An Introduction to the New SEND Code of Practice

SNAP Training DayWednesday 14th May 2014

Session 1

SEND The Changing Landscape for Schools

Current Statistics• 2.8% of pupils across all schools have a statement

o 53% Mainstreamo 39.6% Maintained Special Schoolo 4.9% Independent Schoolo 1.8% Non – Maintained Special Schoolo 0.7% Pupil Referral Units

• 16.0% of pupils identified as having SEN (School Action and School Action Plus) with no statement

DfE First Release – National Statistics January 2013

Complex needs• Co-existing, Overlapping, Co-morbidity, Co-occurring

• Neuro-developmental disorders, chromosomal disorders, poverty, environmental, mental health, alcohol, drugs and smoking, premature birth, modern medical science etc

• Schools and a school workforce to meet the needs of 21st

Century child

Where are we now?• February 2013 – Children and Families Bill introduced in

House of Commons• October 2013 Draft Code of Practice and Regulations• March 2014 – Children and Families Act 2014• Regulations to follow• April 2014 – Revised Draft Code of Practice • May 6th – Consultation closed for CoP• September 2014 – Implementation of Act• September 2014 – Transitional arrangements

Children and Families ActGained Royal Assent on 13th March 2014 Part 1 Adoption and contactPart 2 Family JusticePart 3 Children and young people in England with Special Educational Needs or DisabilitiesPart 4 ChildcarePart 5 Welfare of childrenPart 6 The Children’s CommissionerPart 7 Statutory right to leave and payPart 8 Time off workPart 9 Request for flexible workingPart 10 General provisions

Children and Families Act – Part 3• Legal definition of special educational needs remains the same but entitlement

extended to “young people over compulsory school age but under 25”• Local authorities and clinical commissioning groups must make arrangements for jointly

commissioning services for children with SEN in their area• Local authorities must produce their ‘local offer’ of available education, health and care

services• Education, Health and Care Plans (0 – 25) replace statements of SEN - Section 139A

assessment (Learning Difficulty Assessments) cease to apply and is replaced by a re-assessment /annual review of the EHC Plan

• All of the provisions of the Act will apply to all schools including Academies and Free Schools

• Schools must still have an SEN Co-ordinator• Right to a mainstream education remains the same• Local authorities must prepare personal budget in relation to an EHC plan where a

request has been made by the parent or young person• Option for a parent or young person to participate in mediation before they can appeal

to the Tribunal• There will be a revised Code of Practice – Additional SEN Support replace School Action

and School Action +

Associated Documents• The Special Educational Needs (Personal Budgets and Direct

Payments) Regulations 2014

• The Special Educational Needs and Disability Regulations 2014

• The order setting out transitional arrangements, Section 137

Transitional ArrangementsOn the 8th April Edward Timpson wrote to schools, colleges, local authorities and parents with information about implementation• 1st September 14 - No new assessments for statements • September 2014 – Local Offer must be published• Spring 2015 – All SA and SA+ children transferred to SEN

Support (census data – January)• September 14 – September 16 – All LDAs must be transferred

to EHC plans• September 14 – April 18 – All statements must be transferred

to EHC plans

Pathfinders Update• 2013/14 - 9 Pathfinder champions to support non-pathfinder

areas • March 2014 - The SEND pathfinder programme evaluation• 2014/15 – 11 Pathfinder champions• SEND Pathfinder Information packs – updated April 2014

o http://www.sendpathfinder.co.uk/infopacks/

• £70m SEN Reform Grant to support local authorities implement reforms

• £30m for Independent Supporters

Children with medical conditions• Statutory guidance issued 30th April new duty from 1st

September• Training!• Key points

o Pupils at school with medical conditions should be properly supported so that they have full access to education, including school trips and physical education

o Governing bodies must ensure that arrangements are in place in schools to support pupils at school with medical conditions

o Governing bodies should ensure that school leaders consult health and social care professionals, pupils and parents to ensure the needs of children with medical conditions are effectively supported

Don’t Forget.....• Early Years & KS1• National Curriculum Reform

o Changes to assessmento Phonics Check

• Examination Reform - 16 and beyond• Funding Reform • Pupil Premium• Ofsted Inspection Framework

