SCHEDULES

SCHEDULE 26 Making of assessments under section 323

Manner, and timing, of assessments, etc.

3

1

Regulations may make provision—

a

as to the manner in which assessments are to be conducted,

b

requiring the local education authority, where, after conducting an assessment under section 323 of the educational needs of a child for whom a statement is maintained under section 324, they determine not to amend the statement, to serve on the parent of the child a notice giving the prescribed information, and

c

in connection with such other matters relating to the making of assessments as the Secretary of State considers appropriate.

2

Sub-paragraph (1)(b) does not apply to a determination made following the service of notice under F1paragraph 2A of Schedule 27 (amendment of statement by LEA) of a proposal to amend the statement.

F23

Regulations may provide—

a

that where a local education authority are under a duty under section 323, 329 or 329A to serve any notice, the duty must be performed within the prescribed period,

b

that where a local education authority have served a notice under section 323(1) or 329A(3) on a child’s parent, they must decide within the prescribed period whether or not to make an assessment of the child’s educational needs,

c

that where a request has been made to a local education authority under section 329(1), they must decide within the prescribed period whether or not to comply with the request, and

d

that where a local education authority are under a duty to make an assessment, the duty must be performed within the prescribed period.

4

Provision made under sub-paragraph (3)—

a

may be subject to prescribed exceptions, and

b

does not relieve the authority of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period.