# The Education (Special Educational Needs Co-ordinators) (England) Regulations 2008, Regulation 3: Prescribed qualifications and experience of SENCOs

Extent: E+W

(1) The governing body of a relevant school must ensure that the SENCO appointed under section 317(3A) of the Education Act 1996 meets each of the requirements in one of paragraphs (2), (3) and (4).
(2) The requirements in this paragraph are that the SENCO—
(a) is a qualified teacher, other than by virtue of paragraph 8A of Part 1 of Schedule 2 to the Education (School Teachers’ Qualifications) (England) Regulations 2003
(b) if required to complete an induction period under regulations made under section 19 of the Teaching and Higher Education Act 1998, has satisfactorily completed such an induction period, and
(c) is working as a teacher at the school.
(3) The requirement in this paragraph is that the SENCO is the head teacher or acting head teacher of the school and meets the requirements of regulations made under section 135 of the Education Act 2002 if required to do so.
(4) The requirements in this paragraph are that the SENCO—
(a) has had responsibility for co-ordinating the making of special educational provision for pupils with special educational needs at the school for a period of at least six months ending on the 31st August 2009, and
(b) the governing body is satisfied that—
(i) the SENCO is taking steps to meet the requirements in paragraph (2), and
(ii) there is a reasonable prospect that the SENCO will meet those requirements by 1st September 2011.
(5) Paragraph (6) applies to a person—
(a) who is the SENCO at a relevant school on 1st September 2009, and who on that date has not been the SENCO at that or any other relevant school for a total period of more than twelve months; or
(b) who becomes the SENCO at a relevant school after 1st September 2009, and who has not previously been the SENCO at that or any other relevant school for a total period of more than twelve months.
(6) The governing body of the school must ensure that, if the person is the SENCO at the school at any time after the required date, that person holds the qualification mentioned in paragraph (7).
(7) The qualification referred to in paragraph (6) is the qualification for the time being known as “The National Award for Special Educational Needs Co-ordination”.
(8) In paragraph (6), “the required date” means—
(a) in respect of a person falling within paragraph (5)(a), 1st September 2012, or
(b) in respect of a person falling within paragraph (5)(b), the third anniversary of the date on which that person becomes the SENCO.

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Source: https://www.legislation.gov.uk/uksi/2008/2945/regulation/3 (the official version)
Page: https://openlegislation.uk/education-special-educational-needs-co-ordinators-england-regulations-2008/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.