ANNEX 1
NI CODE OF PRACTICE FOR THE IDENTIFICATION AND ASSESSMENT
OF SPECIAL EDUCATIONAL NEEDS
Referral Criteria
With the publication of the Northern Ireland
Code of Practice for the identification and assessment of pupils
with special educational needs, it is opportune to consider the
respective roles of schools and the Board in the revised procedures.
The Code identifies a five stage assessment process. Schools have
responsibility for Stages 1 and 2, and may seek the involvement
of Board staff and other agencies at Stage 3. Stages 4 and 5 are
the direct responsibility of the Board. The Board wishes to ensure
that the principles and spirit of the Code are applied consistently
and that the Board's resources are allocated as fairly and equably
as possible. Decisions to move from school-based stages to stages
involving the Board will be governed by the criteria described
below.
1. STAGE 3 ASSESSMENT
Except in exceptional circumstances, it is expected
that no pupil will be referred for assessment by an educational
psychologist or other support agency at Stage 3 unless his/her
difficulties have been addressed at Stages 1 and 2. Before considering
a Stage 3 referral, a school should ensure that:
— all strategies to cope with the pupil's
difficulties at earlier stages have been recorded (including consultation
with parents);
— an appropriate Education Plan has
been implemented at Stage 2 of the assessment process, and arrangements
made to monitor the pupil's progress towards the targets specified
in the plan.
The criteria for deciding when a Stage 3 assessment
is appropriate should be:
— that the pupil's difficulties have
failed to respond to relevant and purposeful measures taken by
the school within an agreed period of time;
— that the parties to the review process
are in agreement that a Stage 3 assessment is necessary.
In circumstances where there is disagreement
about the need for a Stage 3 assessment e.g. between the school
and the parents, the Board will attempt to resolve the dispute
by discussion and negotiation.
2. STATUTORY (STAGE
4) ASSESSMENT
A. PRE-SCHOOL
CHILDREN
The Education (NI) Order 1996 requires Boards
to identify those children of pre-school age who have, or are
likely to have special educational needs which will require the
Board to make special educational provision for them. The Board
will wish to conduct a statutory assessment in circumstances where:
— the child suffers from a recognized
medical or physical condition which is likely to require special
educational provision to be made for him/her;
— the child suffers from a sensory
disability which is likely to require special educational provision
to be made for him/her.
— the child suffers from a moderate
or severe developmental delay or a developmental anomaly which
is likely to require special educational provision to be made
for him/her.
Evidence of these difficulties will normally
be brought to the Board's attention by Medical Officers, Paediatricians,
Educational Psychologists etc. who will be asked to provide prima
facie evidence indicating that the child requires, or is likely
to require, special educational provision which is additional
to or different from that normally provided for children of his/her
age in mainstream primary schools.
B. PUPILS OF
COMPULSORY SCHOOL
AGE
The governing principle of the Code of Practice
is that the needs of the vast majority of pupils who are deemed
to have special educational needs should be met within mainstream
schools. It is expected that schools will establish, maintain
and review a curriculum policy which will address the needs of
all pupils, including those with special educational needs. Schools
are directly funded to meet the needs of such pupils through the
LMS scheme. Referral for statutory (Stage 4) assessment is appropriate
for only a small minority of pupils, as described below.
B.1 PHYSICAL DIFFICULTIES
The Board will wish to be aware of any pupil
who has a physical disability of such a nature or such a degree
that his or her educational progress is likely to be adversely
affected. When considering the need for a statutory assessment
in respect of such pupils, the Board will wish to ascertain whether:
— the pupil is unable fully to take
part in particular aspects of the school's curriculum without
close adult supervision and/or substantial adaptation of teaching
materials or the environment;
— there are significant difficulties
with mobility; significant self-help difficulties in, for example,
dressing, toileting or feeding; and/or serious safety issues;
— there is clear substantiated evidence
based on specific examples that the pupil's inability to take
full part in school life places the pupil under significant emotional
or physical stress.
Evidence on the nature and implications of these
difficulties will ordinarily be provided by Medical Officers.
Where the balance of evidence presented to,
and assessed by, the Board suggests that the pupil's learning
difficulties and/or disabilities:
— are significant and/or complex;
— have not been met by relevant and
purposeful measures taken by the school and external specialists;
and
— may call for special educational
provision which cannot reasonably be provided within the resources
normally available to mainstream schools in the area;
the Board will wish to conduct a statutory assessment
of the pupil's special educational needs.
