SEN Code of Practice

1. 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)

2. SEN Code of Practice 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)

3. SEN Code of Practice Timetable • Publication of Code of Practice: December 2001 • Implementation: from January 2002 • Fully in place: September 2002

4. SEN Code of Practice 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

5. SEN Code of Practice New guidance will cover: • Ways of improving work with parents at school and LEA level • Services at LEA level to help prevent disputes • Ways of encouraging pupil participation and seeking pupils’ views • Managing IEPs • Writing statements – detailed with broad examples • Conducting annual reviews – more effective review of the child’s needs and identification of ways forward • Transition planning – linking the school’s role with the new Connexions Service and Personal Adviser functions • Multi-agency working – including separate and enhanced guidance for health and social service professionals • Case studies of LEA/school models for delegated funding for SEN

6. SEN Code of Practice 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.

7. SEN Code of Practice 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 • 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 funding • 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.

8. SEN Code of Practice Change in Process • Some reference to SENCO workload and time required for the role. • 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.

9. SEN Code of Practice 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.

10. SEN Code of Practice Change in phase emphasis Separate sections on: • Early Education Settings • The Primary Phase • The Secondary Sector

11. SEN Code of Practice Change in Need Definition Four dimensions developed by the TTA • Cognition and learning • Behavioural, Emotional, and Social Development • Communication and Interaction • Sensory and Physical

12. SEN Code of Practice 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.

13. SEN Code of Practice 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

14. SEN Code of Practice 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.

15. SEN Code of Practice 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

16. SEN Code of Practice 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.

17. SEN Code of Practice • 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.

18. SEN Code of Practice • 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.

19. SEN Code of Practice • 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.

20. SEN Code of Practice • 1.39 Roles and Responsibilities in Special Schools • Refers specifically to the ‘Policy’ within a Special School

21. SEN Code of Practice 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

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

23. SEN Code of Practice 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

24. SEN Code of Practice 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!

25. SEN Code of Practice • 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.

26. SEN Code of Practice 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).

27. SEN Code of Practice 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

28. SEN Code of Practice 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.

29. SEN Code of Practice 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.

30. SEN Code of Practice 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.

31. SEN Code of Practice 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.

32. SEN Code of Practice 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.

33. 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 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.

34. SEN Code of Practice 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.

35. SEN Code of Practice 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. • 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.

36. SEN Code of Practice 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!

37. SEN Code of Practice • 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

38. SEN Code of Practice • 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.

39. SEN Code of Practice 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.

40. Four Broad Strands of Action • Assessment, planning and review • Grouping for teaching purposes • Additional human resources • Curriculum and teaching methods

41. 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

42. 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)

43. 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.

44. Curriculum 2000 • 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 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.