Module 2 - School duties towards children with SEN The learning aims of module 2 are to: 1. Explain how the SEN system works for children with special educational needs who do not have a Statement of Special Educational Needs. 2. Outline School Governors duties towards these children as well as those with a Statement of SEN 3. Outline a school s duty to the SEN Code of Practice To complete this module you will need to refer to: The law Parents must be informed by the (maintained) school or PRU when their child begins receiving extra help on the school stages for SEN [EA 1996 s.317a]. Governors must use their best endeavours to ensure that the necessary provision is made for any pupil with SEN [EA 1996 s.317(1)(a) (amended by SENDA 2001)]. Governors must report annually on the implementation of the SEN policy [s104 Education Act 2005] The guidance The SEN Code of Practice - Adequate progress in primary: paragraph 5:42 Adequate progress - secondary: paragraph 6:49 School Action primary: paragraphs 5:43 5:49 School Action Plus primary: paragraph 5:54 5:60 (5.61) School Action secondary: paragraph 6:50 6:57 School Action Plus secondary paragraph 6:62 6:69 IPSEA 2013 Page 1 of 8
Individual Education Plans: paragraphs 5:50 5.52, 6:58 6.60 Parents consent before school consults outside professionals: paragraphs 5:60, 6:68 The SEN Toolkit Managing IEP s: Section 5 Strands of Action to Meet SEN: Section 6 1. Support for children with SEN within in school - School based stages Support for the special educational needs (SEN) of children in school who do not have a statement is provided at two levels: School Action (SA) and School Action Plus (SA+). Increasingly extra help for children with high levels of SEN is given under the school stages as LAs make no secret of the fact that they are aiming to restrict statements to a smaller proportion of children with SEN. Children making adequate progress (definition in the SEN Code of Practice: paragraphs 5:42 for primary and 6:49 for secondary) may still need additional support but do not fall into SEN category. School Action (SA) Triggers for receiving help at SA include the concern of teachers or others (including parents) backed by evidence that: Child is making little or no progress despite targeted teaching strategies Child has difficulty developing literacy and/or numeracy skills resulting in poor attainment Child has persistent emotional and/or behaviour difficulties, not improved by normal behaviour management Child has sensory or physical problems and is making little or no progress despite specialist equipment Child with communication/interaction difficulties, making little or no progress despite differentiated curriculum. IPSEA 2013 Page 2 of 8
Triggers for School Action Plus (SA+) Despite extra help at SA, one or more of the following applies: Child is still failing to make much progress in specific areas over a long period Child is still working at National Curriculum levels well below his or her age group Child continues to have difficulty developing literacy and numeracy skills Child s behaviour substantially and regularly interferes with his or her learning and that of the class despite an individualised behaviour management programme Child with sensory or physical difficulties needs more help Child has ongoing communication/interaction difficulties which are impeding social relationships and learning. Provision at SA+ is characterised by the involvement of external support, e.g. specialist teaching or LA educational psychologist who may provide general advice, specialist assessments or advice on different strategies or materials. There is no requirement that a child must progress through SA and SA+ to statutory assessment, although that may happen. A child may need help immediately at SA+ and may proceed immediately to statutory assessment. Similarly, a child at any level of help may require more or less as they go on. Individual Education Plan A working document which records the help for any child with SEN, including those with statements, and which should be reviewed at least twice a year (three times for under-fives). Unlike a statement, an IEP is not a legal requirement although the Code recommends them. Reviews of the IEP should be informal and parents views sought. An IEP should include: 3 or 4 short-term targets teaching strategies extra help date of review success and/or exit criteria outcomes of action taken IPSEA 2013 Page 3 of 8
IEP targets should be SMART: Specific Measurable Achievable Relevant Time-bound Advisers note The tribunal usually expects IEPs to be provided as evidence of the provision in place for a child. If an LEA uses an alternative approach i.e. Provision Mapping, it must contain the information required under the SEN Code of Practice in order to be accepted as being an effective way of recording support given to a child and progress made against measurable objectives. 2. School Governors duties To make SEN Provision - Refer to EA 1996 s. 317 School governors and governors of maintained nursery schools have legal duties towards all children with special educational needs whether they are on School Action, School Action Plus or have a statement of SEN under EA 1996 s.317. It is important to be aware of the detail of the duties which EA 1996 s.317 places on school governors. Please take time to read it again now. You will see that: Governors duties under s.317 are to all pupils with special educational needs, including those with and those without Statements. Governors main duty under s.317 is to use their best endeavours to secure that special educational provision is made for pupils with special educational needs. This is not as secure for a child as the legally enforceable entitlement which a Statement of Special Educational Needs confers (explained in Module 1) But, for children without Statements, the governors best endeavours duty is an important legal safeguard. IPSEA 2013 Page 4 of 8
