C6Part IV Special educational needs
C9Chapter I Children F14in wales with special educational needs
Words in Pt. 4 Ch. 1 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 9; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))
Pt. 4 Ch. 1 excluded (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 81, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
Special educational provision: general
I1C2317C9 Duties of governing body or F11local authority in relation to pupils with special educational needs.
C1C41
F5The governing body of a community, foundation or voluntary school or 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 F10local authority that a registered pupil has special educational needs, those needs are made known to all who are likely to teach him, and
C7c
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.
C4F62
In subsection (1)(b) “the responsible person” means 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 subsection, that other governor).
C43
To the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs—
a
F8b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93A
The governing body of a community, foundation or voluntary school or a maintained nursery school shall designate a member of the staff at the school (to be known as the “special educational needs co-ordinator”) as having responsibility for co-ordinating the provision for pupils with special educational needs.
3B
Regulations may—
a
require the governing bodies of schools falling within subsection (3A) to ensure that special educational needs co-ordinators have prescribed qualifications or prescribed experience (or both), and
b
confer on the governing bodies of those schools other functions relating to special educational needs co-ordinators.
C5C84
Where a child who has special educational needs is being educated in F3a 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.
C3F45
The governing body of a community, foundation or voluntary school, a maintained nursery school, or a community or foundation special school shall F15include special needs information in the report prepared under section 30(1) of the Education Act 2002 (governors' report).
F16a
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F17b
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6
In subsection (5) “special needs information” means—
a
such information as may be prescribed about the implementation of the governing body's policy for pupils with special educational needs, and
b
information as to—
i
the arrangements for the admission of disabled persons as pupils at the school,
ii
the steps taken to prevent disabled pupils from being treated less favourably than other pupils,
iii
the facilities provided to assist access to the school by disabled pupils, and
iv
the plan prepared by the governing body under F13paragraph 3 of Schedule 10 to the Equality Act 2010 (“the 2010 Act”).
6A
F12In subsection (6)(b) “disabled person” means a person who is a disabled person for the purposes of the 2010 Act; and section 89 (interpretation of Part 6) of, and paragraph 6 of Schedule 10 (supplementary provisions for Schedule 10) to, the 2010 Act apply for the purposes of subsection (6)(b) as they apply for the purposes of Part 6 of and Schedule 10 to that Act.
Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)