Education Act 1993 (repealed)

161 Duties of governing body etc. in relation to pupils with special educational needs. E+W

(1) The governing body, in the case of a county, voluntary or grant-maintained school, and the local education authority, in the case of a maintained nursery school, shall—

(a) use their best endeavours, in exercising their functions in relation to the school, to secure that if any registered pupil has special educational needs the special educational provision which his learning difficulty calls for is made,

(b) secure that, where the responsible person has been informed by the local education authority that a registered pupil has special educational needs, those needs are made known to all who are likely to teach him, and

(c) secure that the teachers in the school are aware of the importance of identifying, and providing for, those registered pupils who have special educational needs.

(2) In subsection (1)(b) above, “the responsible person” means—

(a) in the case of a county, voluntary or grant-maintained school, the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this paragraph, that other governor), and

(b) in the case of a nursery school, the head teacher.

(3) To the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs—

(a) the governing bodies of county, voluntary and grant-maintained schools shall, in exercising functions relating to the provision for such children, consult the local education authority, the funding authority and the governing bodies of other such schools, and

(b) in relation to maintained nursery schools, the local education authority shall, in exercising those functions, consult the funding authority and the governing bodies of county, voluntary and grant-maintained schools.

(4) Where a child who has special educational needs is being educated in a county, voluntary or grant-maintained school or a maintained nursery school, those concerned with making special educational provision for the child shall secure, so far as is reasonably practicable and is compatible with—

(a) the child receiving the special educational provision which his learning difficulty calls for,

(b) the provision of efficient education for the children with whom he will be educated, and

(c) the efficient use of resources,

that the child engages in the activities of the school together with children who do not have special educational needs.

(5) The annual report for each county, voluntary, maintained special or grant-maintained school shall include a report containing such information as may be prescribed about the implementation of the governing body’s policy for pupils with special educational needs; and in this subsection “annual report” means the report prepared under the articles of government for the school in accordance with section 30 of the M1 Education (No. 2) Act 1986 or, as the case may be, paragraph 8 of Schedule 6 to this Act.

Modifications etc. (not altering text)

C2 S. 161(5) modified (1.1.1994) by S.I. 1993/3103, reg. 2, Sch. 1 Pt.I para.5

S. 161(5) appled (with modificatons) (1.9.1994) by S.I. 1994/1048, reg. 6(b)

S. 161(5) applied (with modifications) (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

Commencement Information

I1 S. 161 wholly in force at 1.4.1994; s. 161 not in force at Royal Assent see s. 308(3); s. 161(5) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1;s. 161 in force at 1.4.1994 insofar as not already in force by S.I. 1994/507, art. 3(1)

Marginal Citations

M1 1986 c. 61.