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The Education (Special Educational Needs) (Information) (Wales) Regulations 1999

S.I. 1999/1442 · Made 23 May 1999 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 September 2022.

EDUCATION, ENGLAND AND WALES

WALES

Made 23rd May 1999

Laid before Parliament 26th May 1999

Coming into force 1st September 1999

In exercise of the powers conferred on the Secretary of State by sections 317(5) and 569(4) and (5) of the Education Act 1996f1 and sections 92(3) and 138(7) and (8) of the School Standards and Framework Act 1998f2, the Secretary of State for Wales hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1996 c. 56. Section 317(5) is amended by paragraph 74(6) of Schedule 30. For the meaning of “prescribed” see section 579(1).

f2

1998 c. 31. For the meaning of “regulations” see section 142(1).

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. 3Publication of information about special education needs
  4. 4Manner of publication of information
  5. 5Publication of information—supplementary
  6. 6Governors' Reports
  7. 7Revocation of Regulations
  8. Signature
  9. Schedule 1: Information from mainstream schools
  10. 1Basic information about the school’s special education provision
  11. 2Basic information about the school’s special education provision
  12. 3Basic information about the school’s special education provision
  13. 4Basic information about the school’s special education provision
  14. 5Basic information about the school’s special education provision
  15. 6Basic information about the school’s special education provision
  16. 7Information about the school’s policies for the identification, assessment and provision for all pupils with special educational needs
  17. 8Information about the school’s policies for the identification, assessment and provision for all pupils with special educational needs
  18. 9Information about the school’s policies for the identification, assessment and provision for all pupils with special educational needs
  19. 10Information about the school’s policies for the identification, assessment and provision for all pupils with special educational needs
  20. 11Information about the school’s policies for the identification, assessment and provision for all pupils with special educational needs
  21. 12Information about the school’s policies for the identification, assessment and provision for all pupils with special educational needs
  22. 13Information about the school’s staffing policies and partnership with bodies beyond the school
  23. 14Information about the school’s staffing policies and partnership with bodies beyond the school
  24. 15Information about the school’s staffing policies and partnership with bodies beyond the school
  25. 16Information about the school’s staffing policies and partnership with bodies beyond the school
  26. 17Information about the school’s staffing policies and partnership with bodies beyond the school
  27. Schedule 2: Information from maintained special schools not established in hospitals
  28. 1Basic information about the school’s special educational provision
  29. 2Basic information about the school’s special educational provision
  30. 3Basic information about the school’s special educational provision
  31. 4Information about the school’s policies for the assessment and provision for all pupils with special educational needs
  32. 5Information about the school’s policies for the assessment and provision for all pupils with special educational needs
  33. 6Information about the school’s policies for the assessment and provision for all pupils with special educational needs
  34. 7Information about the school’s policies for the assessment and provision for all pupils with special educational needs
  35. 8Information about the school’s policies for the assessment and provision for all pupils with special educational needs
  36. 9Information about the school’s staffing policies and partnership with bodies beyond the school
  37. 10Information about the school’s staffing policies and partnership with bodies beyond the school
  38. 11Information about the school’s staffing policies and partnership with bodies beyond the school
  39. 12Information about the school’s staffing policies and partnership with bodies beyond the school
  40. 13Information about the school’s staffing policies and partnership with bodies beyond the school
  41. Schedule 3: Information from maintained special schools in hospitals
  42. 1Paragraph 1
  43. 2Paragraph 2
  44. 3Paragraph 3
  45. 4Paragraph 4
  46. 5Paragraph 5
  47. 6Paragraph 6
  48. 7Paragraph 7
  49. 8Paragraph 8
  50. Schedule 4: Information to be included in governors' reports
  51. 1Paragraph 1
  52. 2Paragraph 2
  53. 3Paragraph 3
  54. 4Paragraph 4
  55. Explanatory note

1Citation, commencement and extentI1

(1)

These Regulations may be cited as the Education (Special Educational Needs) (Information) (Wales) Regulations 1999 and shall come into force on 1st September 1999.

(2)

These Regulations apply in relation to schools in Wales.

