NASUWT. Briefing for teachers on the special educational needs and disability (SEND) reforms. The Teachers Union. Teachers

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1 The Teachers Uio Briefig for teachers o the special educatioal eeds ad disability (SEND) reforms Teachers Itroductio Special educatioal eeds ad disability (SEND) reforms were itroduced i I order to support effective implemetatio, the reforms are beig phased i over time. The reforms will eed to be fully implemeted by 31 March The SEND reforms: place the child, youg perso ad their family at the heart of decisio makig schools, local authorities ad other providers must liste to ad take accout of the views of childre, youg people ad their families whe plaig services ad determiig what support should be provided; replace the statemet of special educatioal eeds (SEN) ad the Learig Disability Assessmet with a educatio, health ad care (EHC) pla which covers the age rage 0-25; itroduce a sigle category of SEN for those who do ot have a EHC pla; set a clear expectatio that most pupils with SEND will be taught i maistream classrooms ad that every teacher is a teacher of SEND; give parets ad youg people the right to request a persoal budget for the additioal support that a child, youg perso or family will eed; require local authorities to publish a local offer settig out what support is available; require schools to publish o their website a SEN iformatio report settig out how they support pupils with SEN; ad require EHC providers to joitly commissio provisio to meet the eeds of childre ad youg people with SEND. The reforms are set out i the Special Educatioal Needs ad Disability (SEND) Code of Practice. The Code provides statutory guidace o what local authorities, health ad social care services, schools, colleges ad other educatio ad traiig providers, ad idividual staff workig i those settigs, (a) must do ad (b) should do to implemet the reforms. This briefig summarises what teachers must ad should do. It also draws attetio to issues that have arise durig the implemetatio phase of the reforms ad outlies the NASUWT s mai cocers. The briefig explais what support teachers should expect ad how the NASUWT ca help. October 2016

2 The Teachers Uio What teachers must do Teachers are both resposible ad accoutable for the progress ad developmet of all pupils i their class, icludig those pupils who access support from teachig assistats or specialist staff. Where support staff work with pupils with SEN, the teacher has overall resposibility for those pupils ad must esure that they make appropriate progress. What teachers should do The Code of Practice says that every teacher is a teacher of SEN. It says that class ad subject teachers, supported by the seior leadership team, should make regular assessmets of progress for all pupils. Where cocers are idetified, teachers should work with the special educatioal eeds co-ordiator (SENCO) to assess whether the child has SEN. Teachers should set clear progress targets for all pupils with SEN that focus o their potetial to achieve at or above expectatio. Schools must egage parets ad youg people i decisios about matters that relate to their ow or their child s SEN, icludig how those eeds should be met. Class teachers, i cosultatio with the SENCO, may be asked to hold regular meetigs with parets to discuss their child s progress towards agreed outcomes. Implemetatio of the reforms SEND area ispectios Ofsted ad the Care Quality Commissio (CQC) are udertakig ispectios to judge how well differet local authority areas are implemetig the SEND reforms. Over a five-year period (from 2016 to 2020), ispectors will ispect every local authority area ad visit a rage of EHC providers i that area, icludig schools ad colleges. Areas will oly be ispected oce. Ispectors will cosider how well the area as a whole is implemetig the SEND reforms. They will ot judge the performace of idividual istitutios. Followig the ispectio, ispectors will prepare a ispectio letter which outlies the stregths of provisio ad areas for developmet. Ispectors expectatios of what is strog ad what are areas for developmet will deped o whe, durig the five-year period, a area is ispected. Iformatio from area ispectios may feed ito other ispectios of schools, colleges ad other provisio. The support that teachers should expect The Code of Practice says that the quality of teachig for pupils with SEN, ad the progress made by pupils, should be a core part of the school s performace maagemet arragemets ad its approach to professioal developmet for all teachig ad support staff. 1 This meas that performace maagemet should address teachers SEN-related traiig ad developmet eeds. Teachers should have time withi the workig day to udertake traiig ad CPD. They should also have sufficiet time to pla ad prepare lessos for all pupils, icludig those pupils with SEN who may eed additioal or differet support. Teachers should have time to liaise with the support staff that work with particular pupils with SEN. This icludes time to pla, prepare ad assess the effectiveess ad impact of the support provided. Teachers should expect the SENCO to provide specialist advice ad guidace o SEN-related matters, icludig the support that particular pupils with SEN will eed. 1 SEND Code of Practice, page