Early Years & KS1• EYFS Profile no longer compulsory after September 2016• Training for Early Years Teachers and Early Years Educators • September 2013 - 15 hours of Early Years Provision – disadvantaged

2 year olds – 130,000 September 2014• New SEN Legislation to include Early Years Provision • Ofsted framework for Early Years Providers in line with school

inspection• Baseline assessment for 5 year olds?• Free School Meals for KS1• Phonics Check

National Curriculum Reform• The new National Curriculum will be taught in all schools from September

2014.• It will cover Key Stage 1, 2 and 3• ICT will be replaced with computing, which will put more emphasis on

practical programming skills.• Foreign language will be compulsory at Key Stage 2• The new National Curriculum is more content based than the previous

programmes of study and will have:o Less skill-based detail in the curriculumo No guidance for teachers on how to structure and plan the curriculumo No levels to describe attainment targets

• New tests for end of KS2 will be available from 2016

Assessment• Two – year-check undertaken in early years settings• Short reception baseline • Phonics check near the end of year 1• Teacher assessment at end of KS1 – mathematics, reading and

writing (GP&S test) informed by scores in externally-set, internally marked tests – teacher assessment speaking and listening and science

• National tests at end of KS2 – mathematics, reading, GP&S plus teacher assessment of mathematics, reading, writing and science

National Curriculum & SEN• All pupils should have access to a broad and balanced

curriculum that meets the needs, aptitudes and interest of pupils – Ofsted and Code of Practice

• All teachers should set high expectations for every pupil, whatever their prior attainment - Code of Practice

• P –scales retained for those not able to access the relevant end of key stage tests

• Curriculum – promotes the ‘love for learning’; contributes very positively to academic achievement, physical well-being and Spiritual, Moral, Social and Cultural development - Ofsted

Examination Reform• GCSE – Retake English and mathematics or equivalent

qualification

• September 2016 - New GCSE – test at end of two years –“Progress 8” – academic core

• Raising the Participation Age – all young people in Education, employment and training up to 18

Funding ReformIn April 2013 the government made changes to the way that funding is provided to schools. The funding changes do not change the legal responsibilities of schools and local authorities for children with special educational needs (SEN)

• Element 1: an amount of money for each pupil in the school• Element 2: the school’s notional SEN budget• Element 3: top-up funding

Pupil Premium• Eligible for free school meals in last 6 years plus children in

care of local authority for more than six months• April 2014 - £1,300 (Primary) £935 (Secondary)• £1900 for LAC children (included adopted and fostered)• Children of Parents in Armed forces - £300 • £100m spent on Summer Schools 2012 & 2013• Further funding available for summer schools 2014• Year 7 – Catch-up funding - £500 per pupil• Pupil Premium Awards 2015

Ofsted Inspection• Inspectors are required to report on the quality of education provided in

the school and must, in particular, cover:o the achievement of pupils at the schoolo the quality of teaching in the school o the behaviour and safety of pupils at the school o the quality of leadership in, and management of, the school.

• Schools can only be outstanding if quality of teaching is outstanding –Ofsted have no preferred teaching style

• Very focused on pupil progress based on age and stage as a starting point• Closing the gap for disadvantaged pupils, especially those in receipt of

pupil premium• Changes in the inspection of behaviour and safety

Professional Development• Whole School Training – Sharing good practice and expertise

o Audit of skills internallyo Audit of needo Planned CPD opportunitieso Reflecting on practice

• Department/Phase/Key Stage• Individual

o National Scholarshipso SENCO Awardo Specialist Leaders of Education

• Wider School Workforce• Governing Body• Parents• External Support

Session 2

The New SEND Code of Practice

SEND Code of Practice• Revised draft – April 2014• 242 pages • 11 chapters plus Introduction• Statutory Guidance on duties, policies and procedures relating

to Part 3 of Children and Families Act• The Special Educational Needs and Disability Regulations 2014(to follow)

