Special Educational Needs

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Review of Statutory Duties
Department Theme Unique ref Number Legislation Education Act 1996 Part IV, Chapter 1 (sections 312-332B) and Schedules 26 and 27 . Secondary - The Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 (SI 2001/3455). Department for Education Special Education Needs DFE_036 1996 Year Title of duty Children with Special Educational Needs Function - What is it intended to achieved? Identifying and assessing Special Educational Needs, making and reviewing Special Educational Needs statements and a transition plan from age 14. Keeping arrangements for Special Educational Needs provision under review. Making arrangements for an advice and information service and a dispute resolution service for parents of children with Special Educational Needs. More recent legislation has made minor amendments to the Education Act 1996. (Subject to proposals in the SEN Green Paper.)

Education Act 1996 Section 14 . Department for Education Special Education Needs DFE_037 1996

Learning and Skills Act 2000 Section 139A (as amended by Education and Skills Act 2008, Section 80)

Department for Education

Special Education Needs

DFE_062

2008

In carrying out their duty to provide sufficient schools for the area local authorities must have particular regard for the need to secure Special Educational Needs provision for pupils with Special Educational Needs. (Subject to proposals in the SEN Green Paper) Expands and transfers to the local authorities the To ensure young people with a learning difficulty or disability are able to secure appropriate learning provision in the duty currently on the of the Secretary of State to arrange for assessments of a person’s educational Further Education Sector and training needs in certain circumstances, and his power to arrange such assessments. The duty on local authorities is to arrange for an assessment of a person in respect of whom it maintains a statement of Special Educational Needs - who is either in his or her last year of compulsory schooling or is over compulsory school age but still at school - at some time during the person’s last year of schooling. Publication of information about Special Educational Needs (SEN). SEN payments to Academies in relation to pupils with statements. Publishing information on the local authority’s Special Educational Needs policies and the arrangements and activities in carrying them out. Sets out arrangements whereby local authorities may make payments to an approved Academy in respect of a child for whom a statement is made. Local authorities are required to review the payment arrangements, in consultation with governing bodies. Places a duty on local authorities to publish miscellaneous information annually (including the making of educational grants, Special Educational Needs provision, school transport strategies, school uniform policies etc). The amendments to these regulations (SI 2010/1006), which came into force on 1 September 2010, do not amend this duty. Local authorities have a power to secure boarding accommodation for young people aged over 16 but under 5 who are subject to a learning difficulty assessment

Functions in respect of provision in primary and secondary schools.

Department for Education

Special Education Needs

DFE_064

Department for Education

Special Education Needs

DFE_068

The Special Educational Needs (Provision of Information by Local Education Authorities) (England) Regulations 2001 (SI 2001/2218). The Education (Special Educational Needs) (City Colleges) (England) Regulations 2002 (SI 2002/2071).

2001

2002

The Education School Information (England) Regulations 2008 Regulation 8 of SI 2008/3093. Department for Education Special Education Needs DFE_149 2008

Local authority to publish other information for parents

Department for Education

Special Education Needs

DFE_161

Apprenticeships, Skills, Children and Learning Act (2009) Part 2 section 46 inserts section 514A - in the Education Act (1996)

2009

Provision of boarding accommodation for persons subject to learning difficulty assessment

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