3 The Teachers Uio The school should provide teachers with iformatio about how it meets the eeds of pupils ad the provisio to meet the eeds of differet groups of pupils, icludig those with SEN. This should iclude iformatio about how additioal provisio ca be accessed. The NASUWT s mai cocers about the SEND reforms Equality ad iclusio The NASUWT has evidece which supports the area-ispectio fidig that some schools discourage parets of pupils with SEN or disabilities from applyig for admissio to the school. As a result, teachers ad school leaders i iclusive schools report that their schools take a disproportioate umber of pupils with SEN ad disabilities. Childre ad youg people without a EHC pla have o statutory etitlemet to support. There is a risk that these pupils will ot receive the support that they eed, particularly if limited fuds are allocated to meet the eeds of those with a EHC pla. Fudig The fudig formula for pupils with SEN i maistream schools meas that schools are expected to cotribute the first 6,000 of cost for additioal support for a high-eeds pupil before they ca access exteral fudig. Schools have faced substatial cuts to their budgets over the past six years. This, combied with a growth i the pupil populatio, icludig the umber of pupils with complex eeds, meas that schools are fidig it icreasigly difficult to support all pupils with SEN. Some health services are askig schools to pay for a member of health service staff to atted meetigs, icludig iitial assessmet meetigs. Maistreamig SEN Some areas are issuig fewer EHC plas tha Statemets of SEN ad Learig ad Disability Assessmets. This appears to be a particular issue at poits of trasitio, most otably post-16. The actios appear to be part of a cost-cuttig exercise, rather tha the result of icreased resourcig of specialist support withi schools. The Govermet expects more childre ad youg people with SEN to be educated i maistream schools. This is placig substatial ad additioal demads o class ad subject teachers. Workforce developmet Evaluatios of the SEND pathfiders ad fidigs from area ispectios highlight workforce developmet as a key area of cocer. Teachers have may demads o their time which make it difficult for them to udertake SEN-related CPD. Some class ad subject teachers report that they are ot give time withi the workig day to udertake traiig. Further, they may be asked to fud their ow traiig ad developmet. Some school leaders fail to provide strategic directio, or offer classroom ad subject teachers the support that they eed i order to meet the eeds of pupils with SEN. Performace maagemet Performace maagemet ofte focuses o teachers meetig arrowly defied targets, rather tha o their developmet ad support eeds. Further, some school leaders are settig urealistic or iappropriate expectatios o pupil outcomes to judge teachers performace. 3

4 The Teachers Uio Workload Cuts to school budgets have resulted i support staff posts beig cut i may schools. This is puttig classroom ad subject teachers uder pressure ad icreasig their workload. I some areas, school staff have bee asked to write EHC plas because of cocers about the quality of EHC plas beig produced by the local authority. Schools are reportig delays i arragig appoitmets ad accessig services. This adds to the pressures ad workloads of school staff who must chase up requests for meetigs ad provisio, ad must do their best to meet a child s eeds where agreed support is ot beig provided. Duplicatio of procedures is a problem i some areas. Some local authorities are requirig schools to produce uecessary iformatio; for example, a school offer that mirrors the local offer. The key worker The key worker plays a vital role i brigig services together ad eablig services to share iformatio. There is evidece that school-based staff are beig expected to take o the role of key worker. The role is very time cosumig ad diverts resources away from pupils i the school. Cooperatio ad joit commissioig The evaluatio of SEND pathfiders ad evidece from area ispectios highlight problems aroud joit commissioig ad cooperatio across services, particularly regardig the ivolvemet of health services. Some health services are askig schools to pay for health service staff to atted meetigs, icludig iitial-assessmet meetigs. Differeces i orgaisatio priorities ad cultures ca lead to difficulties ad delays i arragig meetigs, agreeig actios ad securig appropriate support. Paretal egagemet ad ivolvemet Actively ad effectively egagig youg people ad parets i decisios about eeds ad provisio takes time ad resources. Class teachers may be asked to cotact ad meet parets of childre with SEN, ad schools struggle to meet the demads of actively ivolvig parets i decisio-makig. Parets ad the school may disagree about the support that a child eeds. I some istaces, what a paret wats may ot be i the best educatioal iterests of their child. School accoutability The school accoutability system is high stakes ad puitive ad focuses o a very arrow rage of performace measures. This meas that the system may fail to recogise the achievemets that a school has made; for example, i respect of a child s persoal, social ad emotioal developmet. Schools that are judged to be uderperformig may struggle to recruit ad retai teachers. Pupil outcomes ad progress The uderlyig causes of uderperformace are ofte complex. A school may require cosiderable support i order to make the ecessary improvemets. Public sector cuts mea that a school may ot be able to secure the services eeded to support the eeds of pupils with SEN. 4

5 The Teachers Uio Idetifyig SEN i maistream schools Some schools are experiecig sigificat difficulties ad delays i accessig support to udertake iitial assessmets of pupils with SEN who may require a EHC pla. May class ad subject teachers have ot received the ecessary traiig to eable them to idetify a particular child s eeds. It is urealistic to expect class ad subject teachers to have the specialist kowledge ad expertise to idetify the vast rage of SEN ad disabilities. Effective idetificatio depeds o class ad subject teachers havig the time ad support from both withi ad outside the school to discuss ad reflect o ay cocers that they may have about particular pupils eeds. Multi-academy trusts Academies must cooperate with the local authority i which the school is located. However, some multi-academy trusts operate across a umber of local authority areas ad have established their ow approach to meetig the eeds of pupils with SEN. Teachers may come uder pressure from both the academy trust ad their local authority, where policies coflict. NASUWT advice ad support Schools should comply with the NASUWT s actio short of strike actio istructios. These ca be foud o the NASUWT website: Schools should also comply with the Equality Act 2010, icludig the public sector equality duty (PSED). The NASUWT produces a rage of advice ad guidace for teachers o equality matters, ad the guidace o SEND icludes specific iformatio about equalities legislatio ad the PSED. Teachers should cotact the NASUWT for advice if problems arise i their school. The NASUWT would like to collect evidece about the sorts of problems that teachers, SENCOs ad school leaders are ecouterig. The Uio will use this iformatio to idetify key issues ad cocers, ad to egotiate chages to policies ad practice atioally, icludig with Miisters, ad locally, icludig i idividual schools ad academy trusts. Teachers should the NASUWT with brief iformatio about ay problems. Further iformatio NASUWT (September 2015), Special Educatioal Needs ad Disability advice for teachers. 5

6 talk to us Tel: Website: NASUWT The Teachers Uio b Eglad

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