S.C.B.
NOTICES OF AMENDMENTS
given up to and including
Tuesday 27th March 2001
New Amendments handed in are marked thus *
STANDING COMMITTEE B
SPECIAL EDUCATIONAL NEEDS AND DISABILITY BILL [LORDS]
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
14
*Clause 3, page 4, line 38, at end insert—
'(ca) 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 Tim Boswell
Mr John Hayes
15
*Clause 4, page 5, line 6, after 'order', insert 'as promptly as practicable, and in all cases'.
Mr Andrew George
Dr Evan Harris
23
*Clause 7, page 6, line 30, leave out 'inform the child's parent' and insert 'secure that the head teacher informed the child's parent'.
Mr Tim Boswell
Mr John Hayes
16
*Clause 7, page 6, line 30, after 'parent', insert 'in writing'.
Mr Tim Boswell
Mr John Hayes
17
*Clause 11, page 9, line 25, leave out subsection (3).
Mr Tim Boswell
Mr John Hayes
18
*Clause 14, page 13, line 6, at end insert—
'(c) an analysis of the cost of implementing such plans.'.
Mr Tim Boswell
Mr John Hayes
19
*Clause 18, page 17, line 28, after 'concerned', insert 'including an element of apology which is appropriate'.
Mr Tim Boswell
Mr John Hayes
20
*Clause 18, page 17, line 29, after 'relates;', insert—
'(aa) includes power to invite local education authorities and education providers to re-examine their procedures and provisions for dealing with matters of under-application raised by the resolution of the particular case;'.
Mr Tim Boswell
Mr John Hayes
21
*Clause 25, page 23, line 24, leave out from beginning to end of line 25.
Mr Tim Boswell
Mr John Hayes
22
*Clause 27, page 26, line 33, leave out subsection (6).
Mr Andrew George
Dr Evan Harris
24
*Clause 27, page 26, leave out lines 37 to 41.
Mr Andrew George
Dr Evan Harris
25
*Clause 38, page 33, line 9, at end insert—
'(5A) In section 19(3), at the end insert—
"(i) the provision of examinations in respect of education and training.".'.
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.'.
Jacqui Smith
13
Clause 43, page 36, line 26, leave out subsection (13).
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.'.
Support in cases of discrimination
Mr Tim Boswell
Mr John Hayes
NC3
*To move the following Clause:—
'The Disability Rights Commission shall provide advice and assistance for persons seeming to them to have a prima facie case of discrimination against any person or body regulated by this Act, to pursue their case through litigation.'.
Consideration of issues of adequacy and discrimination
Mr Tim Boswell
Mr John Hayes
NC4
*To move the following Clause:—
'Issues of adequacy and discrimination in connection with the planning and provision of educational and related services to a disabled pupil on transition from the school sector to further education, may either be considered by the Special Educational Needs and Disability Tribunal or may be the subject of civil proceedings, according to the wishes of the pupil concerned.'.
ORDER OF THE COMMITTEE (27TH MARCH) 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.
