Bill Goler and Mandy Cameron

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SEN Governors Network

• Bill Goler and Mandy Cameron
• The Deighton Centre
• Tel [phone]

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This evening we will .

• Look at schools Disability Equality Duty
• Look at a tribunal case
• Look at how SEN funding works
• Look at the latest news around SEN and Disability

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Your Disability Equality Scheme
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Disability Equality Scheme

• Schools must ensure they have a Disability
  Equality Scheme in place that addresses the
  following areas
• Access Plans
• Raising Awareness
• Consulting with disabled pupils and staff
• Monitoring outcomes for disabled pupils

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(No Transcript)
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Disability Discrimination Act 1995 Sections 28D
and 28E of the DDA set out the planning duties.
Three strands in increasing access for disabled
pupils increased access to the curriculum for
disabled pupils improvements to the physical
environment of schools to increase access to
education and associated services at
schools improvements in the provision of
information for disabled pupils where it is
provided in writing for pupils who are not
disabled.
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• Increasing access to
• the curriculum
• This might include
• changes to teaching and learning arrangements
• classroom organisation
• the deployment of learning support
• timetabling
• staff information
• staff training
• grouping arrangements
• peer support.

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• Improvements to the physical environment
• Designed to increase the extent to which
  disabled pupils are able to take advantage of
  education and associated services. This might
  include
• lighting
• signing
• improvements to the acoustic environment
• floor coverings
• toilets and washing facilities
• furniture
• layout of the playground.

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• Improving the delivery of information to disabled
  pupils
• Information for disabled pupils - normally
  provided in writing for pupils who are not
  disabled. It includes
• handouts
• timetables
• textbooks
• information about school events.
• It might include making information available
• in Braille
• in large print
• on audio-tape
• through sign language
• using a symbol system.

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Accessible Schools Planning to increase access
to schools for disabled pupils Issued by DfES,
July 8th 2002 Ref. No LEA/0168/2002 Guidance for
schools and LEAs
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The DED also requires schools toRaise
awareness of disabilityConsult with disabled
pupilsMonitor the progress of disabled pupils
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A major challenge to schools is the
identification of disabled pupils

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SEN Tribunal
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Firsttier Tribunal (Special Educational Needs
and Disability)

• From 3rd November the Special Educational Needs
  and Disability Tribunal (SENDIST) ceased to exist
  as a stand-alone body and became part of a new
  two-tier Tribunal structure the First-tier
  Tribunal and the Upper Tribunal.
• Special Educational Needs and Disability now sits
  in the Health, Education and Social Care (HESC)
  Chamber of the First-Tier Tribunal.
• Appeals against the panel's decisions now go to
  the Upper Tribunal instead of to the High Court.
• http//www.sendist.gov.uk/

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Case of Child C aged 9 who attends a maintained
primary

• The parents' claim is that the school have
  unlawfully discriminated against their son C by
  excluding him from school on three occasions
• a fixed term exclusion
• excluded from lunchtimes and playtimes for eleven
  days
• a fixed term exclusion
• On each occasion the school governors, on appeal,
  upheld the Head Teacher's decision to exclude.

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Is C disabled according to the DDA definition?

• The tribunal spent time reviewing the evidence in
  relation to alleged disability
• This included considering reports from a
  Consultant Paediatrician, a Consultant Child and
  Adolescent Psychiatrist, the Educational
  Psychologist and the timing of these reports
• C has significant elements of three conditions.
  Oppositional Defiant Disorder, ADHD, Pervasive
  Developmental Disorder possibly even Asperger's
  Syndrome . He was prescribed Ritalin

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Is C disabled according to the DDA definition?

• Tribunal concluded that C is a disabled person
  within the meaning of the DDA.
• He requires considerably more supervision at home
  and at school than a non disabled child to ensure
  his safety, and that of others

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The first fixed term exclusion

• "C has been excluded for this fixed period for
  punching a dinner lady, swearing at her and
  challenging school staff who were trying to
  investigate the incident". Head
• C's explanation, in a statement taken down by his
  parents on 4th October 2004, was that he had got
  into an argument with some girls one of whom C
  had punched lightly on the forehead. The girls
  complained to the dinner lady who wanted to know
  what had happened
• "To show her what I did to the girls and how
  lightly it was, I tapped her on the head and it
  was literally as hard as I had done to the girls,
  which wasn't very hard at all ... I wasn't
  actually very angry".

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The First Exclusion

• The tribunal found that the treatment received by
  C is less favourable than that received by those
  others
• He was excluded for a reason which relates to his
  disability
• The Responsible Body has not shown that the
  treatment was justified.
• However the feature of C's disability which made
  it likely that C would respond to an instruction
  in this way was the suggestion of Asperger's
  Syndrome which was not raised as a possible
  diagnosis until the Dr raised it in November
  2004.
• The exclusion pre-dated Drs report and
  accordingly in respect of the first exclusion, we
  are prepared to find that the Responsible Body
  could not reasonably have been expected to know
  that C was disabled in this way.
• Accordingly, the Responsible Body's less
  favourable treatment of C on this occasion was
  not discrimination.

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The Second Exclusion

• The head reported "C has been excluded (at
  lunchtimes and playtimes) for this fixed period
  for deliberately refusing to obey the
  instructions of school staff at playtime and
  lunchtime".
• Her evidence at the hearing was that he had quite
  deliberately ignored the instructions of senior
  staff to come and talk about an earlier incident
  in which he had put his hands round the neck of a
  girl in his class and, according to the girl's
  mother, kicked her on the leg.

