Education Act 1996

317 Duties of governing body or LEA in relation to pupils with special educational needs. E+W

(1) The governing body, in the case of [F1 a community, foundation or voluntary 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) “the responsible person” means—

(a) in the case of [F1 a community, foundation or voluntary 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 [F2 community, foundation and voluntary schools] shall, in exercising functions relating to the provision for such children, consult the local education authority F3 . . . 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 [F4 the governing bodies of community, foundation and voluntary schools.]

(4) Where a child who has special educational needs is being educated in [F5 a community, foundation or voluntary 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 [F6 each community, foundation or voluntary or community or foundation special 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.

(6) The annual report for [F7 each community, foundation or voluntary school] shall also include a report containing information as to—

(a) the arrangements for the admission of disabled pupils;

(b) the steps taken to prevent disabled pupils from being treated less favourably than other pupils; and

(c) the facilities provided to assist access to the school by disabled pupils;

and for this purpose “disabled pupils” means pupils who are disabled persons for the purposes of the M1 Disability Discrimination Act 1995.

(7) In this section “annual report” means the report prepared under [F8 section 42 of the School Standards and Framework Act 1998.]

Textual Amendments

F1 Words in s. 317(1)(2)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 74(2)(3) (with ss. 138(9), 144(6))

F2 Words in s. 317(3)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 74(4)(a)(i) (with ss. 138(9), 144(6))S.I. 1999/2323, art. 2(1), Sch. 1

F3 Words in s. 317(3)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 74(4)(a)(ii), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F4 Words in s. 317(3)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 74(4)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F5 Words in s. 317(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 74(5) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F6 Words in s. 317(5) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 74(6) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), SCh. 1

F7 Words in 317(6) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 74(7) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F8 Words in s. 317(7) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 74(8) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Commencement Information

I1 S. 317 wholly in force; s. 317(1)-(5)(7) in force at 1.11.1996 see s. 583(3)(5); s. 317(6) in force at 1.1.1997 by S.I. 1996/2904, art. 2

Marginal Citations

M1 1995 c. 50.