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Statement of Special Education needs Process

 

School Based Action

  • The school must tell you if your child has been identified as having special educational needs.
  • The teacher and SENCO will collect information about your child to help them decide on the extra help s/he will need.
  • The SENCO ensures an Individual Education Plan (IEP) is produced for your child. The IEP sets learning targets for your child and says when and how they will be reviewed.
  • This process is called SCHOOL ACTION.
  • The IEP should be reviewed regularly.
  • If, after a review, it is decided that your child needs more support than s/he is getting the school may ask specialist workers for advice on planning a new IEP.
  • This process is called SCHOOL ACTION PLUS.
  • Parents should be informed and involved in these processes.

School Action

Your child’s school may be concerned that s/he has special educational needs. This is likely to be because your child:-

  • Makes little or no progress even when teaching has been targeted at his/her weakness;
  • Has difficulty with literacy or maths;
  • Has emotional or behavioural difficulties;
  • Has communication difficulties;
  • Has sensory or physical problems and does not make progress even with the use of specialist equipment.

The school will discuss with you the best ways in which to support your child to make progress. The class teacher should be involved in these discussions, along with the school’s Special Educational Needs Co-ordinator (SENCO). They will collect as much information as possible about your child. Sometimes they will want to contact health and/or social services professionals but will only do so if you agree.

The SENCO will assess your child’s strengths and weaknesses, plan future support and arrange regular reviews to check what progress has been made. S/he will also draw up an IEP for your child. You should be invited to be a part of this process.

The SENCO and your child’s teacher will decide what sort of support will help your child make progress. For example:-

  • Different learning materials;
  • Special equipment;
  • Group work;
  • Individual support;
  • Training for staff on how best to support your child;
  • One off or occasional support from the local education authority.

Your child’s plan is intended to meet his/her individual needs. As no child’s needs are exactly the same as any other’s, each child’s plan will be different.

School Action Plus

Your child’s progress will be reviewed regularly It may be that his/her special educational needs continue to cause concern. If so it is likely that, at a meeting when the IEP is reviewed, the SENCO, teacher/s and parents will decide that more support is needed.

The SENCO will ask for advice from outside specialists, such as an educational psychologist and/or teachers from support services. These specialists will look at your child’s records to get a full picture of his/her progress, the strategies already used by the school and targets that have been set and achieved.

Together with the SENCO and teachers the specialist will develop a plan for your child which may include:-

  • Regular advice to teacher/s on working with your child;
  • Teaching support;
  • Equipment and teaching materials;
  • Information technology;
  • Specialist assessment.

The plan for your child will be recorded in a new IEP which will be monitored and reviewed regularly. Your child’s teacher/s will be responsible for making sure the plan is put into action in the classroom.

Reviews

The Special Educational Needs Co-ordinator should normally arrange a review. Parents should always be notified when reviews are to take place. Parents should be asked for their views of their child’s progress and be notified after the meeting of the decisions reached.

The review should, ideally, be held at least termly and should focus on :-

The help given by both school and parents;

Progress made by the child;

Effectiveness of the Individual Education Plan;

Updated information and advice;

Future action.

Beyond School Action Plus

For some children, perhaps your child, the support given by the school at Action Plus will not be enough to help them make progress.

The school will then discuss with you, and with any outside specialists already involved, whether to request that the Education Authority make a statutory assessment of your child.

The Education Authority will need to know that all other alternatives have been tried and that over a period of time your child has made little or no progress.

Parents also have a right to make a direct request to the LEA for a statutory assessment.

Taken from ‘Making Sense’ produced by Lancashire Parent Partnership

 

The Assessment Procedure

 
LEA
 
PARENT

6 weeks

V

The Authority has 6 weeks from informing you that it is considering assessment to a decision whether to make an assessment < You have 29 days to say whether you want your child to be assessed

10 weeks

V

If an assessment is to be carried out, the Authority will try to complete it within 10 weeks. At the end of this period the Authority will decide whether to make a statement < You have 6 weeks to complete the 'Parental Advice' form

2 weeks

V

If it is decided to make a statement the Authority will first issue a proposed statement normally within 2 weeks of the decision    

8 weeks

V

The time between the issue of the proposed statement to the issue of the final copy of the statement will normally be within 8 weeks < You have 15 days to comment and/or ask for a meeting.

Taken from Special Educational Needs and Your Child Book (Produced by ACT May2003)

 

What is a Formal Assessment (Or Statutory Assessment)?

A child may have had various assessments by psychologists or other professionals at school/early years action and school early/years action plus, but this will not be the same as a Formal Assessment.

