all professions and ancillary agencies providing services in connection with special educational needs to have regard to—
(a) the educational needs of the particular child; and
(b) the need for partnership working in order to ensure efficient and appropriate educational outcomes.'.
Expenses of Secretary of State
Mr Nick St. Aubyn
NC2
*To move the following Clause:—
'The Government shall audit the costs of legislation and provide funds as necessary to implement the changes to the current special educational arrangements set out in the Bill.'.