Changes since the 2001 CoP• The Code of Practice (2014) covers the 0-25 age range and includes

guidance relating to disabled children and young people as well as those with SEN

• There is a clearer focus on the participation of children and young people and parents in decision-making at individual and strategic levels

• There is a stronger focus on high aspirations and on improving outcomes for children and young people

• It includes guidance on the joint planning and commissioning of services to ensure close co-operation between education, health services and social care

• It includes guidance on publishing a Local Offer of support for children and young people with SEN and disabilities

• Social, mental and emotional health replaces behaviour, social and emotional as an area of need

Changes since the 2001 CoP• There is new guidance for education and training settings on taking a

graduated approach to identifying and supporting pupils and students with SEN (to replace School Action and School Action Plus) - Quality first teaching embedded throughout

• SEN provision is that which goes beyond the differentiated approaches and learning arrangements normally provided as part of high quality personalised teaching uses appropriate evidence – based interventions

• SEN support in schools based on 4 types of action – plan, assess, do, review• For children and young people with more complex needs a co-ordinated

assessment process and the new 0-25 Education, Health and Care Plan (EHC plan) replace statements and Learning Difficulty Assessments (LDAs)

• There is greater focus on support that enables those with SEN to succeed in their education and make a successful transition to adulthood

• Information is provided on relevant duties under the Equality Act 2010• Information is provided on relevant provisions of the Mental Capacity Act

2005

Chapter 6 - Schools• Every school is required to meet the SEN of the children and

young people that they support• They must use their best endeavours to ensure that the

necessary provision is made for any individual who has SEN and ensure that all children and young people engage in activities alongside their peers

• They must also designate a teacher to be the SENCO and inform parents when they are making special educational provision

Chapter 6 - Schools• The quality of teaching for pupils with SEN, and the progress

made by pupils, should be a core part of the school’s performance management arrangements and its approach to professional development for all teaching and support staff

• 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

Chapter 6 - Schools• The four areas of special educational needs are -

Communication and interaction, Cognition and learning, Social, emotional and mental health difficulties and Sensory and/or physical

• Teachers are responsible and accountable for the progress and development of the pupils in their class, including where pupils access support from teaching assistants or specialist staff

• High quality teaching, differentiated for individual pupils, is the first step in responding to pupils who have or may have SEN. Additional intervention and support cannot compensate for a lack of good quality teaching

Chapter 6 - Schools• The identification of SEN should be built into the overall

approach to monitoring the progress and development of all pupils

• Class and subject teachers, supported by the senior leadership team, should make regular assessments of progress for all pupils. Where pupils are falling behind or making inadequate progress given their age and starting point they should be given extra support

• Once a potential special educational need is identified, schools should take action to remove barriers to learning and put effective special educational provision in place, This SEN Support should take the form of a four-part cycle – assess, plan, do, review This is known as the graduated approach

Chapter 6 - Schools• Where a child continues to make little or no progress, despite

well-founded support that is matched to the child’s area of need, the school should consider involving specialists, including those from outside agencies

• Where a pupil is receiving SEN support, schools should meet parents termly to set clear outcomes and review progress towards them, discuss the activities and support that will help achieve them, and identify the responsibilities of the parent, the pupil and the school

Chapter 6 - Schools• It is for schools to determine their own approach to record

keeping. But the provision made for pupils with SEN should be accurately recorded and kept up to date. Ofsted will expect to see evidence of pupil progress, a focus on outcomes and a rigorous approach to the monitoring and evaluation of any SEN support provided

• All schools must publish information on their websites about the implementation of the governing body’s or the proprietor’s policy for pupils with SEN. This information must be updated annually and any changes to the information occurring during the year must be updated as soon as possible

Chapter 6 - Schools• Governing Bodies and proprietors must ensure that there is

a qualified teacher designated as SENCO for the school• The SENCO has an important role to play with the head

teacher and governing body, in determining the strategic development of SEN policy and provision in the school.

• The school should ensure that the SENCO has sufficient time and resources to carry out their role. This should include providing the SENCO with sufficient administrative support and time away from teaching to enable them to fulfil their responsibilities in a similar way to other important strategic roles within a school.

