Special Educational Needs for Qualified and Trainee Teachers

A practical guide to the new changes

Rita Cheminais

• Publisher: Routledge
• Year: 2014
• Print ISBN:
  9781138775602
• eBook ISBN:
  9781317565154
• Topic: Education
• Subtopic: Education General

This completely revised and updated edition, previously published as Special Educational Needs for NQTs and TAs, addresses the latest Teachers' Standards, and their application in meeting the most recent developments and changes in the special educational needs system and the new SEN Code of Practice.

Essential reading and an invaluable guide for all qualified, newly qualified and trainee teachers, this highly practical text relates to those accessing SEN training via teaching school alliances, as well as Higher Education.

Full of tips and strategies on how to meet the needs of a diversity of children and young people with special educational needs, in a range of educational settings, chapters cover:

• the latest Teachers' Standards aligned to the most recent SEND changes
• the revised SEN Code of Practice, the Children and Families Act, and the Equality Act and its related Duties
• teaching schools, specialist leaders of education in SEN, and new training models for building teacher capacity in SEN
• how to meet the latest OFSTED inspection requirements for SEND
• what works best in the effective teaching of pupils with SEN and those eligible for the pupil premium

Featuring useful checklists, templates and photocopiable, downloadable resources to support professional development in SEN, this practical resource contains a wealth of valuable advice, in addition to signposting to further information.

This no-nonsense, down-to-earth authoritative text will provide essential reading for all experienced qualified, newly qualified and trainee teachers, as well as to those delivering SEND training in Higher Education, local authorities, and in teaching schools and their alliances.

CHAPTER 1 Working within the law and frameworks for SEND

DOI: 10.4324/9781315735832-2

This chapter covers:

• Demystifying the terminology
• Legislation and developments in SEND from 2010 to 2014
• The Children and Families Act 2014, Part 3
• The draft 2014 SEND Code of Practice (0 to 25)
• The Equality Act 2010 and its related Duties
• Ofsted inspections and SEND
• Teachers’ professional development for SEND
• The concept, use and impact of the pupil premium

Demystifying the terminology

The definition of SEND

A child or young person has SEND if he or she has a learning difficulty or disability that calls for special educational provision to be made for him or her. A child of compulsory school age or a young person has a learning difficulty or disability if he or she:

1. has a significantly greater difficulty in learning than the majority of others of the same age; or
2. has a disability which prevents or hinders him or her from making use of educational facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions.

(DfE 2014g: 4 xi–xii)

Special educational provision is educational or training provision that is additional to or different from that made generally for others of the same age. This means provision that goes beyond the differentiated approaches and learning arrangements normally provided as part of high-quality, personalised teaching. It may take the form of additional support from within the setting or require the involvement of specialist staff or support services.

The definition of disability

A child has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities (i.e. lasts for twelve months or more). The disability prevents or hinders the child or young person from making use of educational facilities of a kind generally provided for others of the same age.

Examples of disabilities

Disability covers a wide range of impairments. Teachers need to be aware of the diversity of pupils, who, under the Equality Act 2010, are considered to have a disability. These include:

• sensory impairments (e.g. visual impairment (VI), hearing impairment (HI) and multi-sensory impairment (MSI));
• physical impairments or illnesses that affect mobility, dexterity or control of movement (e.g. arthritis, multiple sclerosis, stroke);
• developmental conditions (e.g. dyslexia, dyspraxia, autistic spectrum);
• progressive diseases (e.g. motor neurone disease, muscular dystrophy, dementia, lupus);
• illnesses with impairments with fluctuating or recurring effects (e.g. myalgic encephalitis (ME), chronic fatigue syndrome (CFS), epilepsy, diabetes);
• mental health conditions and mental illnesses (e.g. depression, eating disorders, obsessive compulsive disorder (OCD), schizophrenia, bipolar affective disorders, self-harm);
• HIV infection;
• cancer;
• facial disfigurements.

Legislation and developments in SEND from 2010 to 2014

Since the coalition government came into power in May 2010, the review of the existing 2001 SEND system and its accompanying legislation has moved at a considerable pace. The Children and Families Act 2014, Part 3, with its SEND Regulations, and the draft 2014 SEND Code of Practice (0 to 25) have brought about the most radical reforms to SEND since the introduction of the statement of SEN in 1981. Figure 1.1 provides an overview of the developments in SEND from 2010 to 2014.

The Children and Families Act 2014, Part 3

The Children and Families Bill gained Royal Assent on 13 March 2014 to become the Children and Families Act, effective from 1 September 2014. Part 3 of the Act relates to SEND.

