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Make
provision for further training of teachers and specialist staff;
to make |
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requirements relating to access
to specialist services; and for connected |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Duty
to ensure sufficient training and expertise in relation to special
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educational needs in schools |
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(1) |
The Education
Act 1996 (c. 56) is amended as follows. |
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(2) |
After section 14A insert— |
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“14B |
Duty
to ensure sufficient training and expertise in relation to special
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educational
needs in schools |
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(1) |
It shall be the duty of
local authorities in England to ensure that all |
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teaching
staff employed in schools have sufficient training and |
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expertise
to provide an appropriate education for pupils with special |
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educational
needs and disabled pupils. |
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(2) |
Every local authority in
England must, within 12 months of this section |
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coming
into force, publish a strategy setting out how it plans to ensure
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that
every school in its area has access to the range of educational
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support
that is necessary to meet the needs of all pupils with special
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educational
needs and disabled pupils. |
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(3) |
A local authority may revise
the strategy published under subsection |
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(4) |
The Secretary of State may
by regulations make provision about— |
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(a) |
the levels of training and
expertise required in pursuance of |
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(b) |
the contents of the strategy
to be published under subsections |
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(5) |
Any
regulations made under subsection (4) must in particular specify
a |
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requirement
for every member of staff appointed as Special |
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Educational
Needs Co-ordinator to have training in special educational |
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needs
and disability, including autism.” |
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(3) |
The Education Act 2002 (c.
32) is amended as follows. |
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(4) |
In section 133, after subsection
(4) insert— |
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“(4A) |
Regulations under this
section must include a requirement for qualified |
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teachers
to have demonstrated a satisfactory understanding and |
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awareness
of special educational needs and disability, including |
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10 |
2 |
School
inspections, special educational needs and disability considerations |
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(1) |
The Education
and Inspections Act 2006 (c. 40) is amended as follows. |
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(2) |
In section 117(2), at end
insert— |
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“(h) |
the needs of children with
special educational needs and |
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disabled
children, and the extent to which provision made for |
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these
children complies with the relevant statutory |
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(3) |
In section 117(4), insert
at the appropriate places— |
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(a) |
““disabled”
has the same meaning as in the Disability
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Discrimination
Act 1995 (c. 50);” |
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(b) |
““relevant statutory
requirements” means Part 4 of the |
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Education
Act 1996 (c. 56) and Part 4 of the Disability
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Discrimination
Act 1995, and any regulations and statutory |
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guidance
made or issued under these provisions;” |
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(c) |
““special educational
needs” has the same meaning as in the |
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3 |
Permanent
exclusion of pupils with special educational needs and |
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(1) |
This section applies in
relation to the permanent exclusion of a disabled pupil |
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or a pupil with special educational
needs by any school at which education is |
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(2) |
No such pupil shall be excluded
unless a review has been undertaken by the |
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(a) |
the sufficiency and effectiveness
of the reasonable adjustments being |
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made for the pupil if he is
a disabled pupil, and |
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(b) |
the special educational provision
being made for the pupil if he has |
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special educational needs. |
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“autism” means
all autism spectrum disorders, including Asperger‘s |
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40 |
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“disability”
has the same meaning as in section 1 of the Disability
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“local authority” means the council of a county, a
metropolitan district, a |
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London borough, the Common
Council of the City of London or the |
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Council of the Isles of Scilly; |
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“special educational
needs” has the same meaning as in the Education
Act |
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5 |
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There
shall be paid out of money provided by Parliament— |
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(a) |
any
expenditure incurred under or by virtue of this Act by the Secretary
of |
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(b) |
any
increase attributable to this Act in the sums payable under any
other Act |
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out
of money so provided. |
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6 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Special Educational Needs and Disability |
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(2) |
Apart from this section,
this Act comes into force on such day as may be |
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appointed by order made by
statutory instrument. |
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(3) |
An order under subsection
(2) shall be made by the Secretary of State. |
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(4) |
The Secretary of State may
by order made by statutory instrument provide that |
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this Act shall have effect
in its application to the Isles of Scilly with such |
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modifications as are specified
in the order. |
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(5) |
A statutory instrument containing
an order or regulations under this Act shall |
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be subject to annulment in
pursuance of a resolution of either House of |
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(6) |
This Act extends to England
only. |
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