Funding for SEN Support• All mainstream schools are provided with resources that they can

use to support those with additional needs, including children and young people with SEN and disabilities.

• Schools have an amount identified within their overall budget, called the notional SEN budget. This is not a ring-fenced amount, and it is for the school to provide, high quality appropriate support from the whole of its budget.

• Schools, as part of their normal budget planning should determine their approach to using their resources to support the progress of pupils with SEN.

• Schools are not expected to meet the costs of the more expensive support from their core funding. They are expected to provide additional support which costs up to a nationally prescribed threshold per pupil/student per year.

Special Schools• Special schools (in the maintained, academy, non-maintained

and independent sectors), special post 16 institutions and specialist colleges all have an important role in providing for C&YP with SEN

• Developing and working collaboratively with mainstream and special settings to develop and share expertise and approaches

• C&YP with SEN have different needs and can be educated effectively in a range of settings

• Alternative provision should provide education on a par with that of mainstream provision, including support to meet the needs of C&YP with SEN

Special SchoolsChildren and young people without an EHC Plan can be placed in Special Schools and specialist post 16 institutions:

• Where they are admitted to be assessed for an EHC plan • Where they are admitted due to a change in their

circumstances• Where they are in hospital and admitted to a hospital school• Where they are admitted to a Special academy where

admittance criteria allow for this

Local OfferLocal authorities must publish a local offer, setting out in one place information about provision the expect to be available for C&YP in their area who have SEN or are disabled, including those who do not have EHC plans.• Local offer will set out clearly what support is available from

different services – will this include the services available in special schools?

• Difference in Local Offer from one authority to another• The process to get from Single category to Statutory

assessment• The Local Offer should be collaborative, accessible,

comprehensive and transparent

School Offer• Schools have additional duties under the SEND Regulations

2014. Schools must publish more detailed information about their arrangements for identifying, assessing and making provision for pupils with SEN

• The governing bodies (or equivalent) must publish information on their websites about the implementation of their policy for pupils with SEN

• Information updated annually and any changes updated as soon as possible

SEND Information must include:• the kinds of special educational needs that are provided for • policies for identifying children and young people with SEN

and assessing their needs, including the name and contact details of the SENCO (mainstream schools)

• arrangements for consulting parents of children with SEN and involving them in their child’s education

• arrangements for consulting young people with SEN and involving them in their education

• arrangements for assessing and reviewing children and young people’s progress towards outcomes, including the opportunities available to work with parents and young people as part of this assessment and review

SEND Information must include• arrangements for supporting children and young people in

moving between phases of education and in preparing for adulthood. As young people prepare for adulthood outcomes should reflect their ambitions, which could include higher education, employment, independent living and participation in society

• the approach to teaching children and young people with SEN• how adaptations are made to the curriculum and the learning

environment of children and young people with SEN• the expertise and training of staff to support children and

young people with SEN, including how specialist expertise will be secured

SEND Information must include:• evaluating the effectiveness of the provision made for

children and young people with SEN• how children and young people with SEN are enabled to

engage in activities available with children and young people in the school who do not have SEN

• support for improving emotional and social development. This should include extra pastoral support arrangements for listening to the views of children and young people with SEN and measures to prevent bullying

• how the school involves other bodies, including health and social care bodies, local authority support services and voluntary sector organisations, in meeting children and young people’s SEN and supporting their families

Education, Health and Care Plans• Each local authority may have a different format• Outcomes focused – evidenced based• Set out how services will work together to meet the C&YP

needs• Based on co-ordinated assessment and planning process –

child or young person at centre of decision making• Describe positively what child or young person can do and has

achieved• Indicate how education, health and care provision will be

integrated • Forward looking

Key message…..Every teacher is responsible and

accountable for all pupils in their class wherever or with

whoever the pupils are working

Session 3

The Implementation of the SEND Code Of Practice in Schools

SEND – Whole school issue6.2 Every school is required to meet the SEN of the children or young people that they support. Mainstream schools must:

o Use their best endeavours to make sure that a child with SEN gets the support they need

o Ensure that children and young people with SEN engage in the activities of the school alongside pupils who do not have SEN

o Designate a teacher to be responsible for co-ordinating SEN provisiono Inform parents when they are making special educational provision for a childo Prepare a report on the implementation of their SEN policy and their arrangements

for:• the admission of disabled children• The steps being taken to prevent disabled children being treated less

favourably• The facilities provided to enable access to the school for disabled children• Their accessibility plan showing how they plan to improve access progressively

over time

SEN Leadership• Leadership Team• Governing Body or equivalent• SENCO• Teaching Staff

