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Special Educational Needs and Disability (Support) Bill


 

Special Educational Needs and Disability (Support) Bill

 

 
 

Contents

1   

Duty to ensure sufficient training and expertise in relation to special

educational needs in schools

2   

School inspections, special educational needs and disability considerations

3   

Permanent exclusion of pupils with special educational needs and disabilities

4   

Interpretation

5   

Expenses

6   

Short title, commencement and extent

 

Bill 26                                                                                                 

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Special Educational Needs and Disability (Support) Bill

1

 

A

Bill

To

Make provision for further training of teachers and specialist staff; to make

requirements relating to access to specialist services; and for connected

purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Duty to ensure sufficient training and expertise in relation to special

educational needs in schools

(1)   

The Education Act 1996 (c. 56) is amended as follows.

(2)   

After section 14A insert—

“14B    

Duty to ensure sufficient training and expertise in relation to special

5

educational needs in schools

(1)   

It shall be the duty of local authorities in England to ensure that all

teaching staff employed in schools have sufficient training and

expertise to provide an appropriate education for pupils with special

educational needs and disabled pupils.

10

(2)   

Every local authority in England must, within 12 months of this section

coming into force, publish a strategy setting out how it plans to ensure

that every school in its area has access to the range of educational

support that is necessary to meet the needs of all pupils with special

educational needs and disabled pupils.

15

(3)   

A local authority may revise the strategy published under subsection

(2) from time to time.

(4)   

The Secretary of State may by regulations make provision about—

(a)   

the levels of training and expertise required in pursuance of

subsection (1); and

20

(b)   

the contents of the strategy to be published under subsections

(2) and (3).

 

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Special Educational Needs and Disability (Support) Bill

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(5)   

Any regulations made under subsection (4) must in particular specify a

requirement for every member of staff appointed as Special

Educational Needs Co-ordinator to have training in special educational

needs and disability, including autism.”

(3)   

The Education Act 2002 (c. 32) is amended as follows.

5

(4)   

In section 133, after subsection (4) insert—

“(4A)   

Regulations under this section must include a requirement for qualified

teachers to have demonstrated a satisfactory understanding and

awareness of special educational needs and disability, including

autism.”

10

2       

School inspections, special educational needs and disability considerations

(1)   

The Education and Inspections Act 2006 (c. 40) is amended as follows.

(2)   

In section 117(2), at end insert—

“(h)   

the needs of children with special educational needs and

disabled children, and the extent to which provision made for

15

these children complies with the relevant statutory

requirements.”

(3)   

In section 117(4), insert at the appropriate places—

(a)   

““disabled” has the same meaning as in the Disability

Discrimination Act 1995 (c. 50);”

20

(b)   

““relevant statutory requirements” means Part 4 of the

Education Act 1996 (c. 56) and Part 4 of the Disability

Discrimination Act 1995, and any regulations and statutory

guidance made or issued under these provisions;”

(c)   

““special educational needs” has the same meaning as in the

25

Education Act 1996;”.

3       

Permanent exclusion of pupils with special educational needs and

disabilities

(1)   

This section applies in relation to the permanent exclusion of a disabled pupil

or a pupil with special educational needs by any school at which education is

30

provided for the pupil.

(2)   

No such pupil shall be excluded unless a review has been undertaken by the

school of—

(a)   

the sufficiency and effectiveness of the reasonable adjustments being

made for the pupil if he is a disabled pupil, and

35

(b)   

the special educational provision being made for the pupil if he has

special educational needs.

4       

Interpretation

In this Act—

“autism” means all autism spectrum disorders, including Asperger‘s

40

syndrome;

“disability” has the same meaning as in section 1 of the Disability

Discrimination Act 1995;

 
 

Special Educational Needs and Disability (Support) Bill

3

 

“local authority” means the council of a county, a metropolitan district, a

London borough, the Common Council of the City of London or the

Council of the Isles of Scilly;

“special educational needs” has the same meaning as in the Education Act

1996 (c. 56).

5

5       

Expenses

There shall be paid out of money provided by Parliament

(a)   

any expenditure incurred under or by virtue of this Act by the Secretary of

State, and

(b)   

any increase attributable to this Act in the sums payable under any other Act

10

out of money so provided.

6       

Short title, commencement and extent

(1)   

This Act may be cited as the Special Educational Needs and Disability

(Support) Act 2009.

(2)   

Apart from this section, this Act comes into force on such day as may be

15

appointed by order made by statutory instrument.

(3)   

An order under subsection (2) shall be made by the Secretary of State.

(4)   

The Secretary of State may by order made by statutory instrument provide that

this Act shall have effect in its application to the Isles of Scilly with such

modifications as are specified in the order.

20

(5)   

A statutory instrument containing an order or regulations under this Act shall

be subject to annulment in pursuance of a resolution of either House of

Parliament.

(6)   

This Act extends to England only.

 
 

 

 
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