B.2 SENSORY IMPAIRMENTS:
HEARING DIFFICULTIES
The Board will wish to be aware of any pupil
who has a hearing impairment of such a nature or such a degree
that his or her educational progress is likely to be adversely
affected. When considering the need for a statutory assessment
of such pupils, the Board will wish to ascertain whether:
— there is clear recorded evidence
of the extent and nature of the pupil's hearing loss in the form
of the results of any recent audiometric assessment, with recent
audiograms;
— there is clear recorded evidence
that the pupil's hearing difficulty significantly impairs his
or her emotional or social development, access to the curriculum,
ability to take part in particular classroom activities or participation
in aspects of school life;
— there is clear substantiated evidence,
based on specific examples, that the pupil's hearing difficulty
places him or her under stress, with associated withdrawn or frustrated
behaviour.
Evidence on the nature and implications of these
difficulties will ordinarily be provided by Medical Officers,
peripatetic teachers of the hearing-impaired and educational psychologists.
Where the balance of evidence presented to,
and assessed by, the Board suggests that the pupil's learning
difficulties and/or disabilities:
— are significant and/or complex;
— have not been met by relevant and
purposeful measures taken by the school and external specialists;
and
— may call for special educational
provision which cannot reasonably be provided within the resources
normally available to mainstream schools in the area;
the Board will wish to conduct a statutory assessment
of the pupil's special educational needs.
B.3 SENSORY IMPAIRMENTS:
VISUAL DIFFICULTIES
The Board will wish to be aware of any pupil
who has a visual impairment of such a nature or such a degree
that his or her educational progress is likely to be adversely
affected. When considering the need for a statutory assessment
of such pupils, the Board will wish to ascertain whether:
— there is clear recorded evidence
of the extent of the pupil's visual difficulty, in the form of
assessments of the level of the pupil's functional vision;
— there is clear recorded evidence
that the pupil's visual difficulty significantly impairs his or
her mobility, emotional or social development, assess to the curriculum,
ability to take part in particular classroom activities or participation
in aspects of school life and/or constitutes a serious risk to
the safety of the pupil;
— there is clear substantiated evidence,
based on specific examples, that the pupil's visual difficulty
places the pupil under stress, with associated withdrawn or frustrated
behaviour.
Evidence on the nature and implications of these
difficulties will ordinarily be provided by Medical Officers,
peripatetic teachers of the visually-impaired and educational
psychologists.
Where the balance of evidence presented to,
and assessed by, the Board suggests that the pupil's learning
difficulties and/or disabilities:
— are significant and/or complex;
— have not been met by relevant and
purposeful measures taken by the school and external specialists;
and
— may call for special educational
provision which cannot reasonably be provided within the resources
normally available to mainstream schools.
the Board will wish to conduct a statutory assessment
of the pupil's special educational needs.
B.4 SPEECH AND
LANGUAGE DIFFICULTIES
Most speech and language difficulties will have
been identified before a child reaches school age and the appropriate
provision will have been made. The Board will, however, wish to
be aware of any pupil who has a speech and language difficulty
of such a nature or such a degree that his or her educational
progress is likely to be adversely affected. When considering
the need for a statutory assessment of such pupils, the Board
will wish to ascertain whether:
— the pupil's expressive and/or receptive
language development is significantly below that of the majority
of pupils of his or her age as measured by a standardised language
assessment test, or there is a major discrepancy between the pupil's
expressive and receptive levels of functioning;
— there is clear evidence—indicated
by a significant discrepancy between the pupil's cognitive ability,
as measured by a standardised non-verbal intelligence test, and
his or her attainment in core subjects of the NI Curriculum—that
the pupil's speech and language difficulties significantly impede
his/her access to the curriculum;
— there is clear substantiated evidence,
based on specific examples, that the pupil's communication difficulties
impede the development of purposeful relationships with adults
and/or other pupils and/or give rise to other emotional and behavioural
difficulties;
— there is any evidence of a hearing
impairment which may co-exist with, or cause, the speech and language
difficulty.
