49.—(1) The appropriate authority of a relevant school must ensure that the SENCO appointed under section 67(2) of the Act meets all of the requirements in either paragraph (2) or (3).
(2) The requirements in this paragraph are that the SENCO—
(a)is a qualified teacher [F1other than by virtue of paragraph 8A of Part 1 of Schedule 2 to the Education (School Teachers’ Qualifications) (England) Regulations 2003];
(b)if required to complete an induction period under regulations made under section 135A of the Education Act 2002 M1, has satisfactorily completed such an induction period; and
(c)is working as a teacher at the school.
(3) The requirement in this paragraph is that the SENCO is the head teacher or acting head teacher (or equivalent in the case of an Academy school) of the school.
(4) Where a person becomes the SENCO at a relevant school after 1st September 2009, and has not previously been the SENCO at that or any other relevant school for a total period of more than twelve months, the appropriate authority of the school must ensure that, if the person is the SENCO at the school at any time after the third anniversary of the date on which that person becomes a SENCO, that person holds the qualification, mentioned in paragraph (5).
(5) The qualification referred to in paragraph (4) is a postgraduate qualification in special educational needs co-ordination, for the time being known as “The National Award for Special Educational Needs Co-ordination”, awarded by a recognised body.
(6) For the purposes of paragraph (5), a recognised body is a body designated by the Secretary of State by order made under section 216(1) of the Education Reform Act 1988 M2;
Textual Amendments
F1Words in reg. 49(2)(a) inserted (19.12.2016) by The Education (School Teachers Qualifications and Induction Arrangements and Special Educational Needs Co-ordinators) (Amendment) Regulations 2016 (S.I. 2016/1123), regs. 1, 4(2)
Marginal Citations
M12002 c.32. Section 135A was inserted by section 9 of the Education Act 2011 (c.21)