Alliance for Inclusive Education’s Briefing – December 2009 Dear Friends We are pleased to say we have achieved some positive changes in the Apprenticeships, Skills, Children and Learning Act, which became law on November 12th. As a result, disabled young people should now find it easier to undertake an accredited mainstream apprenticeship placement. Discussions are now taking place to determine funding policies for the support of disabled learners in mainstream education. We must make efforts to ensure that any regulations and guidance issued in connection with this Act will actively promote the participation of disabled people in mainstream education and apprenticeship opportunities. The parliamentary year has just started, and is likely to be a short one. We will again be lobbying on education legislation the Children, Schools and Families Bill as well as the Equality Bill. Yours in solidarity Simone Aspis , ALLFIE’s Campaigns and Policy Coordinator 1 Alliance for Inclusive Education’s Briefing – December 2009 Contents Apprenticeships, Skills, Children and Learning Act ……………………….……Page 3 Queen’s Speech…………………………Page 10 Equality Bill………………………………..Page 11 Jargon Buster…………………………....Page 13 2 Alliance for Inclusive Education’s Briefing – December 2009 Apprenticeships, Skills, Children and Learning Act On November 12th, the Apprenticeships, Skills, Children and Learning Bill received Royal Ascent. In our February campaign briefing, we had stated that the Bill’s provisions would impact heavily on the inclusion of disabled people to mainstream academic, vocational and accredited apprenticeship placements. ALLFIE lobbied hard to ensure that access would not be prevented by funding policy issues, and to ensure that qualifications and curriculum regulators and development bodies are under a strong duty to promote disability equality. We have won praise from Lord Young, Minister for Business, Innovation and Skills, who was responsible for the passage of the Bill through the House of Lords. He said in a letter to ALLFIE: “I can assure you that we wish to continue to work closely with ALLFIE. The points you raised during the passage of the Bill through the Lords Committee stage have been valuable and have influenced our thinking.” ALLFIE secured several major victories during the passage of the Bill, increasing access for disabled young people who wish to participate in mainstream educational and training opportunities. 3 Alliance for Inclusive Education’s Briefing – December 2009 As well as obtaining changes in the Bill, we persuaded Lord Young to confirm Government’s commitment to inclusive education during parliamentary debates. Apprenticeship Entry Requirements We are pleased to announce that the requirement to obtain five GCSEs or their equivalent for entry on to a nationally accredited apprenticeship placement no longer applies to many disabled young people. As an alternative, they will be able to demonstrate readiness to undertake a placement by providing a portfolio of work. We will need to make sure that these alternative entry requirements will apply to the full range of apprenticeship schemes. In addition, while 18 is the upper age limit for nondisabled people to apply for an apprenticeship, for disabled people it will be 25. The National Apprenticeships Unit will be drafting regulations on what can be included in the work portfolio and ALLFIE will be seeking as much flexibility as possible. ALLFIE comment ALLFIE is pleased that the Government has backed down on the minimum entry requirements for disabled people to undertake an apprenticeship placement. We will have to wait to find out whether the alternative requirement will apply to all available apprenticeships. 4 Alliance for Inclusive Education’s Briefing – December 2009 We will also need to make sure that the regulations allow for a wide range of formats which disabled young people can use as evidence to meet the entry requirements. Apprenticeships Standards Framework for England The frameworks for accrediting industry-specific apprenticeships have not spelt out in the Act. These frameworks cover minimum entry requirements, the competences, skills and knowledge to be acquired, employment contractual arrangements, the number of hours training on and off the job, and the qualifications available on completing the apprenticeship. Consultation on these regulations will be issued in the New Year and ALLFIE will submit a response. ALLFIE comment We will need to work hard to make sure these industry specific apprenticeships frameworks allow the degree of flexibility so that disabled young people are able to undertake an accredited apprenticeship. Apprenticeships Support There is nothing in the Act about the funding of support for disabled learners. However, we have been assured that Access to Work payments will be available for disabled apprentices, while the 5 Alliance for Inclusive Education’s Briefing – December 2009 Government is expecting that education support will be paid for through the funding for additional learning support. ALLFIE’s comment We