2InterpretationI1

In these Regulations–

  • “the 1996 Act” means the Education Act 1996;

  • “the 1998 Act” means the School Standards and Framework Act 1998;

  • F1“the 2021 Act” means the Curriculum and Assessment (Wales) Act 2021;

  • “governors' report” means the report which the governing body are required to prepare once in every year under section 42(1) of the 1988 Act;

  • “last governors' report” means the last governors' report prepared by the governing body or (if no such report has previously been prepared by them under section 42(1) of the 1998 Act) the last governors' report prepared by them pursuant to the requirements included in the articles of government for the school by virtue of section 161 of, or paragraph 7 of Schedule 23 to, the 1996 Actf1;

  • “mainstream school” means a community, foundation or voluntary school;

  • “maintained special school” means a community or foundation special school; and

  • “statement” means a statement of special educational needs within the meaning of section 324(1) of the 1996 Act.

3Publication of information about special education needsI1

(1)

The governing body of every mainstream school shall publish information about the matters set out in Schedule 1.

(2)

The governing body of every maintained special school, other than one established in a hospital, shall publish information about the matters set out in Schedule 2.

(3)

The governing body of every maintained special school which is established in a hospital shall publish information about the matters set out in Schedule 3.

4Manner of publication of informationI1

The information referred to in regulation 3 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 and District Health 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.

5Publication of information—supplementaryI1

Where the information referred to in regulation 3 is to be published by the local education authority with the agreement of the governing body pursuant to section 92(5) of the 1998 Act, it shall be supplied to them by the governing body and shall be published without material alteration.

6Governors' ReportsI1

Each governors' report shall include the information about the implementation of the governing body’s policy for pupils with special educational needs specified in Schedule 4.

7Revocation of RegulationsI1

The Education (Special Educational Needs) (Information) Regulations 1994f1 are revoked in relation to Wales.

Signature

Signed by authority of the Secretary of State for Wales

Peter Hain

Parliamentary Under Secretary of State, Welsh Office

1Basic information about the school’s special education provisionI1

The objectives of the governing body in making provision for pupils with special education needs, and a description of how the governing body’s special educational needs policy will contribute towards meeting those objectives.

2Basic information about the school’s special education provisionI1

The name of the person who is responsible for co-ordinating the day to day provision of education for pupils with special educational needs at the school (whether or not the person is known as the SEN co-ordinator).

3Basic information about the school’s special education provisionI1

The arrangements which have been made for co-ordinating the provision of education for pupils with special educational needs at the school.

4Basic information about the school’s special education provisionI1

The admission arrangements for pupils with special educational needs who do not have a statement in so far as they differ from the arrangements for other pupils.

5Basic information about the school’s special education provisionI1

The kinds of provision for special educational needs in which the school specialises and any special units.

6Basic information about the school’s special education provisionI1

Facilities for pupils with special educational needs at the school including facilities which increase or assist access to the school by pupils who are disabled.

7Information about the school’s policies for the identification, assessment and provision for all pupils with special educational needsI1

How resources are allocated to and amongst pupils with special educational needs.

8Information about the school’s policies for the identification, assessment and provision for all pupils with special educational needsI1

How pupils with special educational needs are identified and their needs determined and reviewed.

9Information about the school’s policies for the identification, assessment and provision for all pupils with special educational needsF1

Arrangements for providing access by pupils with special educational needs to—

(a)

a balanced and broadly based curriculum (including the National Curriculum); or

(b)

a curriculum adopted under the 2021 Act.

10Information about the school’s policies for the identification, assessment and provision for all pupils with special educational needsI1

How pupils with special educational needs engage in the activities of the school together with pupils who do not have special educational needs.

11Information about the school’s policies for the identification, assessment and provision for all pupils with special educational needsI1

How the governing body evaluate the success of the education which is provided at the school to pupils with special educational needs.

12Information about the school’s policies for the identification, assessment and provision for all pupils with special educational needsI1

Any arrangements made by the governing body relating to the treatment of complaints from parents of pupils with special educational needs concerning the provision made at the school.

13Information about the school’s staffing policies and partnership with bodies beyond the schoolI1

Any arrangements made by the governing body relating to in-service training for staff in relation to special educational needs.

14Information about the school’s staffing policies and partnership with bodies beyond the schoolI1

The use made of teachers and facilities from outside the school including links with support services for special educational needs.

