---

Education and Inspections Bill

With this it will be convenient to discuss the following: New clause 5—Restrictions on special school closures—"‘(1) No special school shall be closed by a local education authority without the consent of the Secretary of State.""(2) The Secretary of State shall only consent to the closure of a special school if there are places at nearby special schools in sufficient number and sufficient quality to replace the school adequately.'." New clause 30—Professional standards for teachers—"‘Professional standards for teachers shall require that all those receiving—""shall be required to demonstrate an understanding of special educational needs and disability legislation.'." New clause 31—Permanent exclusion of pupils—"‘(1) This section applies in relation to the permanent exclusion of a disabled pupil or a pupil with special educational needs by any school at which education is provided for him.""(2) No such pupil shall be excluded unless a review has been held of—" New clause 52—Circulation of materials in relation to course of study—"‘After section 85A of EA 2002 (inserted by this Act) insert—""Where a course of study within an entitlement area specified by the Secretary of State under section 85A(1)(b) is to be introduced, the Secretary of State must ensure that all necessary materials are circulated to schools and other relevant learning providers at least one full academic year before their introduction and that due consideration is given to the time it takes to translate such material into Braille.””.'." New clause 77—Duty of local education authority in relation to excluded pupils with special needs—"‘(1) Section 19 of EA 1996 (exceptional provision of education in pupil referral units or elsewhere) is amended as follows.""(2) After subsection (3B) (inserted by section 93 of this Act) insert—""““(3C) Where a statement of special educational needs is maintained by the local education authority in respect of a pupil pursuant to section 324, the period following which education referred to in subsection (3A) must be provided must be sufficient to permit the authority to amend or otherwise reassess the statement where required by law.””.'." New clause 78—Responsibility of governing body for discipline (supplementary provisions)—"‘The governing body of a relevant school must not delegate responsibility for the policy drawn up under section 80(1) to anyone unless that person has demonstrated an understanding of special educational needs and disability legislation.'." New clause 79—Determination by head teacher of behaviour policy (supplementary provisions)—"‘The head teacher must, in determining measures under section 81(1), show—" New clause 80—Duty of local education authority in relation to excluded pupils with disabilities or special needs—"‘(1) Section 19 of EA 1996 (exceptional provision of education in pupil referral units or elsewhere) is amended as follows.""(2) After subsection (3B) (inserted by section 93 of this Act) insert—""““(3C) The local education authority shall have particular regard to the appropriateness of educational provision made for excluded pupils where those are disabled pupils or pupils with special educational needs.””.'." Amendment No. 16, in page 25, line 17, at end insert—"‘(6A) In discharging those functions, the governing body of a maintained school shall also have regard to the provision of appropriate teaching and learning support for any child with special educational needs.'." Amendment No. 17, in page 26, line 38, after ‘requirements,', insert—"‘which shall in particular include a requirement to give priority in admissions to disabled children and children with special educational needs who do not have a statement under section 324 of EA 1996,'." Amendment No. 18, in page 27, line 29, leave out ‘may' and insert ‘shall'. Amendment No. 19, in page 27, line 31, at end insert—"‘, and these shall include a report on the numbers of disabled pupils and those with special educational needs admitted to each school in the area.'." Government amendment No. 67.