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Citation, commencement and extent

1.—(1) These Regulations may be cited as the Education (Special Educational Needs) (Information) (Wales) Regulations 1999 and shall come into force on 1st September 1999.

(2) These Regulations apply in relation to schools in Wales.

Interpretation

2.  In these Regulations–

“the 1996 Act” means the Education Act 1996;

“the 1998 Act” means the School Standards and Framework Act 1998;

“governors' report” means the report which the governing body are required to prepare once in every year under section 42(1) of the 1988 Act;

“last governors' report” means the last governors' report prepared by the governing body or (if no such report has previously been prepared by them under section 42(1) of the 1998 Act) the last governors' report prepared by them pursuant to the requirements included in the articles of government for the school by virtue of section 161 of, or paragraph 7 of Schedule 23 to, the 1996 Act(1);

“mainstream school” means a community, foundation or voluntary school;

“maintained special school” means a community or foundation special school; and

“statement” means a statement of special educational needs within the meaning of section 324(1) of the 1996 Act.

Publication of information about special education needs

3.—(1) The governing body of every mainstream school shall publish information about the matters set out in Schedule 1.

(2) The governing body of every maintained special school, other than one established in a hospital, shall publish information about the matters set out in Schedule 2.

(3) The governing body of every maintained special school which is established in a hospital shall publish information about the matters set out in Schedule 3.

Manner of publication of information

4.  The information referred to in regulation 3 shall be published in a single document by making copies available free of charge–

(a)for distribution–

(i)to parents of pupils or prospective pupils, and

(ii)to the local education authority and District Health Authority for the area in which the school is situated,

who or which request a copy at the school or through the post; and

(b)for reference at the school.

Publication of information—supplementary

5.  Where the information referred to in regulation 3 is to be published by the local education authority with the agreement of the governing body pursuant to section 92(5) of the 1998 Act, it shall be supplied to them by the governing body and shall be published without material alteration.

Governors' Reports

6.  Each governors' report shall include the information about the implementation of the governing body’s policy for pupils with special educational needs specified in Schedule 4.

Revocation of Regulations

7.  The Education (Special Educational Needs) (Information) Regulations 1994(2) are revoked in relation to Wales.

Signed by authority of the Secretary of State for Wales

Peter Hain

Parliamentary Under Secretary of State, Welsh Office

23rd May 1999