Explanatory note

These Regulations amend regulation 3 of the Education (Special Educational Needs Co-ordinators) (England) Regulations 2008 (“the Principal Regulations”).

The amendments affect the designation of a person as the SENCO of a community, foundation and voluntary school or a maintained nursery school in England, where the person is designated as the SENCO on the coming into force of the Principal Regulations on 1 September 2009 but has less than a year’s experience of being the SENCO. They also affect the designation of a person who is designated as the SENCO after that date and who does not have at least 12 months previous experience of being a SENCO when the designation is made. As amended, the Principal Regulations require the governing body to ensure that, if the person is designated as the SENCO at any time after “the required date”, the person holds the qualification for the time being known as “the National Award for SEN Co-ordination”. In the case of persons who are SENCOs on 1st September 2009, “the required date” is 1st September 2012. In any other case it is the third anniversary of the date on which the person is designated as the SENCO.

A full impact assessment of the effect that this instrument will have is available on the Department for Children, Schools and Families consultation website and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.