Myths and Facts for Schools

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1 Myths and Facts for Schools This document addresses some common misconceptions about the activities schools are required to undertake. It seeks to tackle recurring myths and also includes some new myths on changes happening during the 2013 to 2014 academic year. Curriculum Myth: Schools are banned from using curriculum levels. Fact: As part of our reforms to the national curriculum, the current system of "levels" used to report children's attainment and progress will be removed from September Levels are not being banned, but will not be updated to reflect the new national curriculum and will not be used to report the results of national curriculum tests. Key Stage1 and Key Stage 2 tests taken in the 2014 to 2015 academic year will be against the previous national curriculum, and will continue to use levels for reporting purposes. The new tests for 2016 will be reported using a scaled score at Key Stage 2. Teacher assessment at Key Stage 1 and Key Stage 2 will be reported against new performance descriptors. Schools will be expected to have in place approaches to formative assessment that support pupil attainment and progression. The assessment framework should be built into the school curriculum, so that schools can check what pupils have learned and whether they are on track to meet expectations at the end of the key stage, and so that they can report regularly to parents. Schools will have the flexibility to use approaches that work for their pupils and circumstances, without being constrained by a single national approach. Assessment Myth: Ofsted will have a preferred assessment system against which they will judge schools. Fact: Ofsted does not have any predetermined view as to what specific system schools should use. Inspectors' main interest will be whether the approach adopted by the school is effective in measuring what progress pupils are making and how this relates to their expected progress. 1

2 Special Educational Needs Myth: The Government wants to reduce the number of pupils identified as having special educational needs (SEN) through SEN reforms. Fact: The definition of SEN is not changing. Schools have a legal duty to use their best endeavours to support pupils with SEN. There is no Government target or 'right' number of pupils with SEN. Schools and colleges should ensure that all pupils receive high-quality teaching. Where pupils have SEN that require additional or different support this should be put in place quickly, with a clear set of outcomes Currently, however, some pupils are identified with SEN, but no effective support is put in place to help them achieve. Ofsted has also found that in some schools pupils are identified with SEN as a result of inadequate teaching. Myth: Children who have less serious problems but still need support will lose out under the new system. Fact: There is no change to the definition of SEN, so we would not expect that those children with less serious problems will lose out on support or resources. The reforms to the SEN system are about making sure that every pupil with a barrier to learning has this swiftly and effectively identified and the right support, including external support, put in place. We know this is something that the best schools are already doing. Some schools involved in the Achievement for All programme have reduced the proportions of pupils incorrectly identified as having SEN while improving progress and attainment within the SEN group. They have reported that by focusing on individual pupils ' needs and being clearer about whether a child has SEN, needs additional pastoral support, or is underperforming for another reason helps them to raise achievement across the board. Read more information about Achievement for All. Myth: Removing school action and school action plus categories will mean a reduction in resources for schools and pupils. Fact: Our plans to move to the new system will not reduce the funds for schools to support children with SEN. Education settings will remain under clear duties to support pupils with SEN. Funding is not based on the number of pupils in School Action or School Action Plus. Myth: Schools are no longer getting the funds they need for meeting the costs of supporting pupils with special educational needs (SEN). Fact: There have been some changes to the SEN funding arrangements from April The Department for Education is not reducing the funding for SEN pupils and students, although the changes are redistributing some funding to align decisions with local authorities' commissioning responsibilities for pupils with high level needs. The basic principle for funding pupils and students with the highest needs is that 2

3 schools, colleges and other education providers receive a guaranteed base level of funding from which they are expected to meet some of the costs of the additional support required. Additional top-up funding is then supplied by the local authority. Myth: Getting rid of individual education plans will dispose of valuable protections for children and young people with SEN. Fact: The legal duties on schools remain the same -and the draft new SEND Code of Practice is much clearer on how schools should involve parents in agreeing the support for their child, in setting clear outcomes and in keeping a record of the support provided. Time should be spent with parents working out what pupils need and ensuring that they make progress, not filling out paperwork. The current code is 12 years old. Teaching has progressed enormously in that time and schools now monitor the progress of all pupils much more effectively. The guidance in Chapter 6 of the draft SEN code of practice (early years, schools, colleges and other education and training providers) will embed provision for pupils with SEN into the culture of high expectations and teaching for all children, rather than encouraging schools to set them apart. Myth: With the replacement of school action and school action plus schools will no longer have to record or keep track of how pupils with SEN and without a statement or an education, health and care (EHC) plan, make progress. Fact: Schools will still need to be clear about which pupils need SEN support. This data will be collected through the school census and will be available and used through Raise Online. School action and school action plus will be replaced with a simplified SEN support category. Myth: The SEN reforms are reducing accountability in the system, not strengthening it. Fact: Quite the opposite, in fact. The education, health and care services normally available within a local area will have to be set out in the local offer. Schools and education providers will have to work with local authorities to publish the local offer so that families are clear about the support that is available in their area. Ofsted will also have a central role in holding schools to account for the support that is provided. The new inspection frameworks, introduced in September 2012, place a clear emphasis on meeting the needs of disabled pupils and pupils with SEN and considering the quality of teaching and the progress made by those pupils. Myth: 6,000 is now the threshold for needing a statement (or an education health and care (EHC) plan. Fact: The legal definition of who requires a statement has not changed, nor will it change under the SEN reforms. 3