have just discovered that the funding policy operated by the National Apprenticeship Unit may discriminate against apprenticeship providers who want to take on disabled apprentices. This is because the provider will not receive the full funding unless and until the apprentice successfully completes the training and gains the relevant qualification. Mainstream Course Funding Currently education, training and apprenticeships providers have some of their funding withheld if students do not successfully complete their accredited courses. This we think has led to reluctance among some providers to enrol disabled learners onto mainstream courses. ALLFIE wants the Government to make a commitment to the effect that no fundingrelated policy will disadvantage providers who wish to enrol disabled learners. Funding policy is not usually specified in legislation, but we 6 Alliance for Inclusive Education’s Briefing – December 2009 have obtained Lord Young’s commitment — in a letter and during parliamentary debate — that funding formulae and policies should not disadvantage disabled people who wish to participate in mainstream accredited courses or apprenticeship placements. Lord Young has asked that a meeting take place in the next few weeks between ALLFIE, Young Person’s Learning Agency, National Apprenticeships Unit and Skills Funding Agency ALLFIE’S comment We will concentrate our efforts on certain issues relating to funding policy. Firstly, we must ensure that the funding policies that accompany the Act will not disadvantage education and training providers who wish to enrol disabled people. Second, we must make sure that the equipment and support arrangements that are put into place have the flexibility to allow disabled learners to attend any mainstream opportunity of their choosing. We will be exploring opportunities for piloting the use of individualised budgets direct payments for further education and apprenticeships. The Right to Control trailblazer sites are where local authorities will oversee the individualised budgets, including direct payments. 7 Alliance for Inclusive Education’s Briefing – December 2009 Mainstream Course Entitlement ALLFIE has campaigned for disabled people to have a right to a place in mainstream further education and training courses. Although this has not yet been achieved, Lord Young has said that promoting diversity does not mean reversing the Government’s policy of promoting inclusive practice in schools and further education colleges. Lord Young has also said that he expects young disabled people to exercise choice in the same way as other young people. ALLFIE comment It’s great that Lord Young has clearly said that the Government’s intention is for disabled and nondisabled young people to have the same choice of courses available to them. We will do our best to make sure this happens through our discussions with YLPA and SFA. Learning Difficulty Assessment and Student Support The learning difficulties assessment is the gateway for disabled learners to get the support and equipment they need to undertake a course. Whilst disabled learners support arrangements were not in the Bill, never-a-less we raised the need for individualised support if disabled 8 Alliance for Inclusive Education’s Briefing – December 2009 learners were going to access further education and apprenticeships opportunities during our meeting with Lord Young. We are now hoping the ‘Right To Control’ pilots will include opportunities for disabled learners to have individualised support packages. Qualifications and Curriculum Development Agency (QCDA) The QCDA has been under a duty to promote disability equality, but there has been little evidence that this was in place w hen course syllabuses were devised. We campaigned for a Government commitment that the QCDA should include disability equality issues where appropriate in any curriculum syllabus. Whilst ALLFIE did not secure the desired legislative changes, the QCDA has made a commitment to ensure disability equality is promoted throughout the National Curriculum. Richard Raiser from World of Inclusion has developed subject curriculum work which includes disability equality issues. ALLFIE hopes this signals the start of the plan to implement a ‘Disability Equality in Schools’ week – as promised by the DSCF in 2007. ALLFIE’s comment It’s great that the QCDA is now doing more to include disability equality issues in the National Curriculum. However, we need to keep up the pressure to ensure that 9 Alliance for Inclusive Education’s Briefing – December 2009 disability equality is incorporated in all vocational and academic course syllabuses. Disabled people’s organisations are telling us that the vocational Social Care courses, for example, are not underpinned by a disability equality perspective. OFQUAL ALLFIE wanted the qualifications regulator to be under a duty to ensure all qualifications are inclusive of disabled learners. ALLFIE’s comment / Whilst ALLFIE has not secure any legislative changes, never-a-less the issues have been raised during the Equality Bill debates. Queen’s Speech At the opening of Parliament on 18th November the Government laid out its plans for legislation during the parliamentary year. This will be the last chance to secure disabled people’s rights to access mainstream education before the general election. 