Statutory Instruments
EDUCATION, ENGLAND
Made
2nd September 1999
Laid before Parliament
8th September 1999
Coming into force
1st October 1999
In exercise of the powers conferred on the Secretary of State by sections 317(5) and 569(4) and (5) of the Education Act 1996(1) and sections 92(3) and (6) and 138(7) and (8) of the School Standards and Framework Act 1998(2), the Secretary of State for Education and Employment hereby makes the following Regulations.
1.—(1) These Regulations may be cited as the Education (Special Educational Needs) (Information) (England) Regulations 1999 and shall come into force on 1st October 1999.
(2) These Regulations apply only in relation to England.
(3) The Education (Special Educational Needs) (Information) Regulations 1994(3) shall be revoked in relation to England.
2. In these Regulations–
“the 1996 Act” means the Education Act 1996;
“the 1998 Act” means the School Standards and Framework Act 1998;
“maintained 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.
3.—(1) The governing body of every maintained 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.
4.—(1) 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.
(2) The first occasion on which copies of the document referred to in paragraph (1) above are made available in accordance with that paragraph shall be no later than 1st November 1999.
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.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
2nd September 1999
Regulation 3(1)
1. The objectives of the governing body in making provision for pupils with special educational needs, and a description of how the governing body’s special educational needs policy will contribute towards meeting those objectives.
2. The name of the person who is responsible for co-ordinating the day to day provision of education for pupils with special educational needs at the school (whether or not the person is known as the SEN co-ordinator).
3. The arrangements which have been made for co-ordinating the provision of education for pupils with special educational needs at the school.
4. The admission arrangements for pupils with special educational needs who do not have a statement in so far as they differ from the arrangements for other pupils.
5. The kinds of provision for special educational needs in which the school specialises and any special units.
6. Facilities for pupils with special educational needs at the school including facilities which increase or assist access to the school by pupils who are disabled.
7. How resources are allocated to and amongst pupils with special educational needs.
8. How pupils with special educational needs are identified and their needs determined and reviewed.
9. Arrangements for providing access by pupils with special educational needs to a balanced and broadly based curriculum (including the National Curriculum).
10. How pupils with special educational needs engage in the activities of the school together with pupils who do not have special educational needs.
11. How the governing body evaluate the success of the education which is provided at the school to pupils with special educational needs.
12. Any arrangements made by the governing body relating to the treatment of complaints from parents of pupils with special educational needs concerning the provision made at the school.
13. Any arrangements made by the governing body relating to in-service training for staff in relation to special educational needs.
14. The use made of teachers and facilities from outside the school including links with support services for special educational needs.
15. The role played by the parents of pupils with special educational needs.
16. Any links with other schools, including special school, and the provision made for the transition of pupils with special educational needs between schools or between the school and the next stage of life or education.
17. Links with child health services, social services and educational welfare services and any voluntary organisations which work on behalf of children with special educational needs.
Regulation 3(2)
1. The objectives of the governing body in making provision for pupils with special educational needs, and a description of how the governing body’s special educational needs policy will contribute towards meeting those objectives.
2. The kinds of special educational needs for which provision is made at the school.
3. Facilities for pupils at the school including facilities which increase or assist access to the school by pupils who are disabled.
4. How resources are allocated amongst pupils.
5. How the needs of pupils are identified and reviewed.
6. Arrangements for providing access by pupils to a balanced and broadly based curriculum (including the National Curriculum).
7. How the governing body evaluate the success of the education which is provided at the school to pupils.
8. Any arrangements made by the governing body relating to the treatment of complaints from parents of pupils concerning the provision made at the school.
9. Any arrangements made by the governing body relating to in-service training for staff in relation to special educational needs.
10. The use made of teachers and facilities from outside the school including the links with support services for special educational needs.
11. The role played by parents of pupils.
12. Any links with other schools, and any arrangements for managing the transition of pupils between schools or between the school and the next stage of life or education.
13. Links with child health services, social services and educational welfare services and any voluntary organisations which work on behalf of children with special educational needs.
Regulation 3(3)
1. The name of the person who is responsible for co-ordinating the day to day provision of education for pupils with special educational needs at the school (whether or not the person is known as the SEN co-ordinator).
2. How pupils with special educational needs are identified and their needs determined and reviewed.
3. How resources are allocated to and amongst pupils with special educational needs.
4. How the educational progress of pupils with special educational needs is monitored.
5. How the contents of a pupil’s statement are ascertained and made known to staff.
6. The arrangements for ensuring continuity of the educational provision set out in a pupil’s statement differentiating where necessary between long stay and short stay patients.
7. Arrangements for providing access by pupils with special educational needs to a balanced and broadly based curriculum.
8. The use made of teachers and facilities from outside the school including links with support services for special educational needs.
(This note is not part of the Regulations)
These Regulations, which come into force on 1st October 1999 and apply only to England, make provision for the publication of information about matters relating to the provision of education for pupils with special educational needs in their schools by the governing bodies of maintained schools.
The Regulations replace the Education (Special Educational Needs) (Information) Regulations 1994, which are revoked in relation to England.
The Regulations refer to the new categories of maintained schools in the School Standards and Framework Act 1998. They also remove the requirement to deal with the implementation of the school’s SEN policy in the governors' annual report which is now dealt with by the Education (Governors' Annual Reports) (England) Regulations 1999 (S.I. 1999/2157). Otherwise there are no changes of any substance from the 1994 Regulations.
1996 c. 56. By virtue of S.I. 1999/672 the powers conferred by these sections are exercisable by the Secretary of State only in relation to England. Section 317(5) is amended by paragraph 74(6) of Schedule 30 to the School Standards and Framework Act 1998. For the meaning of “prescribed ” and “regulations” see section 579(1).
1998 c. 31. By virtue of S.I. 1999/672 the powers conferred by these sections are exercisable by the Secretary of State only in relation to England. For the meaning of “prescribed” and “regulations” see section 142(1).
S.I. 1994/1048.