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Needs Code February 2017

Draft%20Additional%20Learning%20Needs%20Code%20February%202017

“personal education

“personal education plan (“cyllun addysg personol”) has the meaning given by section 13 (4) of the Act; “President” (“Llywydd”) means the President of the Education Tribunal for Wales appointed under section 79 of the Act; “proprietor” (“perchennog”), in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution; “prescribed” (“rhagnodedig” and “a ragnodir”) means prescribed in regulations; “pupil referral unit” (“uned cyfeirio disgyblion“) has the meaning given by section 19(2) of the Education Act 1996 (c. 56); “regulations” (“rheoliadau”) means regulations made by the Welsh Ministers; “relevant youth accommodation” (“llety ieuenctid perthnasol”) has the meaning given by section 36 of the Act; “Special Health Authority” (“Awdurdod Iechyd Arbennig”) means a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 or section 28 of the National Health Service Act 2006; “training” (“hyfforddiant”) includes— (a) full-time and part-time training; (b) vocational, social, physical and recreational training; “Tribunal” (“Tribiwnlys”) means the Education Tribunal for Wales (see section 79 of the Act); “young person” (“person ifanc”) means a person over compulsory school age, but under 25; “youth offending team” (“tim troseddwyr ifanc”) means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37). Page | 204

Annex B - Transport Summary This Annex sets out mandatory duties and provides guidance in relation to transport matters in the context of preparing an IDP and is particularly relevant in more severe and complex cases. This should be read in conjunction with Chapters 10 and 11, which deal with the content of IDPs. Transport As part of the process of creating an IDP, home to education institution travel arrangements, including the availability of suitable transport and the accompanying funding options, should be discussed fully with the child, child’s parent or young person, where relevant. For children younger than compulsory school age, local authorities are required to assess their travel needs when they attend nursery education and are ordinarily resident in the authority’s area. However, local authorities are not under a statutory duty to provide free or subsidised transport to children in nursery education (under the age of 5). Local authorities are required to publish information about nursery learners’ travel provisions under the Learner Travel Information (Wales) Regulations 2009. Children receiving primary education are entitled to free transport to a maintained school or non-maintained special school, if it is their nearest suitable school and it is two miles or further from their home. That is unless the local authority has arranged for the learner to board at, or near, the school. For children receiving secondary education, free transport is provided if they live three miles or further from the school. Where free transport is not provided in such circumstances, the local authority must reimburse public transport costs, petrol costs or provide a travel pass. The criteria for determining the suitability of a school would include whether the school was able to provide the ALP set out in the child’s IDP. For some children of compulsory school age with ALN, the nearest suitable school might be beyond the two or three mile threshold from their home. These children would, nevertheless, qualify for free transport. Furthermore, if a child of compulsory school age cannot walk to their nearest suitable school (accompanied or unaccompanied as age appropriate), then the child is entitled to free transport, even if the distance between home and school is less than the statutory limit applicable to their age group. Under current learner travel legislation, there is a statutory duty on local authorities to risk assess all walked routes to school. If a walking route that a child of compulsory school age would take to their nearest suitable school (accompanied or unaccompanied as age appropriate) is assessed as being Page | 205

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