10 Alliance for Inclusive Education’s Briefing – December 2009 Equality Bill The Equality Bill will complete its final stages in the House of Commons and then move into the House of Lords. Children, Schools and Families Bill The Children, Schools and Families Bill focuses on the guarantees that schools can give to pupils and their parents. This should mean that children and young people are better equipped to meet the opportunities, demands and challenges of adult life through an updated school curriculum that includes the skills and knowledge they need to succeed. Aspects of the Bill which ALLFIE may be interested in are: Guarantees — the Government has given an undertaking that a series of specific entitlements will be provided for all, with a means of redress if expectations are not met. Home-School Agreements – Parents will be expected to sign a home school agreement which outlines both the parents and school’s responsibilities for the pupil’s learning. OFSTED will be under a duty to report on how well mainstream schools are doing in meeting their range of disabled children. 11 Alliance for Inclusive Education’s Briefing – December 2009 New Appeal Rights – Parents will have new rights to appeal against a local authority’s decision not to amend a child’s SEN statement after a review. Exceptional provision of ill or excluded children in short stay schools or elsewhere – may allow Local Authorities to determine whether a child would benefit from part-time rather than full-time education. Curriculum Reform – Changes in Primary School (key stage 1 and 2) and Personal, Social, Health, and Economic Education (PHSE) Licence to Practise — This Bill sets out a new teacher licensing system that will give teachers professional status. ALLFIE will be letting you know what we think about the Children, Schools and Families Bill in January’s briefing. 12 Alliance for Inclusive Education’s Briefing – December 2009 Jargon Buster Access To Work Support that paid disabled workers can get from Government. Apprenticeships Standards Framework for England These are the standards which all apprenticeship providers must use if they want their apprenticeships to be supported by the Government. These standards will include what people must learn, the course they must complete, the number of on and off the job training hours and so on. Apprenticeships A period of work experience and training where a person learns to do a job. Curriculum Reform Changes in what learners will learn on their courses. Direct Payment A pot of money a disabled person gets instead of a service. A direct payment may be given instead of direct services. Education Providers Anyone who is providing learning opportunities and courses “GCSE” level This is the Government’s standard in any subject including Maths and English which learners are expected to achieve in order to go onto a mainstream course or into work. Guarantee An agreement on something. 13 Alliance for Inclusive Education’s Briefing – December 2009 Individualised Budget / Right to Control An individualised budget which a disabled person has to buy his / her own care, support and equipment. Key stage 1 and 2 The Government says what children between 7-11 years of age should have achieved. Licence to Practise The Government says who can or cannot teach in schools. National Apprenticeships Unit Government department which deals with apprenticeships. They run the national apprenticeships service and will start to make the Apprenticeships Act’s rules. Secretary of State for Children, Schools and Families She or he is responsible for everything that the Government does on providing education and support to children and their families. SEN statement A statement to say what the child’s needs are and what must be arranged by the local authority. Syllabuses What learners will learn on their courses. OFSTED National monitoring body that checks to see how well schools and children’s services are doing. Ofqual 14 Alliance for Inclusive Education’s Briefing – December 2009 A new national agency which will oversee the standards and awarding of qualifications/ certificates Portfolio of Work A collection of work that a person has done. Qualifications and Curriculum Development Agency The national agency which will oversee what students will learn whilst at school and taking their exams. Royal Assent This is when law has been debated and supported by both the House of Commons and House of Lords. Skills Funding Agency A Government agency which will buy education and training courses for adults. Trailblazer Sites Local Authorities which have been chosen to try out Right to Control pilots. Young Person’s Learning Agency A new Government agency which will give local education Authorities money to buy education and training courses for young people. 15