  • A Formal Assessment or Statutory Assessment means that the LEA will collect advice and opinions from parents/carers and other professionals.
  • The purpose is for the LEA to compile more detailed information about a child's special educational needs and to try to determine if more help is needed than can be provided by the school's own resources.
  • The LEA must follow certain legal time limits.
  • The government advises that parents must be kept fully informed throughout.

Request for an Assessment

The LEA can receive a request via three routes

1. A formal request from a parent/carer

This to take the form of a letter setting out why you think your child needs a assessment.

2. A formal request from a school/early years setting (parents should be consulted)

The educational setting will need to send the LEA written proof that the child's specific needs cannot be effectively met from within their resources. They will need to send :-

  • Any action taken through school action and school action plus.
  • All of the child's IEP's, evaluations and minutes from all review meetings.
  • They should also include details of any standardised tests the child has taken.
  • National curriculum levels and attainments in numeracy/literacy.
  • Any reports from educational psychologists, medical professionals, advisory specialist support teachers.
  • Any involvement by social services or education welfare service.

Request from an early years setting

For children aged 4 and 5 they should provide the LEA with information:

  • About the child's difficulties identified by the early years worker.
  • About the strategies used through early years action and early years action & early years action plus.
  • About any outside advice, which has been sought regarding the child's physical health, communication skills, perceptual and motor skills, self help skills, social skills and emotional and behavioural development.

The LEA will also seek very similar information as listed for school (above) including

  • The views of parents.
  • IEP's.

For some very young children with complex needs the LEA may rely on a single report from the lead professional involved with the child.

NB: Early education settings do not have a statutory right to request an assessment or reassessment for a child of three and under.

3. A referral from a health authority or social services (parents should be consulted)

Under fives with a complex needs, who are not yet attending school are usually referred via this route.

The health authority or social services will need to state clearly reasons why an assessment is necessary and include any supportive evidence.

If a school or other agency has requested an assessment the LEA must write to parents:

  • Informing them that they are considering whether to make a statutory assessment.
  • Explain the procedures to be followed.
  • Provide the name of an LEA officer ('Named Officer') who can give more information.
  • Explain parent's rights within a stated time limit, to agree or disagree with the proposal for an assessment and an option to send in written evidence within 29 days.
  • Explain the local parent partnership services which can give information in where to get independent advice.

Deciding To Assess

  • When the LEA receive a request for a statutory assessment they have SIX weeks upon receipt of the request to decide whether they will carry out such an assessment.
  • The LEA can refuse if the child has been formally assessed within the previous SIX months.
  • In deciding whether to make an assessment the LEA will look at:
    • The school's assessment of the child's difficulties and those of other professionals.
    • The schools action so far
    • The child's academic attainment
    • The child's progress
    • Parental evidence

Decision To Assess

Within six weeks the LEA must write to parents:

  • To inform them of their decision to carry out a Statutory Assessment and their reasons for the decision.
  • Of their right to appeal against this decision to the SEN Tribunal.
  • That their child may be called for an examination of assessment and that, if so , the parents have a right to attend.
  • Of the name of an LEA named officer who can give more information.
  • Of their right to submit further information to the LEA.

Decision Not To Assess

Within six weeks, if the LEA decides not to go ahead with a Statutory assessment they must write to parents:

  • Giving their decision and the reasons for it.
  • They must also inform parents of the availability of dispute resolution services and their right to the SEN Tribunal.
  • If a parent decides to appeal this must be done within TWO months of receiving the LEA's letter..

Assessment Begins

The LEA has 10 weeks in which to carry out the Formal Assessment.

  • The LEA asks for reports from parents, head teacher & teachers, advisory specialist support teachers, medical, psychological, social services staff, and anyone else who knows the child and can contribute useful advice.
  • The COP advises that the LEA should also find out the views of the child. Parents have the right to attend any/all of the examinations held for the purpose of assessments.
  • Parents can also submit any information they wish about their child, including independent assessments. The LEA must copy all such information and give it to the professionals who see the child.

Assessment Completed

The LEA decides within TEN weeks whether or not to issue a statement, and then has TWO weeks in which to send parents full details of its' decision. The maximum time between the LEA starting a Statutory Assessment and notifying [parents of the outcome is TWELVE weeks.

Decision Not To Issue a Statement

  • The LEA must inform the parents in writing of their decision and reasons why. This should be within TWO weeks of completing the Statutory Assessment
  • They must also inform parents about dispute resolution services and of their right of appeal to the SEN Tribunal.
  • The COP advises that the LEA should also consider issuing to parents and the school a 'note in lieu of a statement', setting out the reasons for its decision, the supporting evidence and all the advice received during the assessment.
  • If parents decided to appeal to the SEN Tribunal they must do so within TWO months of receiving the LEA's decision.

