Hi all
I receieved the following press release from a colleague on another
list and thought that it may be of interest to members on this list.
Andy
UK Government Press Release
Department for Education and Employment: 2001/0265
11 May 2001
SPECIAL EDUCATIONAL NEEDS AND DISABILITY BILL
RECEIVES ROYAL ASSENT
The Special Educational Needs (SEN) and Disability Bill received
Royal Assent today. The Act makes changes to the existing
framework for children with SEN. It also places new anti
discrimination duties on schools, colleges, universities and
providers of adult education -removing the exemption of
education from the Disability Discrimination Act (1995).
Part 1 of the Act:
* strengthens the right of children with SEN to be educated in
mainstream schools where parents wish it and where the interests
of other children can be protected;
* requires Local Education Authorities (LEAs) to ensure parents of
children with SEN are provided with advice and information and a
means of resolving disputes with schools and Local Education
Authorities;
* requires Local Education Authorities to comply, within prescribed
periods, with orders of the Special Educational Needs Tribunal
(SENT), and makes other technical changes in support of the
SENT appeals process and statementing process; and
* requires schools to inform parents where they are making SEN
provision for their child and allow schools to request a statutory
assessment of a pupil's SEN.
Part 2 of the Act amends the Disability Discrimination Act (1995)
by placing new duties on providers of school and post-16
education. In school education there are new duties on Local
Education Authorities and schools (including independent and non-
maintained special schools) in England and Wales
and on Local Authorities (LAs), independent schools, self-
governing schools and grant-aided schools in Scotland.
In England, Scotland and Wales there are new duties:
* not to treat disabled pupils less favourably, without justification,
for a reason which relates to their disability; and
* to make reasonable adjustments so that disabled pupils are not
put at a substantial disadvantage to pupils who are not disabled
(but there is no duty to remove or alter physical features or provide
auxiliary aids and services).
In England and Wales only there is also a new duty to plan
strategically and make progress in increasing accessibility to
schools' premises and to the curriculum, and in improving the ways
in which written information provided to pupils who are not disabled
is provided to disabled pupils.
In post-16 education in England, Scotland and Wales there are
new duties on further education institutions, higher education
institutions, Local Education Authorities and Local Authorities in
respect of adult education and youth services provision secured by
them. The duties are:
* not to treat disabled students less favourably, without
justification, for a reason which relates to their disability; and
* to make reasonable adjustments to ensure that people who are
disabled are not put at a substantial disadvantage compared to
people who are not disabled in accessing further, higher and Local
Education Authority-secured education.
NOTES TO EDITORS
This Press Notice applies to England, Wales and Scotland in parts.
1. The Bill was introduced into the House of Lords on 7 December
2000. It passed into the House of Commons on 5 March 2001.
2. Copies of the Act and the accompanying explanatory notes are
available from: The Stationery Office (0870 600 5522 or
http://www.legislation.hmso.gov.uk/acts/acts2001.htm)
SURFACE
Salford University, Research Focus on ACcessible Environments
http://www.scpm.salford.ac.uk/surface/
Tel: 01874 636826
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