Select Committee on Education and Skills Minutes of Evidence


Supplementary memorandum submitted by the Department for Education and Skills

Children with special educational needs

INTRODUCTION

  1.  The Department's memorandum on special educational needs (SEN) promised a further note on the Government's white paper on schools HigherStandards, Better Schools for All, published on 25 October 2005.

  2.  This note sets out the main reforms in the White Paper and what they mean for children with SEN and their families; it also provides further information on the work the Department is doing to develop its plans for a flexible continuum of provision for special educational needs.

The White Paper reforms

  3.  A summary of the White Paper reforms is at Annex A. The reforms aim to secure better educational outcomes for children by improving the quality of education at all schools and giving parents a range of choices so that every child receives an excellent education whatever their background and wherever they live. Children with SEN will benefit from action to target help to those who need it most, engage and empower parents, and develop a school system that has the flexibility to respond to individual needs.

A flexible continuum of provision for SEN

  4.  The Department's memorandum sets out plans to develop a continuum of provision—one that combines elements of mainstream and specialist provision, builds on local developments, and makes the most of unprecedented capital investment in schools through the Building Schools for the Future programme.

  5.  The Schools White Paper sets out a range of measures for improving the quality of schools and the confidence of parents of children with SEN in the range of provision available; this builds on the approach of Removing Barriers to Achievement, the Government's SEN strategy. The Department has been working to identify how best to promote the successful development of a flexible continuum of SEN provision. This work has highlighted a wide range of models. Some of these are widespread and well-established, such as resourced units and classes in mainstream schools; and others, such as co-locations of special and mainstream schools, are fewer in number. Analysis carried out for the Department has also found that special and mainstream provision may be brought together at a number of levels, often in combination and including joint governance arrangements, shared buildings and facilities, staff and pupil movement, outreach from mainstream or special schools, resourced provision in mainstream schools and special units in both mainstream and special schools depending on children's needs. Underpinning all of these activities is a need for a common ethos shared throughout communities of schools and other service providers.

  6.  There are five core characteristics which our plans will seek to promote:

    —  More inclusive opportunities for pupils in mainstream and special provision—through shared grounds, buildings, learning and extra-curricular opportunities.

    —  More specialist input for pupils in mainstream schools—through outreach andincreased access to specialist advice and support.

    —  Greater collaboration between schools, working in partnership with the local authority and other agencies, to make the most of the available skills and expertise and sharing ownership of more challenging pupils.

    —  Greater flexibility to respond to the diverse and changing needs of individual pupils—through the availability of different models of provision, responsive back-up for schools, more readily accessible advice and support and the use of part-time/short-term placements.

    —  More outward-facing partnership working between schools, the local authority and health services, to meet the needs of all local pupils.

  7.  In taking forward our plans we will focus on developing strong local planning and commissioning arrangements, improved skills, stronger partnerships, and improved accountability for the outcomes achieved by children with SEN. Much of the work being taken forward through Removing Barriers to Achievement, and described in its memorandum to the Select Committee, is designed to promote the key characteristics identified by the study. The reforms announced in the Schools White Paper will further strengthen this work. And we will work closely with a wide range of stakeholders and experts in order to secure the best possible way forward.

How the White Paper will improve outcomes for children with SEN

  8.  Children with SEN and their families will benefit in particular from the commitments in the White Paper to:

    —  ensure that local authorities are able to set specific requirements for SEN provision in new and existing schools within a school system that offers broader choice and more flexibility;

    —  expand significantly the role of special schools within the successful Specialist Schools Programme, emphasising their role within the wider community of schools;

    —  develop the skills of the school workforce so that they have the appropriate knowledge, awareness and confidence in working with children with SEN;

    —  promote better progress by children with SEN across a wide range of abilities— facilitating early intervention, promoting high expectations and engaging parents in their children's learning; and

    —  improve provision for children with behavioural, emotional and social difficulties.

Ensuring a range of appropriate SEN provision

  9.  Local authorities will play a new commissioning role in relation to a new schools system, at the heart of their local communities and responsive to the needs of parents and pupils. They will retain their duty to map what provision is required in their area, taking account of changes in population, the demand for children's services, and the need for diversity. They will ensure sufficient school places, letting successful schools expand, closing schools that are poor or fail to improve and running competitions to open new schools. They will have a new duty to promote choice, diversity and fair access to school places, specifying for new and replacement schools, what they should provide and how they should work in partnership with other schools and services.

