Transcript SEN Code of Practice Consultation

SEN Code of Practice
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Related Documents
The SEN and Disability Rights in Education Bill
The Education (Special Educational Needs)
(England) (Consolidation) Regulations – (DfES) Annex A of Code
The Education (Special Educational Needs)
(Information) (England) Regulations 1999 (DfES) - Annex A of Code
The Tool kit
The National Curriculum Orders 2000 –
’Inclusion: Providing effective learning
opportunities for all children’ (QCA)
SEN Code of Practice
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Related Documents
Social Inclusion: Pupil Support (Circulars 10/99
and 11/99) (DfEE)
National Standards for SENCOs and National
Special Educational Needs Specialist Standards
(Teacher Training Agency)
Educational Psychology Services (England):
Current Role, Good Practice and Future Directions.
Report of the Working Group July 2000 (DfEE:
0132/2000)
Connexions – The best start in life for every young
person’ (DfEE: CX2)
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Timetable
1. Publication of Code of Practice:
December 2001
2. Implementation: from January
2002
3. Fully in place: September 2002
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SEN Toolkit
(replaced thresholds material)
12 sections including
• Principles and Policies
• Parent Partnership Services
• Enabling Pupil Participation
• IEPs
• Strands of Action to meet SEN
• Managing Annual Reviews
• Transition Planning
• Multi-Agency Work
SEN Code of Practice
New guidance will cover:
o Ways of improving work with parents at school and LEA
level
o Services at LEA level to help prevent disputes
o Ways of encouraging pupil participation and seeking pupils’
views
o Managing IEPs
o Writing statements – detailed with broad examples
o Conducting annual reviews – more effective review of the
child’s needs and identification of ways forward
o Transition planning – linking the school’s role with the new
Connexions Service and Personal Adviser functions
o Multi-agency working – including separate and enhanced
guidance for health and social service professionals
o Case studies of LEA/school models for delegated funding
for SEN
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Change in Emphasis
• Clarification of the application of the Code in
Early Education Settings
• Pupil participation
• Conciliation arrangements with parents
• Increased levels of school responsibility in line
with increased devolution/delegation of funding
• The context in which learning takes place
• Whole school approaches to responding to needs
• Evidence required for Statutory Assessment
• Progress as an indicator of need.
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Change in Process
‘Stages’ replaced by ‘graduated approach’
Action rather than assessment is emphasised
Emphasis on Action at School Level through Action and Action Plus
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o New duty to be placed on LEAs to publish details of what
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schools might be expected to provide within school based
provision and what they will provide themselves as support for
SEN.
Statements of SEN for a very small number of pupils and no
Statements ‘for life’.
A fundamental change away from ‘pupil deficit’ towards improving
‘teacher competency’.
Some reference to funding
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o Fuller information and guidance in the revised Code on the
existing role of LEAs in monitoring the provision made by
schools for children with statements and the duties of governing
bodies to do their best to see that all children with SEN get
the help they need and publish details of how resources are
allocated for SEN.
SEN Code of Practice
Change in Process
• Some reference to SENCO workload and time
required for the role.
o Guidance on the strategic roles and
responsibilities of LEAs, schools and other
settings for children with SEN. Links made to
the Code of Practice on LEA-school relations,
LEA SEN Audits as part of the EDP and School
Development Plans.
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Change in Context
Emphasises the importance of baseline assessments in
order to judge future progress
Promotes progress as the key indicator for movement
between School Action and Action Plus or Statutory
Assessments
Indicates the need for schools to consider the pupil’s
rate of progress and whether this is acceptable in
relation to the child’s abilities or needs.
Directs schools to consider carefully the context in
which the pupil is failing to achieve and whether this is
about the quality of the teaching rather than a
learning difficulty.
Directs schools to concentrate more on the quality of
action rather than assessment or pupil failure.
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Change in phase emphasis
Separate sections on:
• Early Education Settings
• The Primary Phase
• The Secondary Sector
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Change in Need Definition
Four dimensions developed by the TTA
• Cognition and learning
• Behavioural, Emotional, and Social
Development
• Communication and Interaction
• Sensory and Physical
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Change in Intervention
• IEPs are not for differentiation but for
the additional and different
• An emphasis on action and intervention
which moves pupils towards independent
learning
• IEPs could become more standard – there
is a suggestion that LEAs might set the
format.
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Change in the use of External Support
• The shift away from statutory assessment towards
school action/action plus requires a review of the way
schools use services and how the LEA organises its
provision
• Suggests speedy access to LEA support services for
one-off or occasional advice as a preventative measure
• Includes curriculum support and advice in the
definition of LEA support services at School Action
Plus
• Suggests that the school must be very clear about why
they need external support.
• Focus for external support is lack of expertise not lack
of time/resources
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Change in the use made of external
agencies
• Focus chapter on ‘Working in Partnership with
Other Agencies’ (+ Section 11 & 12 of Toolkit)
• Expanded range of agencies included.
