49.—(1) The appropriate authority of a relevant school must ensure that the SENCO appointed under section 67(2) of the Act meets all of the requirements in either paragraph (2) or (3).
(2) The requirements in this paragraph are that the SENCO—
(a)is a qualified teacher [F1other than by virtue of paragraph 8A of Part 1 of Schedule 2 to the Education (School Teachers’ Qualifications) (England) Regulations 2003];
(b)if required to complete an induction period under regulations made under section 135A of the Education Act 2002 M1, has satisfactorily completed such an induction period; and
(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 (or equivalent in the case of an Academy school) of the school.
(4) Where a person becomes the SENCO at a relevant school after 1st September 2009, and has not previously been the SENCO at that or any other relevant school for a total period of more than twelve months, the appropriate authority of the school must ensure that, if the person is the SENCO at the school at any time after the third anniversary of the date on which that person becomes a SENCO, that person holds the qualification, mentioned in paragraph (5).
(5) The qualification referred to in paragraph (4) is a postgraduate qualification in special educational needs co-ordination, for the time being known as “The National Award for Special Educational Needs Co-ordination”, awarded by a recognised body.
(6) For the purposes of paragraph (5), a recognised body is a body designated by the Secretary of State by order made under section 216(1) of the Education Reform Act 1988 M2;
Textual Amendments
F1Words in reg. 49(2)(a) inserted (19.12.2016) by The Education (School Teachers Qualifications and Induction Arrangements and Special Educational Needs Co-ordinators) (Amendment) Regulations 2016 (S.I. 2016/1123), regs. 1, 4(2)
Marginal Citations
M12002 c.32. Section 135A was inserted by section 9 of the Education Act 2011 (c.21)
50.—(1) The appropriate authority of a relevant school must determine the role of the SENCO in relation to the leadership and management of the school.
(2) The appropriate authority of a relevant school must determine the functions of the SENCO in addition to those under section 67(2) of the Act and monitor the effectiveness of the SENCO in undertaking those responsibilities.
(3) The functions referred to in paragraph (1) may include the carrying out, or arranging for the carrying out, of the following tasks—
(a)in relation to each of the registered pupils who the SENCO considers may have special educational needs, informing a parent of the pupil that this may be the case as soon as is reasonably practicable;
(b)in relation to each of the registered pupils who have special educational needs—
(i)identifying the pupil's special educational needs, and co-ordinating the making of special educational provision which meets those needs,
(ii)monitoring the effectiveness of any special educational provision made,
(iii)securing relevant services for the pupil where necessary,
(iv)ensuring that records of the pupil's special educational needs and the special educational provision made are maintained and kept up to date,
(v)liaising with and providing information to a parent of the pupil on a regular basis about that pupil's special educational needs and the special educational provision being made,
(vi)ensuring that, where the pupil transfers to another school or educational institution, all relevant information about the pupil's special educational needs and the special educational provision made is conveyed to the appropriate authority or (as the case may be) the proprietor of that school or institution, and
(vii)promoting the pupil's inclusion in the school community and access to the school's curriculum, facilities and extra-curricular activities;
(c)selecting, supervising and training learning support assistants who work with pupils with special educational needs;
(d)advising teachers at the school about differentiated teaching methods appropriate for individual pupils with special educational needs;
(e)contributing to in-service training for teachers at the school to assist them to carry out the tasks referred to in paragraph (b); and
(f)preparing and reviewing the information required to be published by the appropriate authority pursuant to regulation 51, the objectives of the appropriate authority in making provision for special educational needs, and the special educational needs policy referred to in paragraph 3 of Schedule 1 to these Regulations.
(4) For the purposes of paragraph (2)(b)(iii) “relevant services” means—
(a)special educational provision, or advice or assistance in relation to such provision or its management; and
(b)the 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.