Leadership teamENABLE:• Strong teaching and learning• Accurate assessment and identification • Well-designed curriculum • Close tracking and rigorous monitoring of progress with

intervention quickly put in place• A thorough evaluation of the impact of additional provision

(including alternative provision)• Clear routes to gain specialist support• AMBITION

Leadership Team• School leaders should regularly review how expertise and

resources used to address SEN can be used to build the quality of whole-school provision as part of their approach to school improvement

• The quality of teaching for pupils with SEN, and the progress made by pupils, should be a core part of the school’s performance management arrangements and its approach to professional development for all teaching and support staff

• School leaders and teaching staff should identify any patterns in the identification of SEN both within the school and in comparison with national data, and use these to reflect on and reinforce the quality of teaching

Governing Body (or equivalent)• Must ensure that there is a qualified teacher designated as

SENCO for the school.• Understand how the school identifies children with SEN and

what happens once a pupil has been identified.• Understand how SEN funding is allocated and spent including

who is responsible for the spending • Must publish information on their websites about the

implementation of their policy for pupils with SEN- updated annually or when information changes

• Develop good relationships in the school especially with the head and the SEN coordinator (SENCO).

SENCO• The SENCO has an important role to play with the head

teacher and governing body, in determining the strategic development of SEN policy and provision in the school

• The SENCO has day-to-day responsibility for the operation of SEN Policy and co-ordination of specific provision made to support individual pupils with SEN

• The SENCO provides professional guidance to colleagues• The SENCO, Head Teacher and governing body should

establish a clear picture of the resources that are available to the school

• The school should ensure the SENCO has sufficient time and resources to carry out their functions

Teaching Staff• Set high expectations which inspire, motivate and challenge pupils• Promote good progress and outcomes by pupils• Demonstrate good subject and curriculum knowledge• Plan and teach well structured lessons• Adapt teaching to respond to the strengths and needs of all pupils• Make accurate and productive use of assessment• Manage behaviour effectively to ensure a good and safe learning

environment • Fulfil wider professional responsibilities

o Develop effective professional relationships with colleagues, knowing how and when to draw on advice and specialist support

o Deploy support staff effectively

Teaching Staff• Teachers are responsible and accountable for the progress

and development of the pupils in their class including where pupils access support from teaching assistants or specialist staff

• High quality teaching, differentiated for individual pupils, is the first step in responding to pupils who have SEN. Additional intervention and support cannot compensate for a lack of good quality teaching

• SEN Support – Graduated approach – Assess, Plan, Do, Review• The class/ subject teacher remains responsible for working

with the child on a daily basis

The Three Waves

• Wave 1 : Quality First Teaching • Wave 2 : Wave 1 plus additional, time-limited, tailored

intervention support programmes• Wave 3: Wave 1 plus increasingly individualised programmes

WAVE 2Additional programmes and/or planned support that are designed to accelerate learning

WAVE 1Inclusive high quality teaching for all

WAVE 3Additional highly personalisedinterventions

Quality First Teaching• What does your school expect every teacher to

provide for every pupil everyday?

• What does Quality First Teaching look like in your school?

• How are teaching staff supported to ensure that they understand what this means?

