sen code of practice related documents the sen and disability rights in education bill the education...

SEN Code of Practice

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)


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)


Timetable1. Publication of Code of Practice:

December 20012. Implementation: from January

20023. Fully in place: September 2002


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


New guidance will cover:o Ways of improving work with parents at school and

LEA levelo Services at LEA level to help prevent disputeso Ways of encouraging pupil participation and seeking

pupils’ viewso Managing IEPso Writing statements – detailed with broad exampleso Conducting annual reviews – more effective review of

the child’s needs and identification of ways forwardo 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


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.


Change in Process• ‘Stages’ replaced by ‘graduated approach’• Action rather than assessment is emphasised• Emphasis on Action at School Level through Action and Action

Pluso New duty to be placed on LEAs to publish details of

what 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 fundingo 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.


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.


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.


Change in phase emphasisSeparate sections on:• Early Education Settings• The Primary Phase• The Secondary Sector


Change in Need DefinitionFour dimensions developed by the TTA• Cognition and learning• Behavioural, Emotional, and Social

Development• Communication and Interaction• Sensory and Physical


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.


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


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.


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


Chapter One: Principles & Policies

• 1.5 Fundamental Principles • 1.6 Critical Success Factors: 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.


• 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.


• 1.21 The duties of governing bodies

Additional proposal in the SEN BillEnsure that parents are notified of a decision by the school that their child has SEN.


• 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.


• 1.39 Roles and Responsibilities in Special Schools

• Refers specifically to the ‘Policy’ within a Special School


Chapter Two – Working in Partnership with Parents2.1 Introduction ‘Parents have a critical role to play in

their child’s education’2.4 Definition of Parental Responsibility2.4 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 SEN2.22 Preventing and Resolving disagreements• All LEAs must provide arrangements for informal

resolutions and reduce appeals to SEN Tribunal


o Guidance within the revised Code on minimum standards that might be expected of Parent Partnership Services, without stifling local initiative.


Chapter Three – Pupil ParticipationReference to United Nations Convention on the

Rights of the Child and The Children Act 19893.5 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


Chapters Four, Five and SixIdentification, 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!


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.


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).


Chapter FourEarly Education Settings

• Clarification of expectations – regard to the Code and a Policy for SEN

• Early Years Action and Early Years Action Plus


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.


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.


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.


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.


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.

SEN Code of Practice 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 progress7.38 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.


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.


Chapter 8 Statement of SENs8.4-7 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.


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!


• 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


• 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.


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

• Assessment, planning and review• Grouping for teaching purposes• Additional human resources• Curriculum and teaching methods

The Revised Code of Practice

Individual Education Plans• 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


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)


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

• AccessThe 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

non-aural 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.

sen code of practice related documents the sen and disability rights in education bill the education...

Documents

sensen code of practice

revised code

good practice

statements of sen

school level

schools role

school based provision

education bill