4 What has changed is that schools are now required to provide any additional support for pupils with SEN that costs up to 6,000 per annum. Schools are funded for this within the budget they receive from their local authority. Beyond this level of cost, local authorities will provide additional resources for individual pupils with SEN, whether or not they have a statement or EHC plan. Myth: The move to the new system will mean that a large number of children and young people will lose the services they've currently got. Fact: The SEN reforms maintain the existing protections in the system, and significantly improve them for year olds. The definition of SEN, the legal duties for providing SEN support in schools and duties around when to make statutory assessments and EHC plans remain as they are now. The key consideration remains identifying and meeting the needs of the individual child or young person, whether or not they have an EHC plan. Those with statements and Learning Difficulty Assessments (LOA) will transfer to the new system over time. The normal expectation is that children and young people with a statement or an LOA will move onto an EHC plan unless, as with reviews under the current system, changes in the individual's circumstances mean a statutory plan is no longer necessary. Any such decision would still be subject to appeal to the First-tier Tribunal. Overall access to services should be improved for all children and young people with SEN and disabilities. The new duties on joint commissioning and the local offer will support joined-up decisions on how to make the best use of resources, make it clear how to get access to services and increase parents' voice in decision-making. Myth: The SEN reforms are removing protections for parents. Fact: This is not the case. The reformed system will retain the strong protections that are currently available to children and young people in schools, and extend them to young people in further education institutions to ensure that they receive more consistent support in making the transition to adulthood. The changes also bring the legal framework up to date with changes to the school system, and apply to all academies as well as other schools. Myth: The SEN reforms will mean more children and young people will go into special schools, reversing the inclusion agenda. Fact: This is simply untrue. The Children and Families Bill does not change existing duties on schools and local authorities about admissions. The new SEN Code of Practice emphasises the importance of inclusion. It reflects the general principle in law that children and young people with SEN should be educated in mainstream settings. There are provisions in the Bill to safeguard the interests of all children and young people and ensure that the preferences of the child's parents or the young person for where they should be educated are met wherever possible. Alongside the general principle of inclusion parents of children with an EHC plan and young people with such a plan have the right to seek a 4

5 place at a special school, special post-16 institution or specialist college. However, the expectation is clear that most children and young people with SEN will be educated in mainstream settings. Myth: The Government is making unfair cuts to services for disabled children and children with SEN. Fact: We have ensured that spending per child is protected in cash terms. However, in the current financial environment, both central and local government continue to face some very difficult choices. While there must be financial restraint, the Government has provided local authorities (LAs) with considerable freedom and flexibility on how they use the resources available to them to meet local need. LAs are best placed to judge local priorities and to make local funding decisions. It is therefore for LAs, in consultation with local people and having regard to the range of statutory responsibilities placed on them, to determine the exact nature of provision in their areas. Myth: The introduction of personal budgets will mean that schools and colleges will lose control of their funds and make parents or young people do the job of specialists. Fact: Parents and young people will always have a choice concerning personal budgets. Their decision about whether to take up a personal budget will be part of the new assessment and planning process. During this process, local authorities (LAs) will be required to provide specific advice, support and information (including from independent providers) on the use of personal budgets. However, even with such support we know that direct payments in particular, will not be for everyone. Some families will prefer notional arrangements where LAs hold and manage the funds for the family: indeed such arrangements may be preferable to secure economies of scale such as when purchasing equipment. That is why we are clear that this is an option for parents. Myth: The expectation that parents, children and young people must be involved in discussions and decisions about every aspect of their SEN, planning outcomes and making provision to meet their outcomes is unrealistic. Fact: Challenging- yes; unrealistic- no. There is a wide body of evidence that shows that policy developed with those using the system leads to more effective outcomes. There is a risk that without clear aims participation becomes just a token gesture. We have been clear about the aims of engaging children, young people and parents and the extent to which they should be consulted. For participation to be meaningful, children, young people and parents need a clear route to influencing policies at every level and decision making at every 5

6 level. Staffing and Workforce Myth: School nurses won't be able to provide schools with the support they need to help them meet the new duty for pupils with medical conditions. Fact: Commissioners of health services, including local authorities and clinical commissioning groups, will continue to ensure there is sufficient service provision to support pupils at schools with medical conditions, including support for the training of school staff. School nurses will have a pivotal role to play in supporting schools, but they will not be the only healthcare professionals available to help schools in supporting their pupils with medical conditions. Other healthcare professionals, such as specialist or community nurses, will often be the most appropriate healthcare professional to provide support. Myth: School staff will be compelled to provide support to pupils with medical conditions without receiving proper training. Fact: The statutory guidance will make clear that governing bodies should ensure that staff have received appropriate training and are competent before they take on any responsibility for supporting pupils with medical conditions. Myth: The Department for Education has not announced the Pupil Premium rates for the 2014 and 2015 financial year. Fact: The Pupil Premium rates for the 2014 and 2015 financial year have been announced. The rates are: Primary schools Secondary schools looked after children Children adopted from care and children who left care under a Special Guardianship or Residence Order Myth: We have no way of knowing whether a new child joining our school has previously attracted the Pupil Premium. Fact: The Department for Education has made a 'Pupil Premium download' available to schools through the Key to Success website which will allow schools to quickly and easily identify the pupils the that the Pupil Premium allocation for 2013 to 2014 was based on. In addition to the download, schools can conduct a quick search to identify whether new pupils that have joined the school have previously attracted the Pupil Premium. Schools will need Unique Pupil Numbers for the search. 6