legislation on special educational needs in the uk v2
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Beijing QiruiRehabilitation Centre
Legislation on Special Educational Needs
in the UK
An overview of key legislation and
guidanceFacilitated by : Mike Blamires:Beijing, November 2010Michael.Blamires@canterbury.ac.uk
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Brief historyof SEN/Inclusion 19th century: idiots, imbeciles and feeble
minded kept in hospitals
1970: Education (Handicapped Children)Act took severely subnormal children fromhealth care into education
1978: The Warnock Report changevocabulary special educational neednot handicap
1981: Education Act - integration andstatements
1994: Salamanca Statement on the rightsof children with SEN to a mainstreamschool place. Also first SEN Code ofPractice
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Brief historyof SEN/Inclusion
1995: Disability Code of Practice set out therights of disabled pupils
2000: National Curriculum inclusion statement
2001: SEN Code of Practice set out proceduresfor assessing the needs and providing for pupils with SEN
2001: Inclusive Schoolings framework forinclusion
2004: Removing Barriers to Learning embedding inclusive practice into every schoolsetting
2009 Bercow, Salt and Lamb Reviews
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Special educational needs
Children have special educational needs if they have a learningdifficulty which calls for special educational provision to be made forthem. Children have a learning difficulty if they have a significantlygreater difficulty in learning than the majority of children of the same
age or have a disability.
DfES, 2001, SEN Code of Practice
Students with SEN are said to require somethingadditional toor different from that offeredto other students
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School Action:
When a class teacher identifies that a pupil has SEN they provide interventions thatare additional to or different from those provided as part of the schools usualdifferentiated curriculum. An IEP is usually devised.
Special Educational Needs: Code of Practice
School Action Plus:
When outside agencies are brought in to help withprovision for the pupil. A new IEP is usuallydevised.
Statement of SEN:
A document issued by the LEA to show whatprovision should be made for a child with SEN.
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Individual Education Plan:
A planning, teaching and reviewing tool which should:
Raise achievement for pupils with SENBe a working document - simple format, jargon free
Detail provision additional to ordifferent from those generallyavailable for all pupils
Detail targets (max 3 or 4) which are extra ordifferent from those for
most pupils
Should result in
Good planning and intervention bystaff
Achievement of specific learning goals for pupils with SEN
(IEPs are developing into provision maps and qualityfirstteaching)
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Duties on local authorities (continued)
To publish the responsibilities of schoolsand the local authority for fundingprovision for SEN
To provide education for students withSEN in mainstream schools, except undercertain conditions
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Duties on local authorities
To identify, assess and provide, wherenecessary
To provide and publicise a parentpartnership service
To have regard to the SEN Code ofPractice
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The power of parents/carers involvement
Desforges and Abouchaar found that:
Parental involvement in a childs
schooling, for a child between the ages ofseven and 16, is a more powerful force thanfamily background, size of family and levelof parental education
DfES Research Report 433, 2003
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Outside mainstream education
A local authority need not place a student witha statement in a mainstream school if it is:
against the parents/carers wishes, or
incompatible with the efficient education ofother pupils(and there are no reasonable steps to prevent
this)
Education Act 1996, Schedule 27
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Planning duties
The DDA requires schools and local authorities toincrease access to education for disabled students
They have a duty to plan for improvements:
in access to the curriculum
to the physical environment of the school toincrease access to education and associatedservices
in providing information in a range of formats fordisabled students
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Outside mainstream education
A local authority need not place a studentwith a
statement in a mainstream school if it is:
against the parents/carers wishes, or incompatible with the efficient education
of other pupils (and there are no
reasonable steps to prevent this)
Education Act 1996, Schedule 27
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Parents/carers concerns at transition
When their children started secondary school, parentsworried about:
bullying 53 per cent
drinking/drugs/smoking 20 per cent
happiness 17 per cent making friends 15 per cent
peer pressure 13 per cent
getting in with the wrong crowd 13 per cent
doing well academically 11 per cent
Mori survey, 2006
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Definition of disability
The DDA defines a disabled person assomeone who has a physical or mentalimpairment which has a substantial and long-
term adverse effect on his or her ability tocarry out normal day-to-day activities.
Physical or mental impairment includessensory impairments and hidden
impairments. In the DDA,substantial
means more than minor or trivial andlong-term means a year or more.
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Planning duties
SEN and DisabilityAct 2001
SEN arrangements
Disabilitydiscrimination
duties
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Disabled students and potential students Every school and every aspect of school life:
admissions, education and associatedservices,exclusions
The responsible body for the school
Who and what is covered?
