2:3. This Part contains guidance designed to help schools fulfil their statutory duties towards pupils with special educational needs.  These statutory duties are set out at paragraph 2:6 below.  They are cast in broad terms.  The precise way in which they are fulfilled is a matter for schools themselves to decide in the light of the Code, which is designed to help schools make effective decisions.

2:4. The guidance in this Part applies to schools in general - primary and secondary, LEA-maintained and grant-maintained.  The broad principles apply also to nursery schools and classes.  Schools should, of course, consider the Code in the light of their particular circumstances, for example their phase, organisation, size, location and pupil population, and in the light of their policy for the allocation of resources to pupils with special educational needs.  It is not expected that all schools, having considered the Code, will adopt identical approaches.  But all schools must have regard to what this Code says.

2:5. This Part deals first with the general arrangements which schools should make, and second with the procedures which might be followed for an individual child.

The duties of governing bodies

2:6. School governing bodies have important statutory duties towards pupils with special educational needs:

The governing body must

? do their best to secure that the necessary provision is made for any pupil who has special educational needs

? secure that, where the 'responsible person' - the head teacher or the appropriate governor - has been informed by the LEA that a pupil has special educational needs, those needs are made known to all who are likely to teach him or her

? secure that teachers in the school are aware of the importance of identifying, and providing for, those pupils who have special educational needs

? consult the LEA; as appropriate, the Funding Authority (see Glossary); and the governing bodies of other schools, when it seems to them necessary or desirable in the interests of coordinated special educational provision in the area as a whole

? report annually to parents on the school's policy for pupils with special educational needs

? ensure that the pupil joins in the activities of the school together with pupils who do not have special educational needs, so far as that is reasonably practical and compatible with the pupil receiving the necessary special educational provision, the efficient education of other children in the school and the efficient use of resources

(Section 161)

? have regard to this Code of Practice when carrying out their duties toward all pupils with special educational needs.

(Section 157)