Ofsted - Teaching• Structured and managed according to the needs of the pupils and the

learning objective• A very strong focus on learning rather than on engagement and being busy• Challenging and motivating activities – making effective use of knowledge

about pupils’ attainments and interests at which pupils are working and the level of challenge then offered by staff

• Development of communication, literacy and mathematics• Systematic and effective on-going assessment and evaluation that informs

teaching and improves learning• Knowledge of the pupils and the implications of their special needs• The management and evaluation of additional support towards improving

learning – increasing independence• Effective feedback - development of advocacy, choice, decision making

Wave 2 Interventions• Small group – specified period of time• Designed for pupils with the potential to ‘catch up’ and reach

age- related norms by the end of the programme delivery• Relatively fast pace of learning• Delivered by a trained member of staff• Class teacher has a full understanding of the intervention and

how to integrate learning into the classroom• Not a stepping stone to Wave 3

Wave 3 Interventions• For a small percentage of children and young people• Even with high-quality Wave 1 teaching and support, do not

make progress and have significant needs• Structured and intensive programme that is tailored to

individual’s specific difficulties• One to one programme by a teacher/teaching assistant who

has undertaken some additional training• Narrow the gap between an individual and their peers• Class teacher has a full understanding of the intervention and

how to integrate learning into the classroom

Interventions• What interventions are used in your

school?

• Are they successful?

• How do you know?

Interventions• The Sutton-Trust - Education Endowment Fund – Teaching

and Learning Toolkit• Ofsted Report - How schools are spending the funding

successfully to maximise achievement• Ofsted analysis and challenge tools for schools• Oxford School Improvement - The Pupil Premium – Making it

work in your school • What works for Struggling Readers? (2009)The University of

York• What works for children and young people with literacy

difficulties? The effectiveness of intervention schemes (2013) Gregg Brookes – The Dyslexia-SpLD Trust

Differentiation and Personalisation• Content - Adapt what they want the students to learn or how the

students gain access to knowledge, skills and understanding• Process - How does the student come to understand and assimilate

facts, concepts and skills? How are students grouped? Is there a recognition that students with SEN are at different levels and learn in different ways?

• Product – How do students demonstrate what they have learned?• Learning space – Establish environments that are conducive to

learning, teaching and assessment• Teacher - Focus on the vital role that teacher’s play in facilitating

learning and/or creating barriers to learning

Session 4

Action Planning for Implementation and Change

What next?

What next?• What is your school offer for pupils with SEND?• SEN Support – how will this be managed in your school?• Review of SEND Policy• Review of SEN register and IEPs• Professional Development Audit and programme of CPD• Review of interventions• Review of school funding for SEN• How effectively is your Pupil Premium being used?• Are the governing body aware of the new SEN legislation?• Are your parents aware of the new SEN legislation?

SENCO Guide to SEND CPD• Audit the skills and expertise of the current school workforce• Audit the whole school professional development needs for SEN based on the current

cohorts of children and young people• Using the information from the two audits develop a CPD programme using internal

staff to deliver wherever possible• Offer opportunities for teachers to observe each other, teach alongside each other, visit

other classrooms and visit other schools • Make opportunities for you to meet with other SENCOs to share good practice across a

number of schools• Offer opportunities for staff to reflect on their practice and feel comfortable in sharing

both the positive and the negative moments • Organise at least one training day per year to support SEN and Inclusion – One-in- five

for One –in – five!• Establish an ethos that values everyone’s expertise including how children and young

people might be able to contribute to training sessions• Use free on-line resources that are readily available to support workforce development

- http://www.nasen.org.uk/onlinesendcpd/• Offer every member of staff access to high quality professional development that meets

their needs and enables them to deliver outstanding teaching to every pupil every day

Ten Steps to effective SEN ProvisionDavid Bartram is Director of SEN for London Leadership Strategy1. Coordinate provision and use a clear system of referral2. Use effective evidenced based resources3. Develop on-site expertise4. Use resources effectively5. Use rigorous assessment to precisely identify SEN and match

interventions to individual needs6. Track and monitor the students’ progress across different subjects7. Evaluate the impact of interventions and adjust provision accordingly8. Work with pupils and parents9. Ensure strong teaching and learning10. Prioritise leadership of SENhttps://www.senmagazine.co.uk/articles/articles/senarticles/ten-steps-to-effective-sen-provisionhttp://vimeo.com/70064332

Lorraine Petersenlorraine@lpec.org.uk

@lorrainep1957www.lpec.org.uk