Protection from
discrimination
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Two keyduties
Responsible bodies:
must not treat disabled students less favourably must make reasonable adjustments for
disabled students
Protection from
discrimination
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Activity 1
Which of the following might be a reasonable
adjustment?
a) choosing an accessible venue for a school trip
b) playing football with a sounding ballc) swapping round classroom accommodation
d) setting up a buddy system
e) planning lessons so that all pupils make progress
f) demolishing the school and rebuilding it as single storey building
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DisabilityDiscrimination Acts 1995and 2005
Parents can:
take claims of discrimination to the
Special Educational Needs and DisabilityPanel (SENDISP), and
ask for mediation to resolve disputes
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Role of the SENCO
Oversees the day-to-day operation of theschools SEN policy
Co-ordinates provision for pupils with SEN
Liaises with teachers Manages teaching assistants
Oversees the records of pupils with SEN
Liaises with parents/carers
Contributes to in-service training
Liaises with outside agencies
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Video: A dayin the life of a SENCO
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Activity 2
After viewing the video about the SENCO.
Discuss in pairs:
What do you think the most important aspect
of the SENCO role is?
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Waves of interventionWaves of intervention model
Wave 3Additional highly
personalised
interventions
Wave 2Additional interventions to enable
students to work at age-related
expectations or above
Wave 1Inclusive quality first teaching for all
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Waves model behaviour
Additional highly
personalised
interventions
Small-group intervention for children
who need additional help in developing
skills and their families
Quality first teaching of social, emotional andbehavioural skills to all children; effective whole-
school or setting policies and frameworks for
promoting emotional health and well-being
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Effective interventions
Not used as a substitute for quality firstteaching(wave 1)
Targeted at the right students through carefulassessment and monitoring of progress
Delivered by trained teaching assistants, who
receive ongoing support Time-limited with clear entry and exit criteria
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Effective interventions (continued)
Evaluated for impact
Involve regular discussion between theteacher and teaching assistant
Monitored by the teacher
Linked, wherever possible, to the work ofthe rest of the class
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Video: Teaching Assistants
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Activity 3
Discuss in pairs
How can teachers work better with other
adults to meet special needs and support
inclusion?
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Students and decision making
Children and young people with SEN have aunique knowledge of their own needs andcircumstances and their own views about whatsort of help they would like to help them make
the most of their education.
They should, where possible, participate in allthe decision-making processes that occur in
education.
DfES, 2001
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Video: Pupil Voice in a Special School
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The Achievement For All Projectin the NorthWest of England
Some of the findings so far are that;
Pupils with SEN do need an appropriate assessment of needs.
Some schools have found that transition is important.
There is a suggestion that the SEN service is separate from other services
There are benefits from improved communication with parents aboutlearning
A suggestion that there is an integration of different initiatives with a sharedresponsibility for SEN and outcomes.
The AFA project is about leadership with the SENCO role being concerned with
influencing senior leadership and in leading teaching and learning to raiseachievement, supporting strategies for inclusion, enabling pupil voice,collaboration across schools and working with parents and external agencies.
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The Achievement For All Project in theNorthWest
This involved 450 schools in 10 Local Authorities in years one, five, sevenand ten. Fifteen thousand children are in the project now with anothercohort next year. It is lead by Manchester University and involves theNational Strategies, NCSL and TDA. The budget is 31 million pounds overtwo years and involved:
Assessment and tracking with interventions focused on stretching pupils Structured conversations with parents Schools can choose to develop wider outcomes than just academic
achievemente.g. a focus on reducing bullying.
The project claims a big impact that has been made quickly in that it has beenan eye opener for some professionals and teachers have learnt a lot about thechildren they teach. Participants have been positive as it is part of the schoolimprovement agenda and has interlinked with other guidance.
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Findings from the Lamb Report of SEN andParents
We need better and early interventions with panels considering whether needs have been met.Further Challenges Statutorily required information is not published Information is often inaccessible There is poor communication with parents and not enough active listening The available support does not reach enough parents
A stronger voice for parents The needs to be a cultural change in the core offer SEN information should be mainstreamed Schools SEN policies should be simplified and parents consulted There information needs of parents in relation to SEN should be anticipated by schools and
services and this information should be accessible
There is a major problem with the deployment and standing of Parental PartnershipServices within the legislation. The concept of neutrality in the role has beenmisinterpreted. This does not mean being neutral hence Parental Partnership Services needto be retrained
A dedicated independent helpline is called for
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2010 Green (consultation) Paper on SEN
The Green Paper will consider how we can achieve: better educational outcomes and life chances for children and young people
with special educational needs and disabilities - from the early yearsthrough to the transition into adult life and employment;
better early intervention to prevent problems later;
greater choice for parents in the schools their children attend and thesupport and services they receive, whether in a mainstream or specialschool setting;
public services centred on the needs of the family and child in the round,joining up support from education, social care and health, particularly for
those with the most severe and complex needs and at key transitions; and
streamlining assessment systems so that parents don't feel they have tostruggle with the system to get the support they need.
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Acknowledgements
Some photos are taken from videos onwww.teachers.tv
Some slides are adapted from the TDA resource pack on SEN forundergraduate courses.
www.sen.ttrb.ac.uk
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Questions and CommentsPlease...
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