Statutory Instrument 1994 No. 1048

The Education (Special Educational Needs) (Information) Regulations 1994

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© Crown Copyright 1994

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1994 No. 1048

EDUCATION, ENGLAND AND WALES

The Education (Special Educational Needs) (Information) Regulations 1994

In exercise of the powers conferred on the Secretary of State by section 8(5) and (7) of the Education Act 1980^[1] and sections 153(1), 161(5) and 305(1)^[2] of, and paragraph 14 of Schedule 11 to, the Education Act 1993^[3], the Secretary of State for Education, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Education (Special Educational Needs) (Information) Regulations 1994 and shall come into force on 1st September 1994.

Publication of information about special educational needs
    2.—(1)  The governing body of each county, voluntary, or grant-maintained school, shall publish information about the matters set out in Schedule 1.

    (2)  The governing body of each maintained or grant-maintained special school, other than a special schoool established in a hospital, shall publish information about the matters set out in Schedule 2.

    (3)  The governing body of each maintained or grant-maintained special school which is established in a hospital shall publish information about the matters set out in Schedule 3.

Manner of publication of information
    3.—(1)  The information referred to in regulation 2 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, District Health Authority or funding 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 August 1995.

Publication of information - supplementary
    4.    Where the information referred to in regulation 2 is to be published by the local education authority with the agreement of the governing body pursuant to section 8(6) of the Education Act 1980^[4], it shall be supplied to them by the governing body and shall be published without material alteration.

Annual reports
    5.—(1)  The annual report for each county, voluntary, maintained special, grant- maintained or grant-maintained special school shall include a report containing the information about the implementation of the governing body's policy for pupils with special educational needs as specified in Schedule 4.

    (2)  Paragraph (1) above shall apply in relation to the first annual report prepared after 1st August 1995 and to each annual report prepared thereafter.

Modification of the Education Act 1993 in relation to grant-maintained special schools
    6.    The provisions of Part II, Chapter X and Part III of the Education Act 1993 set out in paragraphs (a) and (b) below shall have effect with the modifications as therein stated-
 (a) section 153 (provision of information by governing body) shall apply to the governing body of a grant-maintained special school; and
 (b) section 161(5) (duties of governing body etc. in relation to pupils with special educational needs) shall apply to each grant-maintained special school and the reference in that subsection to "annual report" shall include a report prepared under the articles of government of a grant-maintained special school.

[1] 1980 c. 20; section 8(5) was substituted by the Education (Schools) Act 1992 (c. 38), Schedule 4, paragraph 4(1). back

[2] Seethe definitions of "prescribed" and "regulations". back

[3] 1993 c. 35. back

[4] Section 8(6) was substituted by the Education (Schools) Act 1992 (c. 38), Schedule 4, paragraph 4(1). back

Explanatory Note