Evidence on the nature and implications of these
difficulties will ordinarily be provided by Medical Officers,
speech and language therapists, educational psychologists and
teachers.
Where the balance of evidence presented to,
and assessed by, the Board suggests that the pupil's learning
difficulties and/or disabilities:
— are significant and/or complex;
— have not been met by relevant and
purposeful measures taken by the school and external specialists;
and
— may call for special educational
provision which cannot reasonably be provided within the resources
normally available to mainstream schools;
the Board will wish to conduct a statutory assessment
of the pupil's special educational needs.
B.5 MEDICAL CONDITIONS
Some medical conditions may significantly impair
a pupil's ability to participate fully in the curriculum and in
the wider range of activities of the school. Some conditions may
affect the pupil's progress intermittently, others on a continuous
basis. The Board will wish to be aware of such pupils. When considering
the need for a statutory assessment of such pupils, the Board
will wish to ascertain whether:
— there is clear recorded evidence
that the pupil's medical condition significantly impedes or disrupts
his or her access to the curriculum, ability to take part in particular
curricular activities or participation in aspects of school life;
— there is clear substantiated evidence,
based on specific examples, that the pupil's medical condition
has given rise to emotional or behavioural difficulties, including
problems with peer relationships;
— there is evidence of significant
absence from school.
Evidence on the nature and implications of these
difficulties will ordinarily be provided by Medical Officers and,
in relation to school attendance difficulties, by Education Welfare
Officers.
Where the balance of evidence presented to,
and assessed by, the Board suggests that the pupil's learning
difficulties and/or disabilities:
— are significant and/or complex;
— have not been met by relevant and
purposeful measures taken by the school and external specialists;
and
— may call for special educational
provision which cannot reasonably be provided within the resources
normally available to mainstream schools in the area;
the Board will wish to conduct a statutory assessment
of the pupil's special educational needs.
B.6 LEARNING DIFFICULTIES
In normal circumstances, before considering
a referral for statutory assessment a school should ensure:
— that all strategies to cope with
the pupil's difficulties at earlier Stages have been recorded
(including consultations with parents);
— that appropriate Education Plans
at Stages 2 and 3 have been implemented and the pupil's progress
towards meeting the targets specified in the Education Plans has
been monitored;
— that the pupil's difficulties have
failed to respond to relevant and purposeful measures taken by
the school and external specialists and/or support services within
an agreed time period;
— that the parties to the Stage 3 review
process are agreed that a statutory (Stage 4) assessment is required.
In circumstances where there is disagreement
about the need for referral for a statutory assessment e.g., between
the school and the parents, the Board will attempt, in the first
instance, to resolve the dispute by discussion and negotiation.
Upon receipt of an application for a statutory
assessment, the Board will wish to give consideration to the following
issues.
— Are the pupil's difficulties of such
severity that they are unlikely to be resolved within the resources
available to his/her present school? and/or
— Has the pupil failed to make progress
despite relevant and purposeful measures having been taken by
the school?
As indicated above (paragraph B), the Code indicates
that only "in a small minority of cases" will pupils'
special educational needs be of such severity that a statutory
assessment will be required. Following the view of the Warnock
Committee (1979), the Code suggests (paragraph 2.2) that "in
only about 2 per cent of cases should the child's needs be such
as to require a statement of special educational needs."
It follows, therefore, that a statutory assessment is, ordinarily,
appropriate only when prima facie evidence exists that
a pupil's performance falls within the lowest 2 per cent of his/her
age-group in the general population on standardised measures of
general intellectual or educational attainment e.g., tests of
intelligence, English, mathematics. The Board will however wish
to consider all relevant factors e.g.,
— the resources available to the school;
— the pupil's progress, over time,
relative to his/her peer group;
— whether there is clear substantiated
evidence, based on records of progress towards meeting the targets
specified in Education plans during Stages 2 and 3 of the assessment
process, that the pupil's needs are not being met by current provision;
when deciding whether a statutory assessment is necessary.
Where exceptional specific circumstances are
identified which may have adversely influenced the pupil's school
performance, and evidence is available that the pupil has failed
to make progress towards attaining targets specified in Education
Plans despite appropriate and relevant teaching over an agreed
period of time, the Board will seek guidance from an educational
psychologist when considering the need for a statutory assessment.