In summary, the Children and Families Act 2014, Part 3 has brought about the following changes:

Equality Act 2010

The Act replaced previous Acts and regulations related to race, disability and gender equality and discrimination to provide one comprehensive law covering all types of discrimination. The Duties in Chapter 1 of Part 6 of the Act apply to schools and other education settings.

The Act places two important duties on schools:

1. General Public Sector Equality Duty (PSED) – eliminate unlawful discrimination, harassment and victimisation; advance equality of opportunity; foster good relations.
2. Specific Duties – publish information to show compliance with the General Duty; prepare and publish specific and measurable equality objectives every four years.

Progression 2010–11: Advice on Improving Data to Raise Attainment and Maximise the Progress of Learners with Special Educational Needs (DfE)

The DfE updated the previous 2009 version of this guidance to include revised data sets.

Special Educational Needs and Disability Review: A Statement Is Not Enough (Ofsted)

This focused on three aspects: assessment and identification; access to and quality of provision; evaluation and accountability. The review evaluated how well the SEND legislative framework was serving children and young people with SEND, from early years up to the age of 19. The findings from this review helped to inform the coalition government’s subsequent 2014 SEND reforms.

Support and Aspiration: A New Approach to Special Educational Needs and Disability (DfE)

This SEND Green Paper was published in March 2011. It set out the coalition government’s vision for a new SEND system and recommended the following improvements:

• – identification of SEND early with support put in place quickly;
• – staff to know and understand SEND and have the skills to meet the needs of pupils with SEND;
• – raise aspirations through an increased focus on outcomes for pupils with SEND;
• – parents better informed about what local schools, colleges, the LA and local services provide for pupils with SEND;
• – parents to have more of a say over the services being used;
• – Education, Health and Care (EHC) plan and an integrated assessment process for those children and young people aged 0–25 with more complex needs.

SEND pathfinders (DfE, October 2011)

The DfE established 20 SEND pathfinder trials, covering 31 LAs, to test the proposals in the 2011 SEND Green Paper. Six aspects explored further by the SEND pathfinders included: introduction of a new single 0–25 coordinated assessment process and EHC planning; the local offer; personal budgets; joint commissioning; engagement and participation of pupils with SEND and their parents and carers; preparing for adulthood. The lessons learned from the SEND pathfinders helped to inform and support the implementation of the SEND reforms.

Support and Aspiration: A New Approach to Special Educational Needs and Disability – Progress and Next Steps (DfE, May 2012)

The coalition government’s plan for action set out the next stages in developing new SEND legislation. In brief:

• – streamlined, quicker single assessment process, involving pupils with SEND and their families more;
• – EHC plan to replace SEND statements, focused on outcomes, bringing services together;
• – personal budgets for those with an EHC plan;
• – LAs and health services joint planning and commissioning, to meet the needs of pupils with SEND and their families;
• – LAs to publish their local offer;
• – mediation to resolve disputes and a tribunal system introduced, giving pupils with SEND the right to appeal if they are unhappy with their support and provision.

Draft Legislation on the Reform of Provision for Children and Young People with Special Educational Needs (DfE, September 2012)

This outlined the draft legislation required to put the DfE’s SEND proposals into practice.

The document was in two parts:

Part 1 – clarified the legislation and duties for identifying SEND, assessing needs and making SEND provision.

Part 2 – explanatory notes prepared by the DfE to be read in conjunction with the draft legislation.

The Framework for School Inspection (Ofsted, September 2012)

The revised inspection schedule focused on four key areas:

1. the quality of leadership and management;
2. the behaviour and safety of pupils;
3. the quality of teaching;
4. the achievement of pupils.

Inspections also consider:

• – the extent to which the education provided by the school meets the needs of pupils who have a disability for the purposes of the Equality Act 2010, and who have SEND;
• – spiritual, moral, social and cultural (SMSC) development of pupils at the school.

A revised School Inspection Handbook was published by Ofsted to support the inspection framework, along with Subsidiary Guidance for supporting inspectors undertaking Section 5 school inspections. This included guidance on the achievement of pupils with SEND; the behav...

Table of contents

• Cover Page
• Half-Title Page
• Title Page
• Copyright Page
• Table of Contents
• List of figures
• List of tables
• Acknowledgements
• List of Abbreviations
• Introduction
• 1 Working within the law and frameworks for SEND
• 2 Promoting good progress and outcomes for pupils with SEND
• 3 Adapting teaching to respond to the strengths and needs of pupils with SEND
• 4 Making accurate and productive use of assessment
• 5 Effective behaviour management to ensure a good and safe learning environment
• 6 Fulfilling wider professional development responsibilities
• Glossary
• References and further reading
• Index