Information duties Have an SEN Policy Refer to Statutory Instrument 2506 - The Education (SEN) (Information) (England) Regulations 1999. As well as ensuring individual parents are told when their child receives special educational help, governing bodies must publish an SEN policy which must contain the following: 1) Basic information about the school s special educational provision: the objectives of the policy name of the SENCO arrangements for co-ordinating educational provision for pupils with SEN admission arrangements any SEN specialism any facilities for pupils with SEN including those which help access. 2) Information about the school s policies for identifying, assessing and making provision for pupils with SEN: the allocation of resources to and amongst pupils with SEN identification, assessment and review procedures arrangements for providing access to the curriculum for pupils with SEN how children with SEN are integrated into the school criteria for evaluating the success of the SEN policy arrangements for considering parents complaints about SEN provision within the school. 3) Information about the school s staffing policies and partnership with bodies beyond the school: arrangements for SEN training for staff use made of teachers and facilities from outside the school including support services arrangements for partnership with parents links with other mainstream and special schools, including arrangements when pupils change or leave school links with health and social services, education welfare services and any voluntary organisations. Governing bodies must also publish the following information in their school prospectus each year: IPSEA 2013 Page 5 of 8
arrangements for admission of disabled pupils steps taken to prevent disabled pupils from being treated less favourably than other pupils facilities provided to assist access to the school by disabled pupils details of the accessibility plan prepared by the governing body details of any changes to the SEN policy and a report on its implementation. Advisers note Parents have a right to a free copy of the school s SEN policy. This must outline all 17 items set out in module 1. Since the governors annual report to parents was abolished, the school prospectus now must include an annual report of the implementation of the school s SEN policy and any changes during the previous year. PPS should encourage parents to ask for a copy of the school s SEN policy and might ask for a copy of their DES at the same time. School discipline - The behaviour policy School discipline and pupil-behaviour policies: guidance for schools DCSF 00050-2010 (Non Statutory Guidance) Includes a useful checklist for governors planning behaviour policies which take into account pupils with SEN. Schools must make reasonable adjustments in the application of their behaviour policy to disabled pupils. Schools must make special educational provision for pupils whose behaviour-related learning difficulties call for it to be made. Schools should be alert to the potentially disproportionate impact of the school's disciplinary framework on vulnerable pupils. Schools should identify at-risk pupils in advance. Schools should plan proactively how the school's disciplinary framework should be applied for each of these pupils. Schools should ensure that all those in contact with the pupil know what has been agreed. Schools should make sure that every vulnerable pupil has a key person in school who knows them well, has good links with the home, and can act as a reference point for staff when they are unsure about how to apply the disciplinary framework. IPSEA Page 6 of 8 2013
Schools should ensure that all staff are aware of appropriate referral procedures. The governing body should set the framework of a school s behaviour policy through a written statement of general principles which takes account of the needs of all pupils, including any with SEN. The statement should cover: the ethos of the school the school s moral code positive and constructive rules of conduct; and the rewards and punishments to be fairly and consistently applied. The GB should consult the head teacher and parents of pupils before making or revising the statement, and take account of their views. The GB should advise the head teacher of its views on specific measures for promoting good behaviour. This might include such issues as bullying. The head teacher must follow the GB s statement of principles and have regard to any guidance they give. The head has day-to-day responsibility for discipline and responsibility for establishing and maintaining a behaviour policy that promotes self-discipline and respect for others, prevents all forms of bullying and secures completion of tasks. It can include reasonable measures to regulate the behaviour of pupils when they are off the school site or not under the control of a member of the school staff. The behaviour policy must be reviewed regularly by the GB and made known to staff, pupils and parents. It should be brought to their attention at least once a year. Advisers note Ask for a copy of the school s behaviour policy. Assess whether it is comprehensive and then whether it has been followed in supporting a child with SEN. 3. A School duty Have regard to the Special Educational Needs Code of Practice Refer to EA 1996 s.313 Under EA 1996 s.313 the Secretary of State has a duty to issue a Code of Practice containing guidance on the law on special educational needs and provision, and all relevant bodies have a duty to have regard to the guidance in the Code. Please take time to read the section now. Please note that under it: To have regard to the Code means that the guidance: a. Must always be considered; and IPSEA 2013 Page 7 of 8
b. Should always be followed - unless there is a very good reason not to (for example, because a school has found a better way of achieving the Code s aims for children with special educational needs). Much of the Code paraphrases the law, and when possible it is better if a parent cites the law rather than the Code. For example, if the dispute is over the LA s failure to keep to the time limits for assessment, rather than quoting the Code of Practice paragraphs 7:72/3, a parent should cite SEN Reg 2001 12(6)&(7). This avoids the risk of an LA Officer mistakenly believing that the deadline is guidance only, being in the Code, rather than mandatory, deriving from the regulations (i.e. the law). Do not allow the guidance in the Code to be dismissed. It is in children s best interests for parents to quote from the Code with the expectation that its guidance will be obeyed. If a parent has been told by a teacher not to set too much store by the Code on the grounds of its only being guidance, explain that the legal duty under EA 1996 s.313 is to have regard to it. This means that it cannot be ignored and that if it is not followed, a parent can ask for an explanation and if they are not happy with the explanation given can make a complaint. IPSEA 2013 Page 8 of 8