The Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994

Regulation 4

SCHEDULE 2 FURTHER REQUIREMENTS TO BE COMPLIED WITH WHILE APPROVAL IS IN FORCE

Educational provision

1.  Each child with a statement admitted to the school shall receive special educational provision suited to his age, ability, aptitude and special educational needs.

Control of the school

2.  Any change in—

(a) the persons being the proprietor, principal, head teacher or head of care at the school, or

(b) in the staff employed at the school such as to constitute a significant change in the character of the school,

shall be notified forthwith in writing to the Secretary of State.

Admissions

3.  The proprietor shall—

(a) maintain arrangements to secure that a child shall not be admitted to the school unless the child is within the scope of the school as approved by the Secretary of State, with regard to his age, sex, status as a day child or boarder and particular type of disability; and to secure that the admission of the child will not result in the number of children at the school, as so approved, being exceeded; and

(b) ensure that sufficient children are admitted to the school to avoid any substantial reduction in that number.

Premises and fire precautions

4.  Any proposed substantial alteration to the premises of the school, any proposed rebuilding of such premises and any proposed transfer of the school to other premises shall be notified forthwith in writing to the Secretary of State.

5.  Within five years of these Regulations coming into force, or within five years of the school having received approval under section 11(3)(a) of the Education Act 1981(1) if that is sooner, and at intervals of no more than five years thereafter in each case, the proprietor of the school shall request the fire authority in whose area the school is situated to give, in pursuance of section 1(1)(f) of the Fire Services Act 1947(2) advice as to fire prevention, restricting the spread of fires and means of escape in case of fire; and any specific recommendations contained in advice from time to time given as aforesaid shall be implemented forthwith.

Misconduct reports

6.  Where any person is dismissed from employment as a member of the staff of the school on grounds of his misconduct (whether or not he is convicted of a criminal offence), or would have been so dismissed or considered for dismissal but for his resignation, the facts of the case shall be reported within one month of the dismissal or, if given, of any notice of dismissal or, as the case may be, resignation to the Secretary of State, the local education authority in whose area the school is situated, any local education authority or, as the case may be, local authority who have arranged the placing of a child at the school and the local authority in whose area the school is situated.

Application of the provisions of the Education (Schools and Further Education) Regulations 1981

7.  The school shall comply with the following provisions of the Education (Schools and Further Education) Regulations 1981(3) as they apply to a special school—

(a) Regulation 10 (duration of school year and day)

(b) Regulation 11 (leave of absence for employment).

(c) Regulation 12 (leave of absence for annual holiday).

Reports on children with statements to local education authorities

8.—(1) A written report on each child with a statement at the school which complies with the requirements of sub-paragraphs (2) to (4) shall be furnished to the relevant local education authority at least once a year.

(2) The report shall be capable of assisting such authority—

(a) in reviewing their assessment of the special educational needs of the child and of the special educational provision to be made for the purpose of meeting those needs, and

(b) to perform their duties under the Disabled Person (Services, Consultation and Representation) Act 1986(4).

(3) The report shall be compiled in consultation with—

(a) persons who comprise the professional staff who, for the period in respect of which the report is compiled, were regularly concerned with the education or care of the child, and

(b) any other persons who have been regularly in contact with the child at the school and whom it would be appropriate to consult,

and the report shall where appropriate, incorporate, or be accompanied by, a written statement comprising comments or advice provided directly by such persons.

(4) The report shall, where appropriate, refer to any involvement of the parents of the child in the preparation of the report, in any assessment of his special educational needs and in any review of such assessment.

(5) If so requested by the local education authority, the proprietor, head teacher and professional staff of the school shall participate in any review, conducted by the authority pursuant to section 172(5) of the Act of 1993(5) of a statement under section 168 of that Act(5) which relates to any child at the school, making no charge to the authority for such participation.

(6) For the purposes of this paragraph, “professional staff” means—

(a) members of the staff at the school who are directly concerned with the education or care of children thereat,

(b) persons who regularly advise such members of staff on educational, medical, psychological and social matters with respect to the child, and

(c) persons who provide such children with therapy or nursing care.

Provision of information

9.—(1) Where a child with a statement leaves the school and becomes a pupil at either—

(a) another school, or

(b) an institution which provides further education (whether within or outside the further education sector),

the local education authority, in the case of a maintained school, the appropriate further education funding council (as defined in section 1(6) of the Further and Higher Education Act 1992(6)) in the case of an institution within the further education sector, the proprietor, in the case of an independent school, or the governing body, in the case of a non-maintained special school, grant-maintained school, grant-maintained special school, City Technology College or institution outside the further education sector, shall be furnished with such information concerning the education of that child at the school which he has left (including information as to his special educational needs) as the authority, council, proprietor or governing body in question may reasonably require of that school

(2) The Secretary of State shall be furnished with such reports, returns and information relating to the school as he may reasonably require of the school.