• Helpful detail on their connection and role.
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External Agencies include:
LEA Support Services
The Connexions Service
Learning and Skills Council
Health Services
Child and Adolescent Mental Health Services
Social Services
Children in Need
Looked after Children
The Voluntary Sector
SEN Code of Practice
Chapter One: Principles & Policies
• 1.5 Fundamental Principles
• 1.6 Critical Success Factors:
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Emphasis on context
Early identification
Take account of the wishes of the child
Regular review of interventions
Statements – clear and thorough, within
time limits, specify monitoring
arrangements.
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• 1.33-36 Inclusion and School Admission
 Clear expectation that pupils with SEN will
be included in mainstream schools
 No refusal to admit because they feel
unable to cater for a pupil’s SENs.
 Clarification of exceptions to maximum of
30 class sizes in KS1
 Pupils registered at a a special school or
SEN unit are exceptions
 Late arrivals with statements are
exceptions for the remainder of the
academic year.
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• 1.21 The duties of governing bodies
 Additional proposal in the SEN Bill
Ensure that parents are notified of a
decision by the school that their child
has SEN.
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• 1.23-28 SEN Policies
 No change in proposed information.
 Schools will need to consider how
increased inclusion is supported and
indicate this in policies.
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• 1.39 Roles and Responsibilities in
Special Schools
• Refers specifically to the ‘Policy’
within a Special School
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Chapter Two – Working in Partnership with Parents
2.1 Introduction ‘Parents have a critical role to play in their
child’s education’
2.4
Definition of Parental Responsibility
2.4 Schools working in Partnership with Parents
Schools to support parents who have other demands that
may affect their ability to support their child’s learning.
2.16-17 Parent Partnership Services
• All LEAs must have one
• Provide services to parents of all pupils with SEN
2.22 Preventing and Resolving disagreements
• All LEAs must provide arrangements for informal
resolutions and reduce appeals to SEN Tribunal
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o Guidance within the revised Code on
minimum standards that might be
expected of Parent Partnership
Services, without stifling local
initiative.
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Chapter Three – Pupil Participation
Reference to United Nations Convention on the
Rights of the Child and The Children Act 1989
3.5 Parents may need support in seeing their
children as partners in education.
3.18 Schools and professionals need to:
• Ensure that the pupil has access to a designated
member of staff to discuss any concerns
3.22 LEA and School Staff will need information
and training on consulting with pupils with
communication difficulties and /or complex
needs
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Chapters Four, Five and Six
Identification, Assessment and Provision in
‘Settings’ – Common Points
• SEN is a whole school issue – all teachers are teachers of
pupils with SEN.
• Early Identification
• English as an additional language
• The Curriculum – reference to the importance of the
context ‘A school’s own practices make a difference, for
good or ill.’
• Graduated response Action/Action Plus
• The Role of the SENCO – specific responsibilities
• Time Required for SEN Coordination – disappointing level of
detail!
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o Plan to boost the role of the SENCO in the
revised Code, particularly in recognition of their
strategic importance to Head Teachers and
Governing Bodies in helping to raise achievement
for children with SEN. Decisions about precise
time allocations and facilities are matters for
individual schools but they will encourage
schools to consider carefully how best they can
support the SENCO. Guidance to be published
with advice on managing particular aspects of
SEN without unnecessary paperwork.
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Common Points
• Record Keeping – reference to consideration of LEA agreed
style for IEPs.
• IEPs – 3 or 4 short term targets, additional to or different
from the differentiated curriculum plan
• Reference to Group Education Plans
• Reviewing IEPs – specific minimum requirement (twice per
year), recommended ideal (three times per year or more)
• Referral for statutory assessment – specific list of the
questions the LEA should ask and the need for evidence to
support the referral.
• Annual Reviews – Transition – early consideration of
transition (Year 5) and (Year 9).
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Chapter Four
Early Education Settings
• Clarification of expectations – regard
to the Code and a Policy for SEN
• Early Years Action and Early Years
Action Plus
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Chapter Five – The Primary Phase
• 5.4 National Curriculum – reference
to National Literacy and Numeracy
Strategies and the guidance available
on including children with SEN.
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Chapter Six – The Secondary Sector
• 6.4 National Curriculum
• reference to the ‘variations’ permitted through
disapplication for KS4.
• reference to continuing use of National Literacy
and Numeracy Strategies
• 6.29 Working with other Providers of Support –
specific reference to the ‘Connexions Service’.
• 6.58-61 IEPs – reminder that the needs of pupils
with SEN at serious risk of disaffection or
exclusion should be addressed through the IEP not
a Pastoral Support Plan.
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Chapter Seven – Statutory Assessment
• 7.7 Routes for referral
 a request for an assessment by the child’s school
 a request for an assessment from a parent
 a referral from another agency.