KEY STAGE
ASSESSMENT
A valuable source of information when making
decisions about the appropriateness of a statutory assessment
will be the pupil's performance on Key Stage Assessment in core
subjects of the curriculum. Arising from assessment at the end
of Key Stages, a small number of pupils may be identified who
are deemed not to be capable of working at levels associated with
their key stage. e.g.,
Key Stage 1—pupil assessed as pre-level
1.
Key Stage 2—pupil assessed as level 1 or
below.
Key Stage 3—pupil assessed as level 2 or
below.
In these circumstances, it would be essential
for a Board to initiate a statutory assessment.
Before the Key Stage Assessment, schools may
make the case that certain pupils are not capable of working at
levels appropriate to their Key Stage in core curriculum subjects,
and that a Stage 4 assessment should be initiated. The Board will
require schools to provide detailed evidence (e.g., through continuous
teacher monitoring and assessment) to support the case being made.
The Board will wish to consider all relevant factors such as the
pupil's progress in meeting the targets set in Education Plans
at Stages 2 and 3 of the assessment process; the pupil's progress
relative to his/her peer group; and the resources available to
the school.
B.7 SPECIFIC LEARNING
DIFFICULTIES
It is the Board's view that the primary need
for pupils with specific learning difficulties is access to the
NI Common Curriculum at a level consistent with their intellectual
ability. In the vast majority of cases, the benefits to be gained
by the pupil remaining in his/her mainstream school greatly outweigh
the benefits to be gained by placement elsewhere. The Board expects
mainstream schools:
(a) to implement and monitor individual educational
programmes in reading, spelling etc., which will address the difficulties
experienced by the pupil;
(b) to take the necessary action to make
the Curriculum accessible to the pupil by, for example, alerting
all teachers to the pupil's needs; helping the pupil to devise
strategies for recording information; adopting appropriate marking
practices; and promoting the use of self-help devices such as
personal dictionaries, subject vocabulary banks etc.;
(c) to explore the use of information technology
(word-processor/spell-checkers) in all curriculum areas.
The Board offers a support service for pupils
of primary age who have specific learning difficulties and who
have failed to respond to relevant and purposeful measures taken
by the school to alleviate the difficulties. This support is offered
on an outreach (part-time) basis for one year in the first instance.
Pupils who fail to make adequate progress as a result of part-time
support may be offered a full-time place in a reading support
unit for a period of one year. Both the part-time and the full-time
support is offered at Stage 3 of the Board's procedures. Referrals
to the support service are made jointly by schools and educational
psychologists on the basis of the criteria set out in Annex 1.
In circumstances where a pupil has failed to
respond to relevant measures taken by the school and the support
measures offered by the Board, and it is clear that the pupil's
access to the NI Curriculum is seriously impaired and/or there
is clear evidence that the pupil is experiencing considerable
frustration or distress in relation to his or her learning difficulties,
the Board will consider carefully the need for a statutory assessment
of the pupil's special educational needs.
B.8 EMOTIONAL/BEHAVIOUR
PROBLEMS
The Board offers a range of support services
at Stage 3 to help schools manage the behaviour of pupils. It
is expected that schools will have tried a range of strategies
to manage the pupil's behaviour (including help from the Board
support services) before seeking to refer the pupil for a statutory
assessment because of his/her emotional/behaviour difficulties.
If the appropriate strategies have been employed, and the balance
of evidence presented to and assessed by the Board indicates that
the pupil's emotional and behavioural difficulties:
— are signficant and/or complex;
— have not responded to relevant and
purposeful measures taken by the school and external specialists
and/or support services, and
— may call for special educational
provision which cannot reasonably be provided within the resources
normally available to mainstream schools in the area;
the Board will consider very carefully the case for
a statutory assessment of the pupil's special educational needs.
PARENTAL REQUESTS
FOR STATUTORY
ASSESSMENT
In circumstances where a parent directly requests
from the Board that a statutory assessment of their child be carried
out, the Board will request all available evidence from schools
and Board services e.g., the Educational Psychology Service. Where
the appropriate strategies to resolve the pupil's difficulties
have not been implemented at earlier Stages, the Board will advise
the school and the parent of the requirements of the Code of Practice
that Stages 1-3 of the assessment process be conducted prior to
referral for statutory assessment.
7 July 1998
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