SEND Reforms – implications for schools and

SEND Reforms –
Implications for Schools and
Dorothy Hadleigh, SEN Services Manager
SEN Services Educational Psychologists and
Advisory Teacher
Powerpoint presentation produced by Nigel Harrisson,
Quality Education Support and Training (UK) Limited
SEND Reforms
The SEN reforms will mainly affect LAs
policy and procedures… but knock on to
There is a change of culture
Three main areas that will affect
schools directly…
Funding Reforms – Implemented in April 2013
The Code of Practice – Currently Draft
The Equalities Act 2010
Change of Culture
Children and Families Bill – not just SEN
Funding in Schools – get on with the job –
less prescriptive of how you do it
Schools increasingly autonomous of LA
Only the most complex needs should have
an EHC Plan
Continuing emphasis on progress and
Parents and Young People ‘back in control’
Behind the Reforms
Funding Reforms
From April 2013 – includes FE
Local Funding Formula
Funding now in schools – notional SEN
Regard to the whole of the school budget
Schools must use their ‘best endeavours’
In mainstream - LA ‘top up’ from high
needs block (over what’s reasonable for
schools to spend - £6k)
Commission special school places
Implications for Schools?
Deciding on budget – it’s only notional
Meeting needs v. spending the money
When to ask for a top up – evidence
Movers in and out
Equalities Act 2010
Proposed C&F Act will not cover disabled
children without SEN (but most disabled
children have SEN)
Disability is considered long term (12
months or more) and affects day-to-day
activities – can include asthma, cancer etc
Disabled children are covered in Children
Act 1989 and Equalities Act 2010 - already
in place but renewed emphasis – no need
for more legislation
Equalities Act 2010
Must not discriminate - must not treat
anyone less fairly because of their
Must make reasonable adjustments
Public bodies have a duty to promote
equality of opportunity
Recourse to SENDIST – Governing Body
is the ‘responsible body’
Draft Code of Practice
Main Changes:
Change of culture
Less prescriptive – focused on ‘good practice’
Big emphasis on taking into account the views of
Joint strategic planning and commissioning for
Co-ordinated Statutory Assessment
New guidance on supporting pupils (but nothing
really new)
Emphasis on transition to adulthood
The Local Offer and Schools
Local Offer – will set out what a typical
school can offer for SEND from within
its budget
Schools must be involved (as providers)
in the development of the Local Offer
Local Offer Will Include How
Identify and assess SEN
Adapt teaching and the curriculum
Make adjustments to the learning environment
Provide auxiliary aids
Assess and review progress
Support transition
Prepare for adulthood
Develop staff re: SEN
Engage specialists
Evaluate the effectiveness of provision
Support access to extra curricular activities
The Local Offer and Schools
In addition, schools are required to
publish detailed information on the
Local Offer for their particular school
There must be a designated SENCo –
who is a qualified teacher
Schools must ensure that those with
SEN are included alongside their nonSEN peers (wherever possible)
Need to have arrangements in place for
involving outside agencies/specialists –
but you decide if and when
Working with C&YP and Parents
Need to take into account the views of
parents and C&YP
Need to support the participation of C&YP
in making decisions
Identification of ‘needs’ - not just
educational needs
Schools should engage with parents and
C&YP when drawing up policies and
Schools could use the LAs Parent/Carer
Forums to develop policies on SEND
Provision for SEN in School
Schools need to ensure ‘high quality
provision for SEN’
High quality differentiated teaching
THEN ‘additional to or different from’
Graduated approach – but no ‘stages’
There will be increased choice over
support i.e. personal budgets
SEND should be represented on
Schools’ Council
The Graduated Approach
Schools should assess C&YP skills and
levels on entry and make regular
assessments of progress
Graduated approach in school
Given differentiated work they fall behind –
give extra support to make up progress
Still failure to make progress – assess for SEN
and agree support
Take an ‘assess – plan – do – review’ cycle
SEN Provision in Schools
Use ‘appropriate evidenced based
Have clear ‘stretched’ expectations as
Track progress at least termly (3x a year)
Support is planned and reviewed ‘by the
class or subject teacher in collaboration
with parents, SENCo and pupil’
If you make SEN (additional to or
different from) provision you must tell
SEN Provision in Schools
Outside Agencies - Schools should always
involve when a pupil makes little or no
progress despite “well-founded support”
over a sustained period – but can involve
them (or not) at any point
There is a need for a plan but not called
IEP etc
Must provide at least an Annual Report on
progress but should meet termly with class
teacher or form tutor supported by
SEN Provision in Schools
Need to keep accurate up-to-date
records especially as evidence if SA
Provision maps can be used for all
‘additional to or different’ from in
LA will also collect data on numbers and
types of need – schools have a duty to
SEN Categories
Communication and Interaction
Cognition and Learning
Social, Mental and Emotional Health
(note – not Behaviour)
Sensory and/or Physical
Requesting a SA for a EHC Plan
LAs will require:
Evidence of academic attainment and rate of
Information on the nature, extent and cause of the
Evidence of the actions taken
Evidence where progress has been made that it has
been due to over and above resources that cannot
be sustained
Evidence of developmental needs
SA process - not much change for schools:
Timescale reduced from 26 to 20 weeks
YP over 16 has right of appeal to SENDIST
Mediation must be considered if in disagreement
SA & EHC Plans
Parents (and YP over 16) can request a
SA for EHC Plan – over 16s seen as
‘Anyone’ can bring SEN to the attention
of the LA
Schools and parents have the right to
request SA
All agencies must work together – not
just for those with EHC Plans – schools
bringing professionals together
EHC Plans
When SEN provision cannot reasonably
be provided via the resources normally
available in school/college
The plan must be focused on outcomes
Must set out how agencies will work
Role of the SENCo
Determines with Head and Governing Body the
strategic development of SEN policy and
Day-to-day responsibility for the operation of
the SEN policy and co-ordination of provision
Providing professional guidance to colleagues
Working closely with parents/specialists
Advising on deployment of the delegated
Liaison with other establishments
Working with Head and Governing Body to meet
Record keeping
Staff Development
All teachers are teachers of SEND and
should have high expectations
SEN should be a core part of
performance management of all
Professional development needs to be in
place for all teachers and TAs
SEN should be a core part of
performance management of all
Transition to Adulthood
Secondary Schools – preparation for
adulthood – transition planning from
Year 9
C&YP need information to make
informed choices e.g. transition to
Careers advice should be impartial and
Should look at what is needed and flag
up how support might change
Dispute resolution open to schools and
parents for any SEN not just EHC Plans
Parents can use school complaints
Complaint to Ofsted - but only on a
general basis not on an individual case
LGO for maladministration in LA
SENDIST – for disability discrimination