Special Educational Needs and Disability Bill [H.L.]

House of Lords portcullis

House of Lords

Session 2000-2001
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Other Bills before Parliament

Special Educational Needs and Disability Bill [H.L.]

This is the Special Educational Needs and Disability Bill [H.L.], as introduced in the House of Lords on 7th December 2000.

EXPLANATORY NOTES
Explanatory Notes to the Bill, prepared by the Department for Education and Employment, are published separately as HL Bill 3- EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

The Baroness Blackstone has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Special Educational Needs and Disability Bill [H.L.] are compatible with the Convention rights.

Special Educational Needs and Disability Bill [H.L.]

ARRANGEMENT OF CLAUSES

PART I

SPECIAL EDUCATIONAL NEEDS

Mainstream education

Clause

1. Education in mainstream schools of children with special educational needs.

General duties of local education authorities

2. Advice and information for parents.

3. Resolution of disputes.

4. Compliance with orders.

Appeals

5. Unopposed appeals.

6. Maintenance of statement during appeal.

Identification and assessment of educational needs

7. Duty to inform parent where special educational provision made.

8. Review or assessment of educational needs at request of responsible body.

9. Duty to specify named school.

PART II

DISABILITY DISCRIMINATION IN EDUCATION

CHAPTER I

SCHOOLS

Duties of responsible bodies

10. Discrimination against disabled pupils and prospective pupils.

11. Meaning of "discrimination".

12. Disabled pupils not to be substantially disadvantaged.

13. Accessibility strategies and plans.

14. Accessibility strategies and plans: procedure.

15. Residual duty of education authorities.

Enforcement

16. Special Educational Needs and Disability Tribunal.

17. Jurisdiction and powers of the Tribunal.

18. Procedure.

19. Admissions.

20. Exclusions.

21. Roles of the Secretary of State and the National Assembly.

22. Enforcement procedure: Scotland.

23. Validity and revision of agreements of responsible bodies.

24. Interpretation.

CHAPTER II

FURTHER AND HIGHER EDUCATION

Duties of responsible bodies

25. Discrimination against disabled students and prospective students.

26. Meaning of "discrimination".

27. Disabled students not to be substantially disadvantaged.

28. Further education etc. provided by local education authorities and schools.

Enforcement

29. Right of redress.

30. Occupation of premises by educational institutions.

31. Validity and revision of agreements.

32. Interpretation.

33. Removal of certain duties of funding bodies.

CHAPTER III

MISCELLANEOUS

34. Extension of role of Disability Rights Commission.

35. Codes of practice.

36. Conciliation for disputes under Part IV of the 1995 Act.

37. Relationship with other Parts of the 1995 Act.

38. Application to the Isles of Scilly.

39. Duty of Teacher Training Agency.

PART III

SUPPLEMENTARY

40. Expenses of Secretary of State.

41. Minor amendments and repeals.

42. Short title, interpretation, commencement and extent.

SCHEDULES:

    Schedule 1 - Responsible bodies for schools.

    Schedule 2 - Amendment of Schedule 3 to the 1995 Act.

    Schedule 3 - Responsible Bodies for Educational Institutions.

    Schedule 4 - Modifications of Chapter II of Part IV of the 1995 Act.

    Part I - Modifications for England and Wales.

    Part II - Modifications for Scotland.

    Schedule 5 - Amendment of Schedule 4 to the 1995 Act.

    Schedule 6 - Amendments to the Disability Rights Commission Act 1999.

    Schedule 7 - Minor and Consequential Amendments.

    Part I - The 1996 Act.

    Part II - Other Enactments.

    Schedule 8 - Repeals.

© Parliamentary copyright 2000
Prepared 8 December 2000