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Special Educational Needs and Disability Act 2001
The Special Educational Needs and Disability Bill was a part of the government's commitment to a "significant extension of the rights of children".A child is considered to have a Special Educational Need (SEN) if they are under 19 years of age, and have a learning difficulty which calls for special provisions to be made - around 20 per cent of children have some form of SEN at any one time. Although the majority of children have their needs met by their schools, around three per cent have "severe or complex" needs which requires their LEA to arrange for special provision.
It aimed to "strengthen the right" of a disabled child to be educated in mainstream schools where it is appropriate although there will still be a "vital" role for special schools. Local Education Authorities are obliged to provide parents and children with information and advice, and a means of resolving disputes when they arise.
LEAs will be required to inform parents of where they are making special educational provision for their child and allow schools to request a statutory assessment of a disabled pupil's educational needs, including any special provisions such as occupational therapy. LEAs will also be required to comply with orders of the Special Educational Needs Tribunal within a specified time period.
The bill consisted of two parts. Part One comprised the proposals made in 1997's green paper Excellence for all children: meeting special educational needs and subsequent action programmes.
Part two addressed the exemption of education in the 1995 Disability Discrimination Act by introducing disability discrimination rights for schools, further and higher education and the youth service, taking forward the recommendations contained in 1999's Disability Rights Task Force report From Exclusion to Inclusion.
The bill placed new obligations on Local Education Authorities, schools - including private establishments - and higher education establishments which include ensuring that disabled students are not treated less favourably and to make "reasonable" adjustments to ensure that such students are not put at a disadvantage. The definition of reasonable does not include altering or removing physical features or providing auxiliary aids and services, except in England and Wales where there would be a duty to plan "strategically" and make progress in physical alteration. This is because, unlike the other elements of the bill, the duty to plan for accessibility is a devolved matter.
The Disability Rights Commission was also enabled to prepare new codes of practice to "explain and illustrate the legislation to education providers, disabled people and others, and to be able to investigate cases".
House of Lords
First reading: December 7 2000
Second reading: December 19 2000
Grand Committee
- January 23 2001
- January 29 2001
- January 30 2001
- February 6 2001
Report: February 20 2001
Third reading: March 1 2001
House of Commons
First reading: March 5 2001
Second reading: March 20 2001
- Committee: 1st sitting: March 27 2001 (am)
- 2nd sitting: March 27 2001 (pm)
- 3rd sitting: March 29 2001 (am)
- 4th sitting: March 29 2001 (pm)
- 5th sitting: April 3 2001 (am)
- 6th sitting: April 3 2001 (pm)
- 7th sitting: April 5 2001 (am)
Remaining stages: April 26 2001
House of Lords
Consideration of Commons amendments: April 30 2001
Royal assent: May 11 2001
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