  10.  A key part of local authorities' new role will be to specify what is required in terms of provision for children with SEN—they will be able to make proposals for adding specialist SEN provision to all categories of school, including the new Trust schools. Children with SEN who do not have statements stand to benefit from the facility for secondary schools to develop banding policies enabling them to keep a proportion of places for children from outside their catchment area, and from the extension of the right to free transport to the three nearest secondary schools. The White Paper makes clear that there are complex issues involved in special schools having a fast track to becoming self-governing foundation schools or acquiring Trust status. The Government will be considering those issues carefully with schools and other interested parties before reaching any conclusions about whether to extend those options to special schools.

Developing the role of special schools

  11.  Special schools have a key role to play in developing the continuum of provision to meet the diversity of children's individual needs and in driving up standards of achievement. The White Paper announces the Government's intention to designate 50 new specialist special schools with an SEN specialism within the next two years, building on the 12 trailblazers already established. The Department will also be working closely with the Specialist Schools and Academies Trust and the Youth Sport Trust to encourage more special schools to submit applications for a curriculum specialism, with a view to being able to designate a further 50 special schools by 2008. An evaluation will be commissioned to compare the respective strengths of special schools with an SEN or curriculum specialism. This will inform the roll out of programmes beyond 2008.

  12.  The Department announced earlier this year that high-performing specialist schools would be able to take on additional functions to promote system-wide reform. The Schools White Paper takes this policy further by asking whether mainstream specialist schools who wished to take on an additional SEN role should be encouraged to do so. We would welcome the Select Committee's views on this important issue before we decide what action to take.

Developing the skills of the school workforce

  13.  A well trained school workforce is vital in raising standards of achievement for all children. The Department is already taking forward with the Training and Development Agency a range of measures to improve staff skills in SEN within Initial Teacher Training; in induction for Newly Qualified Teachers and at Post-Graduate level; and is supporting better networking of tutors involved in SEN and disabilities.

  14.  The White Paper reforms will build on this through wider changes over the next three years to improve the quality of teaching of children with SEN including:

    —  The reform of teachers' professional standards—to set out what can be expected of teachers at each stage of their career; this will include the need to have good, up-to-date knowledge of their subject and a commitment to effective professional development.

    —  Training more staff to a high level in literacy and numeracy and vocational areas.

    —  Training Health and Welfare staff for the new roles they will play in full-service extended schools.

    —  Training more specialists to improve behaviour and pastoral support.

    —  Training more bursars and administrative staff to free up teachers to teach and ensure the best use of resources to improve outcomes for children.In addition, from September 2006 schools will have multi-year budgets so that they can plan and deploy resources more effectively. The quality of local support services for children will also be improved through extended schools and the development of national quality standards for SEN specialist support and outreach services.

Improving the progress made by children with SEN

  15.  The White Paper reinforces the Government's commitment to tailoring teaching and learning to children's individual needs with a particular focus on those who are falling behind. A range of measures will be put in place, starting from April 2006, to drive this forward that will benefit children with SEN, including:

    —  Providing all schools, via the National Strategies, with new resources and best practice guidance on tailoring teaching and learning for children with SEN.

    —  A national training programme so that every school will have an expert leading professional to develop personalised learning across the whole school.

    —  Targeted funding for schools with the highest proportion of underperforming pupils in English and Maths so that they can employ additional staff to deliver one to one and small group tuition.

    —  Expert advice on how best to support children who face some of the greatest challenges—including those with SEN.

    —  Best practice guidance on the most effective teaching and learning strategies, including the use of Information and Communication Technology for those who have fallen behind, and on how to best engage and support their parents.

    —  Providing access to trained, expert leading teachers to consolidate and continuously improve the support available to pupils and make the best use of the new resources available.

    —  Extra study support in extended schools.

  £335 million from the Dedicated Schools Grant will be invested by 2007-08 in providing resources to secondary schools to deliver personalised learning for 11-14-year-olds. An extra £60 million in 2006-07 and in 2007-08 to be shared among the primary and secondary sectors will be targeted at those schools with the highest numbers of pupils who have fallen behind.