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The second exclusion

• In respect of the second exclusion the tribunal
  found as follows
• (a) the treatment which is the subject of C's
  complaint is exclusion
• (b) his treatment is to be compared with the
  other children
• (c) the treatment is less favourable than that
  received by the other children
• (d) the reason for the exclusion relates to C's
  disability
• (e) the Responsible Body has not shown that the
  treatment in question was justified.

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The second exclusion

• The head teacher's decision to exclude was a
  considered decision, rather than one taken on the
  spur of the moment, and the school knew a great
  deal about C and his problems (including the ODD
  component of his disorder to which on this
  occasion his behaviour appeared to relate). By
  this time they were aware of the Drs diagnosis
  which had raised the issue of Asperger's
  Syndrome.
• Furthermore, they had done a great deal to
  improve the situation following the first
  exclusion. The SENCOs evidence was that she had
  been on a team teach course the school had put
  in pastoral support for C, and talked to him
  about anger management. She had spoken to the
  other children in C's class and also to the
  ancillary staff about C's difficulties there had
  been further input from The educational
  psychologist and the specialist support teacher
  and the Drs report had been considered.
• This was a helpful training package which should
  have made the school realise that when C's
  behaviour became challenging and confrontational,
  he should have been handled in a different way.
• It appears that the training undertaken by the
  school since the first exclusion had not been
  sufficiently absorbed.

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The third exclusion

• The head said "C has been excluded for this fixed
  period for receiving four sets of three tallies
  and one set of four tallies. The tallies have
  been given at times when C has deliberately
  refused to obey an instruction from an adult. His
  behaviour is affecting the behaviour of other
  pupils and is having a detrimental effect on the
  education of other pupils".
• The head teacher explained that the system
  (outlined in the behaviour policy) was that once
  a pupil had "earned" a certain total of tallies,
  this would lead to exclusion. The slate was wiped
  clean at the end of each term. There was no
  corresponding "merits" system whereby rewards for
  good behaviour could be set against tallies for
  bad behaviour.
• The policy makes no distinction between pupils
  with disability and pupils without.

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The third exclusion

• We find the third exclusion was unjustified
  because it took no account, or insufficient
  account, of C's difficulties which were known to
  the school, nor had the lessons from the training
  been absorbed. The school should have acted in a
  way which pre-empted C's confrontations with
  adults.
• The tribunal stated that the school had "always
  evidenced a caring and committed attitude towards
  C and has provided him with considerable support.
  The school has, at all times attempted ... to
  deal with C sensitively and recognising his
  social and behavioural difficulties". They
  acknowledge that C had not been an easy pupil,
  and that in many ways the school has acted
  sympathetically and sensitively towards him.
  Nonetheless the school had not adjusted their
  approach to Cs problems sufficiently to prevent
  discrimination within the terms of the DDA by
  excluding him from school

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Remedy

• By way of remedy the parents seek training for
  all school staff and governors, new guidance,
  changes to school and/or LA policies especially
  with regard to behaviour,
• and a written apology to C for failing to
  recognise/meet his needs.

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SEN Funding
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Age weighted pupil unit

• The AWPU is the basic funding arrangement for
  schools based on the number of pupils on the
  register
• In special schools there is a sum of money
  allocated each year on the basis of planned
  places

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SEN and the AWPU

• There is an expectation that a percentage of AWPU
  will be directed towards Special Needs
• Currently a figure of 5 is being put forward as
  the notional sum

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Kirklees SEN New Approaches

• Providing additional funding to help schools make
  arrangements for children with SEN
• Formula funding using various measures and an
  index of multiple deprivation
• Statement funding remains separate to this

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Statements

• Currently all statements are banded
• Different bands carry different levels of funding
• Traditionally this has equated to a certain
  number of hours of support time
• Although many parents (and schools) still equate
  support for their child in these terms we advise
  that there should be a move away from this narrow
  definition
• Funds go into school and school has to use funds
  to meet whatever is on the statement. Sometimes
  this will specifically mention ETA support but
  this is not common practice anymore.

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How is the money used?

• The money goes directly to the schools budget
  which means schools can
• Respond quickly and efficiently to childrens
  needs
• Organise additional resources

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National and Local Update
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National SENCO Qualification

• Starting September 2009 all SENCOs in post for
  less than a year must undertake training within 3
  years.
• Any established SENCOs or those starting new
  posts who have been SENCOs for at least a year
  elsewhere are not required to do it.
• Providers will probably make the courses
  appropriate for established SENCOs but while it
  is free to new SENCOs others will have to pay
  fees etc..

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Inclusion Development Programme

• Focus for the second year is autism
• Materials for this are now available on line
• A number of schools are already working on
  becoming either Dyslexia or Communication
  inclusive following the first phase of this 4
  year programme.
• Schools will be offered support to be Autistic
  Inclusive

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The Latest Rose Review

• Former Chief Inspector of Schools Sir Jim Rose
  recommends a new focus on speaking and listening
  skills.

Schools should make sure that childrens spoken
communication is developed intensively within all
subjects and for learning across the
curriculum. In so doing, schools should
capitalise on the powerful contributions of
the performing and visual arts, especially role
play and drama.
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Last year of the SATS?

• NAHT Head Teachers conference passed a
  resolution to ballot all members on whether they
  should boycott the year 6 SATs

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New Health Strategy

• Healthy Lives, Brighter Futures the Strategy for
  Children and Young Peoples Health
• Recognises that speech, language and
  communication are the foundation life skills for
  the 21st Century.

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Minister for SEN

• Sarah McCarthy-Fry has written to heads and
  chairs of governors asking them to make reducing
  exclusions and bullying of children with SEN a
  priority.
• Children with SEN nine times more likely to be
  excluded.

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This evening we have .

• Looked at schools Disability Equality Duty
• Looked at a tribunal case
• Looked at how SEN funding works
• Looked at the latest news around SEN and
  Disability