The Regulations introduce a new requirement for SENCOs to be qualified teachers, fulfilling earlier commitments made to Parliament. This requirement will ensure that the SENCO has the standing to influence differentiated teaching and learning matched to pupils' individual needs.

The Regulations are due to come into effect on 1 September 2009, but allow for a two-year transitional period, for SENCOs who are not currently teachers, but who have been in post for at least six months as at 31 August 2009, to gain Qualified Teacher Status by September 2011. This period will allow schools that may be affected to make any necessary staffing adjustments.

Some of the SENCO functions will continue to be undertaken by other staff, including teaching assistants, and they will continue to make a significant and important contribution to improving the achievement and well-being of pupils with SEN and disabilities. However, the person designated by the school governing body as responsible for co-ordinating overall provision for pupils with SEN and disabilities i.e. the person with the lead responsibility will need to be a qualified teacher. The Regulations also allow for headteachers or acting headteachers to carry out the role.

A further explanatory note (download from the Attachments section), sets out the effect of the Education (Special Educational Needs Co-ordinators) (England) Regulation 2008, laid before Parliament on 21 November 2008, and the requirements of governing bodies and their responsibilities.