Decision To Make A Statement

  • The LEA will send parents a copy of a Proposed Statement (within TWO weeks of completing the Statutory assessment), together with copies of all the reports and advice which the LEA used to reach its decision about the type of provision recommended in the statement for meeting the child's special needs.
  • The statement should be clear, concise and easily understood
  • At this stage the Statement should not specify a school.

The LEA should also inform parents in writing of:

  • Arrangements for parents to express their choice of school.
  • Parent's right to make comments about the content of the statement.
  • Parent's right to request a meeting with an LEA officer to discuss the statement.
  • A List and details of all maintained schools in the area, approved independent & special schools in England & Wales.

The Statement

What is a Statement?

The reason for making a statement is when all the special educational provision required to meet a child's needs cannot reasonably be met by the resources within the child's school. These resources could be money, specialist staff, staff time and equipment.

A statement is a legal document that should provide you with information about your child's special educational needs and what provision is necessary to meet those needs. It will specify the type and name of the school that is considered to be able to meet those needs.

The statement will be based on the recommendations detailed in the reports or 'advice's' that have been collected for the statutory assessment and these will be attached as ' appendices' to the statement.

Format

A Statement of Special Educational Needs is set out in 6 parts

Part 1-Introduction- The child's name and address, date of birth, home language and religion and names and address of parents.

Part 2-Special Educational Needs-This details each and every one of the child's special educationally needs, as identified by the LEA during the assessment.

Part 3-Special Educational Provision-This gives details about the educational provision considered appropriate to meet a child's SEN. It describes:

  • All the special help that the LEA think your child should get to meet the needs listed in part 2
  • The long term objectives to be achieved by that special help.
  • The arrangements for setting short-term targets, regularly reviewing your child's progress towards those targets and how your child's progress is to be monitored.

Part 4-Placement-The type and name of school where the special educational provision is to be made, OR how any arrangements will be made out of school hours OR off school premises. ( In the provisional statement this section will remain blank and is only completed when a final statement is issued.)

Part 5-Non-Educational Needs- This describes any non-educational needs that your child has, as agreed between the LEA and the health services, social services or other agencies; such as school transport.

Part 6-Non Educational Provision- This describes how your child will get the help to meet the non-educational needs described in part 5.

Appendices

These are all reports or advice's that were gathered to make the statement and such include:

  • Parental evidence and advice
  • Educational advice
  • Psychological advice
  • Medical advice
  • Social services advice
  • Any other advice, such as views of the child.

The Proposed Statement

If the LEA decide that extra provision is required they will send you a Proposed Statement, which will also include copies of the reports and advice which they used in reaching their decision.

It is important that you thoroughly read and check that the proposed statement clearly identifies all of your child's SEN's and that these needs are provided for. It is useful to use the professional's reports to see whether all their recommendations have been taken into account. It is important to ensure that if you have any concerns or are seeking changes that they are made at this stage.

When you receive your proposed statement you have 15 days to make comments. You can also request extensions to this time limit if necessary. It is advisable to request a meeting with the SEN officer to discuss your concerns and to negotiate changes. You may also choose to send in written account as to why you are seeking amendments to the proposed statement with the SENCO at your child's school.

Following a meeting with an LEA officer, you may be sent a Revised Proposed Statement. However, if you still have concerns continue negotiating.

Final Statement

When the proposed statement has been agreed a final statement will be issued. This is usually made within 8 weeks of the proposed statement and should have part 4 completed with the name of the school your child will attend. The statement comes into force as soon as the LEA makes it. From that time the LEA must provide your child's school with any extra resources that it needs The school governors have a duty to ensure that your child receives the special educational help as set out in the statement.

If you disagree with the final statement then you have a right of appeal to the SEN Tribunal. You can appeal against:

  • The description of your child's needs (Part 2)
  • The special educational provision in the statement (Part 3)
  • The school named OR if no school is named (Part 4)

 Taken from Special Educational Needs and Your Child Book (Produced by ACT May2003)

 Action for ASD can provide help and information to members during this process in an advisory role. If you require any further information please do not hesitate and call the office on 01282 415455

 

 
 

This website has been established in order to help parents and professionals develop a better understanding of Autistic Spectrum Disorders. It should not be used as a diagnostic tool. If you suspect a child or adult has this disorder you should consult with a doctor or other professional.