Special Educational Needs and Disability Act 2001 

  • [Inline script in 'ct_top_tools_element_save_this_page' (7727) on page 'index/information/your_rights/yr_special_educational_needs.htm'] Line 13: ation. Now, for the first time, they have published a guide to Accessible Britain. With summer just round the corner, the BBC gave Ouch's Emma Bowler a copy to browse through for some ideas for disability-friendly days out
    

SyntaxError: unterminated string literal
  • Print page 
  • Email to a friend

The Special Educational Needs and Disability Act (SENDA) 2001 consists of 3 parts, of which 2 parts are particularly important for Disabled People.

Part 1 makes changes to the existing Special Educational Needs section in Part IV of the Education Act 1996 [link: The Education Act 1996].

Part 2 deals with disability discrimination in education and amends Parts 3 and 4 of the Disability Discrimination Act 1995.

Part 3 makes minor amendments to sections of the Education Act.

Part 1: Special Educational Needs

Part 1 makes changes to the existing legislation, in Part IV of the Education Act 1996.  In summary, Part 1 strengthens the right of children with special educational needs to be educated in mainstream schools where parents want this and the interests of other children can be protected.  It also requires schools to inform parents where they are making special educational provision for their child, and allow schools to request a statutory assessment of a pupil’s special educational needs.

Part 2: Disability Discrimination in Education

In September 2002, the Disability Discrimination Act 1995 (DDA) duties were applied to education for the first time. Schools, Local Education Authorities (LEA), colleges and universities all need to adhere to these new duties.

In summary, it is now unlawful for schools and Local Education Authorities to discriminate against disabled pupils, either current or future, for any reason related to their impairment.  Parents who believe discrimination has taken place will be able to take action through the Special Educational Need and Disability Tribunal, or through admissions and exclusions appeals panels.  Disabled children have the same rights of access to schools and their courses as any other children.  

By law they must take reasonable steps to ensure that pupils who are disabled are not put at a disadvantage in comparison to pupils who are not disabled. This is known as the “reasonable adjustment” duty.  For example, in arranging school trips, sporting activities and extra-curricula activities schools will have to consider arrangements that make such activities accessible to disabled pupils.

The Act also requires schools and LEAs in England to improve access to education.  This includes improving access to the curriculum, physical improvements to increased access to education, and improved information in a range of formats for disabled children.

Chapter 2 of Part 2 relates to new duties placed upon further education institutions, higher education institutions, and LEAs in respect of adult education and youth services provision secured by them.  This is in line with what has been placed on schools and LEA's as outlined above.

To view the Special Educational Needs and Disability Act (SENDA) 2001