  16.  Schools need to set expectations of what children with SEN can achieve pitched at an appropriate and suitably challenging level. The Department's memorandum sets out what is being done to help schools in this area. The White Paper sets out broader details of the New Relationship with Schools accountability framework. Schools will need to show how all their pupils are achieving and School Improvement Partners appointed by local authorities will provide support and challenge to schools in raising achievement and closing achievement gaps between different groups. This will provide a clear impetus for continuous improvement in the outcomes achieved by children with SEN and better accountability to parents.

  17.  Alongside this the White Paper announces a range of measures for engaging parents in their children's learning, including:

    —  Requiring schools to give termly information to parents on how their child is progressing and regular opportunities for face to face discussion (new Regulations to be made by September 2006).

    —  Expecting schools to use Home-School Agreements to agree commitments on working together with parents (revised guidance to issue in September 2006).

    —  Requiring school governing bodies to seek and respond to the views of parents (regulations to be laid in 2006) and encouraging them to establish Parent Councils (to be included in forthcoming legislation).

    —  Making greater use of School Councils to hear children's views in mainstream and special schools. School Councils UK has been asked to create a network for schools and their school councils to share good practice, which will include special schools. School Councils UK has also recently produced School Councils for All a guide to inclusion within schools with advice on engaging pupils with SEN.

    —  Providing tailored information to parents when their children start primary and secondary education (this will be piloted in local authorities in 2006-08).

    —  Improving information to parents on choosing a school (the Code of Practice on Admissions will be revised and guidance issued in January 2006 and choice advisers should be in place from September 2006).

    —  Establishing a new right for parents to complain to Ofsted when they have concerns the school is failing to address (this will be included in forthcoming legislation).

Improving provision for children with behavioural, emotional and social difficulties

  18.  The White Paper welcomes the work of the Practitioners' Group on School Behaviour and Discipline led by Sir Alan Steer and gives a commitment to disseminate its findings on good practice to ensure they are embedded in every school. It sets a clear expectation that schools will form partnerships to improve behaviour and that every secondary school will be part of such a partnership by 2007.

  19.  The White Paper also recognises that there is a small group of children with severe and complex behavioural, emotional and social difficulties and accepts the Steer Group's recommendation that further investigation is required to determine how best to ensure that the underlying causes of their difficulties are identified as early as possible and that they can access appropriate multi-agency support.

Conclusion

  20.  Children and young people with SEN already benefit from the personalisation inherent in the SEN framework, which provides an individualised assessment of need and tailored provision, with access where appropriate to services that can best meet their particular needs. The White Paper reinforces this approach further to promote a fully personalised response to every child and builds on the programme of action being taken forward through Removing Barriers to Achievement. It also seeks to intensify the links between mainstream and special schools and promote a flexible continuum of provision to meet children's individual needs. This system wide change should help all children, whatever their needs and wherever they are taught, to receive a good education and an opportunity to realise their potential.

  21.  The Department has communicated the key elements of the White Paper and its implications for children and young people with SEN to leading organisations in the SEN field.

5 November 2005

Annex A

HIGHER STANDARDS, BETTER SCHOOLS FOR ALL—

MORE CHOICE FOR PARENTS AND PUPILS: SUMMARY OF KEY CHANGES

A NEW SCHOOLS SYSTEM

    —  Schools will be able to acquire a self-governing trust—similar to those supporting Academies which will give them the freedom to work with new partners to help develop their ethos and raise standards.

    —  Academies will remain at the heart of the programme, with continued and new opportunities to develop them in schools and areas of real and historical underperformance and under achievement.

    —  Independent schools will find it easier to enter the new system.

    —  A national schools commissioner will drive change, matching schools and new partners, promoting the benefits of choice, access and diversity, and taking action where parental choices are being frustrated.

CHOICE AND ACCESS FOR ALL

    —  Choice will be more widely available to all within an increasingly specialist system, not just to those who can pay for it. Key to choice is the provision of more good places and more good schools. This will be supported by:

(a)  Introducing better information for all parents when their children enter primary and secondary school, and dedicated choice advisers to help the least well-off parents to exercise their choices.

(b)  Extending the rights to free school transport to children from poorer families to go to their three nearest secondary schools within six miles of their home (where they are outside walking distance) and piloting transport to support such choices for all parents, which will help the environment as well as school choice.

