Service personnel who have a child identified as having special educational needs should be aware of The 1996 Education Act which makes major changes to the way Local Education Authorities (LEA's) and schools must identify and provide for children's special educational needs. To support this there is a Code of Practice, the purpose of which is to give guidance to education authorities and to schools on their functions under part 4 of the act. (the identification and assessment of special educational needs).
Identifying the changes
The 1996 Act replaces the 1993 Education Act and deals with some of the problems and shortcomings of the earlier legislation. The changes include:
1. A Code of Practice giving detailed practical guidance to schools and LEA's on how to identify, assess, record, meet, and review special educational needs (both with and without statutory statementing procedures).
2. A limit of 26 weeks to complete the legal process for identifying and assessing special needs and, where appropriate, issuing a legally binding statement on how those needs will be met.
3. Parents of children with statements are able to say which maintained school they prefer their child to attend and the LEA must agree - subject to certain conditions.
4. The maintained school named on a child's statement of special educational needs must accept the child.
5. Parents may make representations for a placement outside the maintained sector, e.g. in an Independent school.
6. LEA's have to carry out specific procedures when reviewing statements.
7. An extension of parents rights of appeal against LEA decisions on assessments & statements, with a new independent Special Educational Needs (SEN) Tribunal to hear those appeals.
8. New duties on schools to draw up, publish, and report on their special educational needs policy.
The Code of Practice
The Code of Practice is for schools and LEAs to plan how they will meet a child's special needs. The code recommends a staged approach, based on a recognition that there are various levels of need requiring different forms of provision. Such needs may exist before the child attends school - in which case the LEA, along with health services, should become involved at this early stage, having regard to the code.
The code emphasises that children with SEN, including those with statements, should:
1. Be educated along side other children in ordinary schools (where appropriate and taking into account the wishes of the parents).
2. Have the greatest possible access to a broad and balanced education which includes the National Curriculum.
3. There is the greatest possible degree of partnership between parents, their children, the school, the LEA, and any other agencies involved.
4. Those responsible take into account a child's wishes in the light of his/her age and understanding.
The Five Stages of Help
The code recommends that schools and LEAs should provide help for children with SEN in stages. It suggests 5 stages - but does insist on schools following this particular pattern, so long as a schools own scheme recognises the various levels of need, the different responsibilities for assessing and meeting those needs, and the numerous types of provision available.
Stage One - The class teacher or form/ year tutor at the school identifies the child's special school educational need, gathers information, consults with SEN co-ordinator and takes early action.
Stage Two - The SEN Co-ordinator at the school takes responsibility for co-ordinating special educational provision, and ensures that an individual education plan is drawn up, working with a child's teachers.
Stage Three - The SEN Co-ordinator at the school brings in outside specialists to advise.
Stage Four - The LEA and school considers need for statutory assessment and, if appropriate, makes a multi-disciplinary assessment.
Stage Five - The LEA and school considers need for SEN statement and, if appropriate, makes a statement and arranges, monitors and reviews provision.