15Information about the school’s staffing policies and partnership with bodies beyond the schoolI1

The role played by the parents of pupils with special educational needs.

16Information about the school’s staffing policies and partnership with bodies beyond the schoolI1

Any links with other schools, including special schools, and the provision made for the transition of pupils with special educational needs between schools or between the school and the next stage of life or education.

17Information about the school’s staffing policies and partnership with bodies beyond the schoolI1

Links with child health services, social services and educational welfare services and any voluntary organisations which work on behalf of children with special educational needs.

1Basic information about the school’s special educational provisionI1

The objectives of the governing body in making provision for pupils with special educational needs, and a description of how the governing body’s special educational needs' policy will contribute towards meeting those objectives.

2Basic information about the school’s special educational provisionI1

The kinds of special educational needs for which provision is made at the school.

3Basic information about the school’s special educational provisionI1

Facilities for pupils at the school including facilities which increase or assist access to the school by pupils who are disabled.

4Information about the school’s policies for the assessment and provision for all pupils with special educational needsI1

How resources are allocated amongst pupils.

5Information about the school’s policies for the assessment and provision for all pupils with special educational needsI1

How the needs of pupils are identified and reviewed.

6Information about the school’s policies for the assessment and provision for all pupils with special educational needsF1

Arrangements for providing access by pupils with special educational needs to—

(a)

a balanced and broadly based curriculum (including the National Curriculum); or

(b)

a curriculum adopted under the 2021 Act.

7Information about the school’s policies for the assessment and provision for all pupils with special educational needsI1

How the governing body evaluate the success of the education which is provided at the school to pupils.

8Information about the school’s policies for the assessment and provision for all pupils with special educational needsI1

Any arrangements made by the governing body relating to the treatment of complaints from parents of pupils concerning the provision made at the school.

9Information about the school’s staffing policies and partnership with bodies beyond the schoolI1

Any arrangements made by the governing body relating to in-service training for staff in relation to special educational needs.

10Information about the school’s staffing policies and partnership with bodies beyond the schoolI1

The use made of teachers and facilities from outside the school including links with support services for special educational needs.

11Information about the school’s staffing policies and partnership with bodies beyond the schoolI1

The role played by parents of pupils.

12Information about the school’s staffing policies and partnership with bodies beyond the schoolI1

Any links with other schools, and any arrangements for managing the transition of pupils between schools or between the school and the next stage of life or education.

13Information about the school’s staffing policies and partnership with bodies beyond the schoolI1

Links with child health services, social services and education welfare services and any voluntary organisations which work on behalf of children with special educational needs.

1I1

The name of the person who is responsible for co-ordinating the day to day provision of education for pupils with special educational needs at the school (whether or not the person is known as the SEN co-ordinator).

2I1

How pupils with special educational needs are identified and their needs determined and reviewed.

3I1

How resources are allocated to and amongst pupils with special educational needs.

4I1

How the educational progress of pupils with special educational needs is monitored.

5I1

How the contents of a pupil’s statement are ascertained and made known to staff.

6I1

The arrangements for ensuring continuity of the educational provision set out in a pupil’s statement differentiating where necessary between long stay and short stay patients.

7F1

Arrangements for providing access by pupils with special educational needs to—

(a)

a balanced and broadly based curriculum (including the National Curriculum); or

(b)

a curriculum adopted under the 2021 Act.

8I1

The use made of teachers and facilities from outside the school including links with support services for special educational needs.

1I1

The success of the governing body’s special educational needs policies in the period since the last governors' report.

2I1

Significant changes in the governing body’s policy on pupils with special educational needs since the last governors' report.

3I1

The outcome of any consultation carried out under section 317(3) of the Education Act 1996.

4I1

How resources have been allocated to and amongst pupils with special educational needs since the last governors' report.

Explanatory note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st September 1999 and apply only to Wales, make provision for the publication of information about matters relating to the provision of education for pupils with special educational needs in their schools by the governing bodies of maintained schools, and for the inclusion of information in annual reports to parents about their policies for such pupils.

The Regulations replace the Education (Special Educational Needs) (Information) Regulations 1994, which are revoked in relation to Wales.

The Regulations refer to the new categories of maintained schools introduced by the School Standards and Framework Act 1998, but otherwise there are no changes of any substance from the 1994 Regulations.