The 0 – 25 code of practice introduces a lot of new changes to the way all education settings work with children and young people with special educational needs and disabilities (send) and their families. The main changes are;
- The new system covers children and young people aged 0-25 years
- Education, health and care plans (EHCPs) to replace Statements of SEN
- The new plans will focus on transition planning to support a more successful transition into adulthood
- A single category SEN support in place of School Action and School Action Plus
- The Local Authority must publish a Local Offer which all educational settings, health services and social care services which work with children and young people with SEND must contribute to
- The new Code of Practice includes young offenders with SEND
- Families have the right to request a Personal Budget to buy all or some provision set out in EHCPs
The following educational institutions must have regard to the code of practice;
- The governing bodies of schools, including non-maintained special schools
- The governing bodies of further education colleges and sixth form colleges
- The proprietors of academies (including free schools, university technical colleges and studio schools)
- The management committees of pupil referral units
- Independent school and independent specialist providers approved under Section 41 of the Children and Families Act 2014
- All early years providers in the maintained, private, voluntary and independent sectors that are funded by the local authority
By April 2018, the local authority must transfer all Statements of SEN to Education. Health and Care Plans. We have created new paperwork for Annual Reviews of Statements of SEN, transferring Statements of SEN to EHCPs and Annual Reviews of EHCPS which educational settings must use.
The SEND Code of Practice is statutory for all Early Years providers in the maintained, private, voluntary and independent sector. All providers delivering early years’ education must meet the needs of children with SEN and disabilities. Providers are required to have arrangements in place to identify and support children with SEN or disabilities and to promote equity of opportunity for children in their care. This includes making reasonable adjustments, including the provision of auxiliary aids and services for disabled children, to prevent them being put at a substantial disadvantage. Providers work with parents to identify children’s needs and put appropriate support in place to enable the child to play, learn and achieve.
In Suffolk we expect every pupil to have the opportunity to experience success in learning and to achieve the best of their ability. Educational settings, as well as Children and Young People's services, set high expectations and provide inclusive opportunities for all pupils. In order to meet the needs of vulnerable learners in a timely and effective manner, we are committed to:
- ensuring that all pupils have access to a broad and balanced curriculum;
- providing a differentiated curriculum appropriate to the individual’s needs and abilities;
- ensuring that pupils with SEN take as full a part as possible in all school activities;
- ensuring that parents of pupils with SEN are fully involved in the information sharing of their child’s progress and attainment;
- ensuring that pupils with SEN are involved, where practicable, in decisions affecting their future SEN provision.
We recognise that pupils may have special educational needs at some point during their school life. Whilst many factors contribute to the range of difficulties experienced by these children, much can be done to overcome them by teachers, parents and pupils working together.
Schools should familiarise themselves with and use the new documentation that came into effect from the 1st September 2014.
All schools should note the range of new paperwork which includes a new review process for Statements of SEN as well as Education, Health and Care plans (EHCPs).
The Code of Practice puts statutory duties on post 16 providers. A big implication is that from 1st September 2014 providers, such as Further Education (FE) and sixth form colleges, can be named in an Education, Health and Care Plan (EHCP). This will be done by 31st May 2015 for a September 2015 start. In subsequent years this will be done by 31st March. Post 16 providers will need to consider their current admissions processes to comply with these timescales. Providers can also request an education, health and care needs assessment if a student has significant SEN and the support the student requires is not available through existing funding arrangements.
The new statutory duties for post 16 providers, including approved special post 16 institutions, include the requirement for the following:
- must use their best endeavours to secure the special educational provision that the young person needs;
- have a duty to admit students if the institution is named in an EHCP;
- must co-operate with the LA to identify and meet the needs of young people with SEN;
- must 'have regard to' the SEND Code of Practice.
There are a number of implications which need to be considered. Post 16 providers should:
- work with the LA to carry out Annual Reviews. The LA will work with providers so they are confident with the process in carrying out these reviews;
- co-operate with the LA to identify and meet the needs of young people with SEN. Providers need to share information about future students to ensure appropriate provision can be provided to meet the needs of students;
- engage with young people and involve them, as fully as possible, in designing services and shaping their own provision;
- engage and share more information with schools.
- In addition, Learning Difficulties Assessments (LDAs) for students with the most complex needs are being replaced by EHCPs. This will place statutory duty on providers to deliver the provision specified in the plan. Not all LDAs will be transferred to EHCPs.
Post 16 providers are required to contribute information about their setting to support Suffolk's Local Offer.