Education for Persons with Special Educational Needs Act 2004

Review of education plan.

11.—(1) Without prejudice to subsection (4), the principal of the relevant school shall review or cause to be reviewed at regular intervals, but in any case not less than once a year, the operation of each education plan for children who are attending the school—

(a) for the purpose of establishing whether or not the child concerned has received the services required as contained in the education plan and is achieving the goals specified in the education plan, and

(b) with a view to making recommendations in a report under subsection (2), being recommendations for the amendment of the plan and the purposes of which are to assist the child concerned in achieving any of those goals that he or she is not achieving.

(2) The principal shall make a report to the parents of the child concerned and the relevant special educational needs organiser of the outcome of a review under subsection (1).

(3) Where, as a result of his or her consideration of that report, the special educational needs organiser is of the opinion that the goals specified in the plan concerned have not been achieved the organiser shall reconvene the relevant team, or, as the organiser thinks fit, engage the assistance of one or more of the members of that team, or, in the case of an education plan prepared under section 3 , convene a group of persons (in this Act also referred to as a “team”), for the purpose of reviewing the content and implementation of the plan and may, as a consequence of that review, amend the plan.

(4) Where parents have reason to believe that the goals specified in an education plan prepared in respect of their child are not being achieved and a review of the plan has not occurred in the previous 6 months, they may request the principal of the relevant school to arrange for such a review and where the principal considers it appropriate to accede to their request he or she shall carry out or cause to be carried out that review as if it were a review under subsection (1), and subsection (2) shall apply accordingly.

(5) If the principal decides that it is not appropriate to accede to a request under subsection (4) he or she shall give notice in writing of the decision and the reasons therefor to the parents within 2 weeks from receiving the request.

(6) The parents may, within 1 month from the receipt by them of the notice referred to in subsection (5), appeal to the Appeals Board against a refusal by the principal to accede to a request under subsection (4).

(7) The Appeals Board shall hear and determine an appeal made under subsection (6) within 1 month from the making thereof and such a determination may be one either to—

(a) allow the appeal and give a direction to the principal requiring him or her to review or cause to be reviewed the education plan (and such a review shall be regarded as a review under subsection (1), and subsection (2) shall apply accordingly), or

(b) dismiss the appeal.

(8) The principal of a relevant school to whom a direction is given under subsection (7) shall comply with it.

(9) In this section “relevant school” and “relevant special educational needs organiser” have the same meaning as they have in section 8 .