(Independent schools, early education providers,
health authorities and social services
departments)
• 7.12 If the LEA refuses to agree to a school’s
request the parents have the right of appeal to
the SEN Tribunal.
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7.13 Evidence to be provided
• views of parents at School Action/Action Plus
• ascertainable views of the child
• copies of IEPs
• evidence of rate of progress, or lack of progress, over time
• copies of advice from health and social services
• evidence of the involvement and views of professionals with
relevant specialist knowledge and expertise outside the
normal competence of the school.
• very young children with complex needs/older children who
suddenly acquire complex needs – one over-arching report
from the lead professional involved with the child should be
accepted.
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7.16 Notice
• Interesting mixture of must and
should
• Reference to ‘should’ tell parents
that private advice or opinions they
have or can obtain can be submitted
and will be taken into account.
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more changes needed
7.35 Evidence for Decision Making
• More specific guidance
• Reference to school’s response to the
requirements of the NC especially ‘Inclusion:
Providing effective learning opportunities for all
children’
• Evidence of rate and style of child’s progress
7.38 Evidence of attainment includes discrepancies
between NC attainments for the majority and
discrepancy between NC attainments and the
performance expected as indicated by a
consensus of those involved with the child.
• Evidence through such standardised tests as can
reliably be administered.
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7.42 Other Factors
• Interesting degree of detail – clear,
recorded evidence of clumsiness
• Interesting notion of ‘other factors’ –
significant delays in language functioning
• Includes impaired social interaction and
significant emotional or behavioural
difficulties.
• Interesting reference to the difference
between ‘under-attainment’ and SEN.
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Chapter 8 Statement of SENs
8.4-7 Specific reference to funding
 LEAs should make clear the amounts of delegated (non
statement) funding within school budgets and what provision
this budget is expected to cover
 Extra resources through a statement can be made available
in different ways:
 From central provision
 Devolved funding for a specific purpose
 Delegation of funds based on the presence of pupils with
statements within an individual school – described as giving
greater flexibility to schools.
o SEN Regulations to retain the requirement to ‘specify’
provision rather than ‘set out’. Statements must quantify
specific provision as necessary. Clarification that LEAs
must not have a blanket policy of not quantifying provision
in statements.
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8.49 Speech and Language Therapy
 Can either be regarded as educational
or non-educational provision
 If not recorded as educational
provision there must be exceptional
reasons for not doing so
 Very unhelpful!
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• 8.58-69 Naming a School
• Mainstream placement strengthened
• A mainstream placement can only be
refused where – even after taking
all reasonable steps to adapt the
provision – the interests of all
children cannot be safeguarded
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• 8.80 Draft before naming a school in a
statement
• Specific reference to a time limit of 15
days for schools to respond the Draft
• Helpful recognition of the situation in
special schools and a note that the LEA
should consider the number in the class the
child would join rather than the total for
the whole school.
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Chapter 9 – Annual Reviews
• Reduction in demands on schools to copy
and distribute reports to a range of
professionals.
• Responsibility for Transition Annual
Reviews and the Transition Plan is with the
school.
• The Connexions Service must be invited
and must attend.
Four Broad Strands of
Action
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Assessment, planning and review
Grouping for teaching purposes
Additional human resources
Curriculum and teaching methods
The Revised Code of Practice
Individual Education Plans
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Emphasis on pupil participations
Emphasis on ‘true’ partnership with parents
Emphasis on action rather than assessment
Emphasises the importance of baseline
assessments in order to judge future
progress
• Good Practice Guidance on IEPs
The Revised Code of Practice
Individual Education Plans
• IEPs are not for differentiation but for the
additional and different
• Record keeping – reference to consideration of
LEA agreed style for IEPs
• 3 or 4 short term targets, additional to or
different from the differentiated curriculum plan
• Reference to Group Education Plans
• Reviewing IEPs – specific minimum requirement
(twice per year), recommended ideal (three times
per year or more)
The Revised Code of Practice
What is an IEP?
The IEP should include information about:
• The short term targets set for the child
• The teaching strategies to be used
• The provision to be put in place
• When the plan is to be reviewed
• The outcome of the action taken.
Curriculum 2000
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Access
The programme of study for each key stage should be taught to the great
majority of pupils in the key stage, in ways appropriate to their
abilities.
For the small number of pupils who may need the provision, material may
be selected from earlier or later key stages where this is necessary to
enable individual pupils to progress and demonstrate achievement. Such
material should be presented in contexts suitable to the pupil’s age.
Appropriate provision should be made for pupils who need to use:
• means of communication other than speech, including computers,
technological aids, signing, symbols or lip-reading;
• non-sighted methods of reading, such as Braille, or non-visual or nonaural ways of acquiring information;
• technological aids in practical and written work;
• aids or adapted equipment to allow access to practical activities within
and beyond school.
Judgements made in relation to the level descriptions should allow for the
provision above, where appropriate.