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Code of Practice

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 was reviewed in 2001.

Full Code Of Practice PDF Downloadable HERE !

See Also:  Getting A Statement


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.

 

One needs to ensure that the following questions have been asked?

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
dfee@prologistics.co.uk Web: www.dfee.gov.uk
"SEN Parents Guide", available in various languages, and "SEN National Code of Practice".

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 - very helpful and empathetic and relies on donations, and does an amazing service).


Advisory Centre for Education (ACE)

Tel: 020 7354 8321 Fax: 020 7354 9069
ace-ed@easynet.co.uk Web: www.ace-ed.org.uk
(Publishes a SEN Handbook £9.00 incl. p&p)

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.

ACE AND IPSEA OFFER WONDERFUL SERVICES AND NEED YOUR HELP, SO PLEASE SUPPORT THEM BY DONATING A SMALL DONATION TO KEEP THIS WONDERFUL SERVICE GOING !

 

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