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Code of Practice Procedures
The law concerning children with Special Educational Needs,
including Dyslexia, is contained within Part IV of the 1996 Education Act. The
Code of Practice for the Identification and Assessment of Special Educational
Needs describes more fully what should happen. This document is under review and
a new Code will be published in September 2001.
1. Special Educational Needs (SEN).
A child has "special educational needs" if he has a
learning difficulty which calls for "special educational provision" to
be made for him.
A child has a "learning difficulty" if he has a significantly greater
difficulty in learning than the majority of children of his age, or he has a
disability which either prevents or hinders him from making use of the
educational facilities generally provided in schools (in his LEA). Dyslexic
children do have much greater difficulty in learning.
"Special educational provision" means educational provision which is
additional to or otherwise different from that made generally for children of
his age in schools (in his LEA). In other words, the extra help a child needs.
2. The Code of Practice.
Proper identification, assessment and evaluation are key
factors in succeeding with dyslexic children, indeed with all children with
special educational needs, (SEN) and are very much part of the legislative
framework. The Code of Practice gives guidance on how this should happen.
LEAs and school governors have to "have regard" to the Code but do not
have to do exactly what it says. The Code describes school based 'stages' of
special educational provision/extra help. The current Code of Practice prompts
questions.
 | What is this child's difficulty in learning? |
| What teaching methods are appropriate? |
| Have they worked? |
| If not, why not? |
| Does the school need more information/advice? |
3. The school based stages.
Stage 1. Class or subject
teachers identify the child's SEN, gather information and put into place some
help to meet needs. Parents can express concern that their child may have
special educational needs and the teacher should investigate.
Stage 2. Special Needs Co-ordinator, with
class teachers, devise more comprehensive strategies. An Individual Educational
Plan is prepared.
Stage 3. Specialist staff from outside the
school, e.g. educational psychologists or advisory teachers help support a child
with more complex needs.
At each stage the extra help must be regularly monitored and reviewed to ensure
that it is effectively meeting individual needs. Parents should be asked their
views. The Code of Practice details the sort of help LEAs expect schools to give
dyslexic children.
School governors must "use their best endeavours" to "secure that
if any registered pupil has special educational needs the special educational
provision that his learning difficulty calls for is made". (Section 317,
1996 Education Act)
Governors are required to have a school policy on special educational needs and
to report on it at their annual meeting for parents. Regulations specify what
the school policy and annual report must include. Very importantly the policy
must say how governors evaluate the success of the education provided to
children with special educational needs including, of course, dyslexics and it
must explain how parents can complain about special educational provision.
If a school cannot meet a child's special educational needs from its own
resources they should ask the LEA to start a "statutory" assessment.
Parents can also ask the LEA to make a statutory assessment.
Stage 4. The LEA consider the need for a
statutory assessment.
Stage 5. The LEA consider the need for a
statement and if appropriate make a statement and arrange, monitor and review
provision.
A child needs a statement if it is necessary for the LEA rather than the school
to determine the special educational provision a child needs. The LEA will
expect the school to have evidence of all the help he has had in school. Parents
are strongly advised to contact their local dyslexia associations at the very
early stages of 'statementing' because understanding the process can prevent a
lot of problems later on. New regulations impose time limits for completing
assessments and the whole process should take no longer than six months.
Disagreements about assessments and statements are made to a new Special
Educational Needs Tribunal.
4. The SEN Tribunal.
The Tribunal hears appeals against:
| LEA's refusal to assess/reassess following parents'
request, |
| LEA's refusal to make a statement after assessment,
|
| LEA's description of needs, provision or school in a
statement, |
| LEA's decision to cease to maintain a statement,
|
| LEA's decision not to change the name of school.
|
One needs to ensure that the following
questions have been asked?
| What is this child's difficulty in learning? |
| What teaching methods are most suited? |
| Have they worked to date? To what degree? |
| If not, why not? |
| Does the school need more information or advice? |
| What is the next positive stage forward? |
Useful contacts.
The Department for Education and Employment (DfEE)
Publications Centre,
Tel: 0845 602 2260 Fax 0845 603 3360
E-mail: dfee@prologistics.co.uk
Web: www.dfee.gov.uk
"SEN Parents Guide", available in various languages, and "SEN
National Code of Practice".
Advisory Centre for Education (ACE) Tel:
020 7354 8321 Fax: 020 7354 9069
E-mail: ace-ed@easynet.co.uk Web: www.ace-ed.org.uk
(Publishes a SEN Handbook £9.00 incl. p&p)
Independent Panel for Special Education Advice (IPSEA).
Advice Line 0800 018 4016 Web:
www.ipsea.org.uk
Network 81 Tel: 01279 647 415 Fax: 01279 814 908
E-mail: network81@tesco.net
(Advises parents about statementing)
A useful
site is ACE: The
Advisory Centre for Education Ltd is an independent national advice centre for
parents - founded
in 1960. ACE works for an education system that supports all children and
promotes the active involvement of parents in their children's education. We aim
to provide the information, support and advice that parents need to help their
children at school particularly when there are problems.
ACE
is able to help by providing a sympathetic ear, hard information on the law, and
advice for parents making complaints, we are able to help parents get what they
want for their children and improve their achievement at school.
Also more info on BDA
site
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