< Previous | Contents

Assessing our children's educational needs: The Way Forward?

Annex A

Definition of Special Educational Needs

1. The legal definition of special educational needs is set out in section 1(5)(d) of the Education (Scotland) Act 1980.

2. In interpreting the provisions of the 1980 Act:

"Children and young persons have special educational needs if they have a learning difficulty which calls for provision for special educational needs to be made for them.

Learning difficulty is said to be present if children and young persons:

a) have significantly greater difficulty in learning than the majority of those of their age; or

b) suffer from a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for those of their age in schools managed by their education authority; or

c) who are under the age of 5 years old and, if provision for special educational needs were not made for them, are or would be likely, when over that age, to have a learning difficulty as defined above."

3. The 1980 Act does not give any further clarification of the test to be applied in deciding whether or not a child has special educational needs. In the Department's guidance to education authorities (Circular 4/96), it is suggested that, as a rule of thumb, it should be assumed that children or young persons have "a learning difficulty" if additional arrangements need to be made to enable them properly to access the curriculum.

4. The legislation states that children and young persons are not regarded as having a learning difficulty solely because the language in which they are taught is different from that which has, at any time, been spoken in their home.

5. The needs of very able children and young persons are not specifically referred to in the legislation. Giftedness is not therefore, of itself, regarded as giving rise to special educational needs as defined in the 1980 Act. However, the more able may nevertheless experience learning difficulties of a temporary or continuing nature which give rise to special educational needs.

Annex B

Record of Needs

Sections 60-65 of the Education (Scotland) Act 1980

Section 60 Duty of an education authority to disseminate information as to importance of early discovery of special educational needs and the opportunity for assessment.

Section 61 In order for an education authority to determine if a child has enduring, pronounced, specific or complex special educational needs they must observe and assess the child. Section 61 states that this must include educational, psychological and medical assessments.

Section 62 On the basis of the various assessments and views gathered, the education authority has to decide if a child has pronounced, specific or complex special educational needs which require continuing review and thus whether a Record should be opened. They must write to parents or young persons informing them of the decision and of their right to appeal under section 63.

Section 63 covers the decisions which can be appealed against to the appeal committee.

Section 64 covers appeals which need to be remitted to the Scottish Ministers by the appeal committee.

Section 65 covers appeals to the sheriff about school placements.(see Annex C for information on the appeals process)

Section 65A provision for review of the Record

Section 65B future needs assessment.

Section 65C power to continue Record if child remains at school after he or she ceases to be of school age

Section 65D outlines what can be prescribed in regulations issued by the Scottish Ministers including the form of the Record; the content; procedures regarding keeping, discontinuation, destruction and transfer; and to whom it can be disclosed

Section 65E covers additional rights in relation to placing requests

Section 65F gives Scottish Ministers the power to make regulations in relation to standards in schools catering for recorded pupils

Section 65G gives education authorities the power to make arrangements for children with a Record to attend educational establishments outwith the United Kingdom.

Annex C

Appeals process

Parents can appeal to the appeal committee of the education authority against certain decisions as laid out in the following table.

Young persons (over school age but not yet 18 years old) have broadly similar rights of appeal. An appeal against the school nominated in the Record can only be made if the parent or young person has first made a placing request to an alternative establishment. Appeals must be lodged with the appeal committee within 28 days of receiving notification of the decision against which the parents or young persons wish to appeal. As noted above, some appeals are referred by the appeal committee to the Scottish Ministers. It is the appeal committee's responsibility to inform parents and young persons of decisions in relation to appeals and of their further right to appeal to the sheriff, where appropriate. Sheriffs can only hear appeals in relation to school placement.

Annex D

EPSEN APPROACH TO ASSESSMENT AND RECORDING

The Steps in identifying and assessing pupils' special educational needs at the primary stage

STEP 1 Identification of difficulties in learning: Through the procedures normally used in the classroom, the class teacher assesses individuals' learning difficulties. Where relevant, reference is made to pre-school reports and to information given by parents. The teacher takes action to overcome the learning difficulties within a defined period, generally by adjusting the class programme. The teacher reassesses, making a record of the problems faced by individuals, and their learning strengths.

STEP 2 Referral to learning support co-ordinator: The class teacher consults with the learning support co-ordinator and together they plan, record and implement courses of action for those pupils who have continuing difficulties. Parents are informed and consulted. Additional assistance may be given to the individual by promoted staff, another teacher, or the learning support specialist attached to or on the staff of the school. Arrangements are made to review progress. At this point, the school has set up learning support arrangements which assist the majority of the pupils with special educational needs to make progress. Their progress and the nature of provision are monitored and necessary adjustments are made.

STEP 3 Referral to support services outwith the school: Where a pupil's special educational needs are not being met within the resources of the school, the learning support co-ordinator and class teacher consult with the headteacher. Where it is decided that further assistance is required, the headteacher may first seek advice from an adviser or learning support specialist from outwith the school. The next step is to seek parents' permission to refer the child to the psychological service. In good practice referral is in writing and specifies (a) the individual's strengths, and any needs which have been identified; (b) the parents' views; (c) actions taken by the school; and (d) indications of the assistance required.

STEP 4 Consideration of the pupil's needs by the educational psychologist: The educational psychologist meets the parents and assesses the pupil in the school and in other contexts as required. A course of action is recommended in writing with, where appropriate, advice on the content of the curriculum and learning and teaching strategies. Other members of support services may also assess the pupil at this stage and make recommendations. Where action is some form of educational programme, arrangements are made for review and evaluation, in consultation with parents and school staff. No further steps are required for many pupils but the support services and school, in consultation with parents, continue the process of monitoring progress and adjusting provision in line with needs.

STEP 5 Consideration is given to opening a Record of Needs: The headteacher, parents and, normally, the educational psychologist consider whether a Record of Needs should be opened. If there is agreement, the directorate is informed and statutory procedures are initiated. School staff prepare a report on their view of the child's strengths and needs.

STEP 6 Medical examination and psychological assessment: The child is assessed. Parents have the right to be present at the medical examination and should be invited to discussions with the educational psychologist. The medical officer and the psychologist prepare reports. Staff in school, meantime, continue to give the pupil assistance.

STEP 7 Meeting to discuss opening of Record of Needs: The professionals, including representatives of school staff, meet with parents to discuss assessments. If the decision is that a Record of Needs should be opened, then the pupil's special educational needs are defined and the provision required to meet these needs is specified. Learning and teaching targets should be set and the date of the review agreed. The drafted terms are sent to the directorate for consideration and action. School staff prepare or update their individualised educational programme for the pupil.

STEP 8 Opening the Record of Needs: The Record is drafted and a copy is sent to parents for approval. Once approved it is 'opened' and copies are sent to parents, school and psychological service. Parents may appeal against the decisions to open or not to open a Record, against the terms of the Record and against proposed placement.

< Previous | Contents