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The Education (Special Educational Needs Co-ordinators) (England) Regulations 2008

As Enacted Cited authorities 11 Cited in Amendments 3 Related
JurisdictionUK Non-devolved
CitationSI 2008/2945
Year2008

2008 No. 2945

Education, England

The Education (Special Educational Needs Co-ordinators) (England) Regulations 2008

Made 13th November 2008

Laid before Parliament 21th November 2008

Coming into force 1st September 2009

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by section 317(3B) of the Education Act 19961.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Education (Special Educational Needs Co-ordinators) (England) Regulations 2008 and come into force on 1st September 2009.

S-2 Interpretation

Interpretation

2. In these Regulations—

“relevant school” means a community, foundation or voluntary school or a maintained nursery school;

“relevant services” means—

(a) special educational provision, or advice or assistance in relation to such provision or its management,

(b) assessment of special educational needs, or advice or assistance in relation to such needs or in relation to the management of pupils with such needs;

“the SENCO”, in relation to a relevant school, means the person who has been designated by the governing body to be the special educational needs co-ordinator for the school.

S-3 Prescribed qualifications and experience of SENCOs

Prescribed qualifications and experience of SENCOs

3.—(1) The governing body of a relevant school must ensure that the SENCO appointed under section 317(3A) of the Education Act 1996 meets each of the requirements in one of paragraphs (2), (3) and (4).

(2) The requirements in this paragraph are that the SENCO—

(a)

(a) is a qualified teacher2,

(b)

(b) if required to complete an induction period under regulations made under section 19 of the Teaching and Higher Education Act 19983, has satisfactorily completed such an induction period, and

(c)

(c) is working as a teacher at the school.

(3) The requirement in this paragraph is that the SENCO is the head teacher or acting head teacher of the school and meets the requirements of regulations made under section 135 of the Education Act 2002 if required to do so4.

(4) The requirements in this paragraph are that the SENCO—

(a)

(a) has had responsibility for co-ordinating the making of special educational provision for pupils with special educational needs at the school for a period of at least six months ending on the 31st August 2009, and

(b)

(b) the governing body is satisfied that—

(i) the SENCO is taking steps to meet the requirements in paragraph (2), and

(ii) there is a reasonable prospect that the SENCO will meet those requirements by 1st September 2011.

S-4 Governing body’s functions relating to the leadership and management role of the SENCO

Governing body’s functions relating to the leadership and management role of the SENCO

4. The governing body of a relevant school must determine the role of the SENCO in relation to the leadership and management of the school.

S-5 Governing body’s functions relating to the key responsibilities of the SENCO

Governing body’s functions relating to the key responsibilities of the SENCO

5.—(1) The governing body of a relevant school must determine the key responsibilities of the SENCO and monitor the effectiveness of the...

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