(c)  Making it easier for schools to introduce fair admissions policies, including banding, so that they can keep a proportion of places for students who live outside traditional urban school catchment areas within a genuinely comprehensive intake. Some specialist schools and Academies already successfully use this approach.

PARENTS AND PUPILS FULLY ENGAGED IN IMPROVING STANDARDS

    —  Parents will receive regular, meaningful reports during the school year about how their child is doing with opportunities to discuss their child's them and their child's progress at school.

    —  Parents have the chance to form elected Parent Councils to influence school decisions on issues such as school meals, uniform and discipline (such councils will be required in Trust schools).

    —  Parents have better local complaints procedures and access to a new national complaints service from Ofsted.

    —  Parents have access to more and clearer information about local schools, how to get involved and how to lever change including the creation of new schools.

    —  Parents are able to set up new schools supported by a dedicated capital pot.

EDUCATION TAILORED TO THE INDIVIDUAL

    —  Improved knowledge about how different young people acquire knowledge and skills and increased resources in our schools, a reformed school workforce and the greater availability of ICT, gives teachers the opportunity to tailor lessons and support in schools to the individual needs of each pupil. So there will be:

(d)  targeted one-to-one tuition in English and Maths in the schools with the most underperforming pupils, to help those falling behind to catch up with their peers;

(e)  more stretching lessons and opportunities for gifted and talented pupils;

(f)  extended schools, offering many new opportunities to learn and develop beyond the formal school day;

(g)  more schools adopting grouping and setting of pupils in particular subjects according to ability; and

(h)  a national training programme to enable each school to have one leading professional to help develop tailored lessons.

MEASURES TO TACKLE FAILURE AND UNDERPERFORMANCE

    —  Failing schools will be more quickly turned around; and where no progress is made after a year, a competition for new providers will be held. Coasting schools will put on notice to improve, and if progress is not made, will enter special measures within a year.

    —  Competitions will be required for new schools and the replacement of failing schools, for the first time providing a straightforward route to bring new providers into the system. All new schools will be self-governing foundation, voluntary aided church schools or Academies.

    —  Parents will be able to urge Ofsted action or request new providers, and where there is strong demand or dissatisfaction with existing choices, authorities will have to meet their concerns.

LIGHTER TOUCH FOR GOOD SCHOOLS

    —  Good schools will be able to expand or federate more easily with other schools to expand their influence and increase the supply of good places, improving choices for parents.

    —  The best specialist schools will be able to acquire extra specialism and funded for new responsibilities such as teacher training.

    —  Ofsted will consult on an even lighter touch inspection system for high-performing schools.

BETTER DISCIPLINE

    —  The key recommendations of the Steer Group will be implemented by:

(i)  Introducing a clear and unambiguous legal right for teachers to discipline pupils backed by an expectation that every school has a clear set of rules and sanctions.

(j)  Extending parenting contracts and orders, so that schools [individually or collectively] can use them to force parents to take responsibility for their children's bad behaviour in school.

(k)  Requiring parents to take responsibility for excluded pupils in their first five days of a suspension (by ensuring they are properly supervised doing schoolwork at home) with fines for parents if excluded pupils are found unsupervised during school hours.

(l)  Expecting headteachers to use their newly devolved powers and funding collectively to develop on and off-site provision for suspensions longer than five days (instead of 15 days at present) and insisting that all exclusions are properly recorded.

A NEW ROLE FOR LOCAL AUTHORITIES

    —  The role of the Local Education Authority will change from provider to commissioner.

    —  As a part of their wider responsibilities for children and young people, local authorities will be expected to become parents' champions, commissioning rather than providing education. They will have a new duty to promote choice diversity and access to school places and school transport.

    —  It will be easier for new schools to be established, where there is parental demand.

    —  The school organisation committee will be abolished and their decision-making powers transferred to local authorities; disputes will continue to be resolved by the Schools Adjudicator.

    —  Local authorities will work with the newly created Schools Commissioner to ensure more choice, greater diversity and better access for disadvantaged groups to good schools in every area.

    —  Local authorities and Learning and Skills Councils will work more closely together to ensure real choice and higher standards in the provision of education for 14-19-year-olds in schools and colleges.


 
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