Reports of death, illness or injury

10.—(1) Any death of child occurring at the school, or during the course of any activities organised by the school, shall be reported forthwith to his parents, the relevant local education authority, or as the case may be, the local authority who have arranged the placing of the child concerned at the school (unless in any particular case it would not be appropriate so to report to any of the persons as aforesaid), the local authority in whose area the school is situated and the Secretary of State.

(2) Any serious illness or serious injury occurring to a child at the school shall be reported forthwith to his parents (unless in any particular case it would not be appropriate to so report), the relevant local education authority, or as the case may be, the local authority which arranged the placing of the child at the school and the local authority in whose area the school is situated.

Access to the school and to boarders

11.—(1) Where any local education authority or local authority have arranged for a child to be placed at the school, access to the school shall be afforded at all reasonable times to any person authorised by the authority for the purpose of inspecting that child and the facilities and provision available to him.

(2) In the case of a school which is also a boarding school, reasonable opportunities and encouragement to visit a child with a statement who is a boarder at the school shall be afforded to his parents and to any person authorised by a local authority or the relevant local education authority.

Prospectus

12.—(1) The school shall publish in advance of each school year a prospectus giving information about the school and the school year and any significant changes likely to take place in the year in question.

(2) The prospectus shall include the following information—

(a) The name, address and telephone number of the school and its proprietor, and the names of the head teacher and of the head of care;

(b) particulars of the arrangements as respects children for whom provision is made by the school categorised by reference to—

(i) the number, age and sex of day children and of boarders, respectively, and

(ii) the range and severity of their respective special educational needs,

and particulars of the special educational provision made for those children and the availability of resources for that provision, including the use of any specialist support services;

(c) particulars relating to the school curriculum including, in particular—

(i) the organisation of education at the school, especially in respect of the teaching of children of different ages and abilities together or in separate groups (either generally or in particular subjects) and any requirements as respects homework;

(ii) any arrangements made in respect of the National Curriculum and the subject choices, if any, available (including the arrangements for the making of such choices by parents and children);

(iii) the education offered in subjects not comprised in the National Curriculum and any arrangements for access to specialist teaching aids and new technologies;

(iv) the manner and context in which education as respects personal, social, health and sexual matters is given, and its content;

(v) the careers education and advice provided for those children who are senior pupils;

(vi) a list of any external qualifications for which courses of study are provided, and the names of the syllabuses associated with such qualifications, and the arrangements for the inspection of such syllabuses at the school;

(vii) courses of study which do not lead to external qualifications;

(d) without prejudice to sub-paragraph (c), particulars of any special curricular and other arrangements made for particular classes or descriptions of children;

(e) (i) the affiliation, if any, of the school with a particular religion or religious denomination, and

(ii) without prejudice to sub-paragraph (c), particulars of the religious education provided at the school and of any arrangements for the parent of a child to express a wish that the child be withdrawn from attendance at collective worship or religious education as mentioned in paragraph 8 of Schedule 1;

(f) particulars of the arrangements for pastoral care,

(g) particulars of the general arrangements as to school discipline including, especially, the practice of the school as respects corporal punishment where permitted by law and the arrangements for bringing to the attention of children and parents school rules made in respect of such punishment;

(h) where there are arrangements for parents of children at the school, or for parents considering sending their children to the school, to visit it, particulars of those arrangements;

(i) particulars of the main societies and activities open, and the facilities available, to children at the school or in the local community otherwise than as part of the education provided at the school;

(j) particulars of the tuition and other fees payment of which is a condition of attendance at the school, including boarding fees in the case of a school which is also a boarding school;

(k) a summary of the manner in which any complaints about the school may be made;

(l) information as to whether advice as to fire safety has been requested and acted upon;

(m) particulars of the arrangements for liaison between parents and the school;

(n) particulars of the arrangements for parental access to school records relating to a child; and

(o) particulars of the arrangements for the involvement of parents in the assessment of their child’s special educational needs and in any review of such assessment.

(3) The school shall furnish a copy of the prospectus to any local education authority or, as the case may be, local authority who have arranged the placing of a child at the school and any parents of a child with a statement in respect of whom arrangements have been made, or are proposed to be made, for his education at that school; and shall, if so requested, furnish a copy of the prospectus to the Secretary of State and the parents of any other child.

(1)

1981 c. 60.

(2)

1947 c. 41.

(3)

S.I. 1981/1086; relevant amending instruments are S.I. 1983/262, 1987/879, and 1990/2259.

(4)

1986 c. 33.

(5)

Sections 168 and 172(5) are not in force at the date of making of these Regulations.

(6)

1992 c. 13.