The Special Educational Needs and Disability Regulations 2014

Miscellaneous provisions

Academic year

46.—(1) For the purposes of section 46 of the Act, an academic year is the period of twelve months which ends—

(a) in relation to a young person attending an institution within the further education sector on 31^st July;

(b) in relation to a young person receiving apprenticeship training, on the date that that apprenticeship training finishes, or on the day before the young person attains the age of 26 if earlier;

(c) in all other cases, on the day that the young person’s course of education or training is scheduled to end, or on the day before the young person attains the age of 26 if earlier.

(2) In this regulation ‘apprenticeship training’ has the same meaning as in section 83(5) of the Apprenticeships, Skills, Children and Learning Act 2009(1).

Disclosure of EHC plans in relation to higher education

47.  When a young person is intending to undertake a course of higher education, the local authority must disclose a copy of that young person’s EHC plan to—

(a) any person in connection with the young person’s application for a disabled student’s allowance in accordance with chapter 3 of part 5 of the Education (Student Support) Regulations 2011(2); and

(b) the principal (or equivalent position) of the institution at which it has been confirmed that the young person has a place to undertake a course of higher education,

within 15 working days of being asked to do so by the young person.

Remaining in a special school or special post-16 institution without an EHC plan

48.—(1) Where a child or young person has been admitted to a special school or special post-16 institution for the purposes of an EHC needs assessment, he or she may remain at that school or post-16 institution—

(a) for a period of ten school or institution days after the local authority serves a notice under section 36(9) of the Act informing the child’s parent or the young person that it does not propose to make an EHC plan; or

(b) until an EHC plan is finalised.

(2) In this regulation “school or institution day” means a day on which the school or post-16 institution is open to admit students.

(1)

2009 c.22

(2)

S.I.2011/1986