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CHILDREN AND YOUNG PERSONS WITH SPECIAL EDUCATIONAL NEEDS

PLACING REQUESTS

Parental Preference for School Placement

157. The educational reforms introduced by the 1981 Act included the concept of parental choice, within certain limits, as regards the school to be attended by a child. Parents were given a right, within certain limits, to make a placing request, choosing a school for their child. When a child has a Record of Needs, education authorities have a more extensive duty to comply with parental preferences in school placements. Schedule A2 to the 1980 Act sets out how the provisions in section 28A of that Act apply to recorded children and young persons (references to section 28A in the rest of this Circular are to that section as set out in that Schedule; see paragraph 163 of this Circular for an explanation of the position of recorded young persons). It is therefore expected that parents will be invited to take part in consultations leading to the school placement for recorded children and that they will have the opportunity to visit the school or schools proposed.

Additional Options for Parents of Recorded Children

158. Under the placing request arrangements, a parent of a recorded child may make a written request to any education authority to place the child in any mainstream or special school under their management. There are however additional options available in relation to recorded children. It may be appropriate for some children with Records of Needs to attend an independent special school, a grant-aided special school, or -a self-governing special school in Scotland and the arrangements set out in section 28A enable parents to make a request to the education authority for the area to which their child belongs that their child should attend such a school. Before making such a request, however, parents must ensure that the managers of the school they wish to nominate are willing to offer the child a place there.

159. Parents of children with Records of Needs may not make a placing request for any independent, grant-aided or self-governing school. in Scotland which is not a special school. Nevertheless, where an education authority is itself of the opinion that a child or young person's special educational needs can best be provided at a particular school which is not a special school, it should seek the consent of the parents to place the child accordingly.

Placing Requests for Schools Elsewhere in United Kingdom

160. Parents of recorded children may make a placing request, to the education authority for the area to which the child belongs, for a school in England, Wales or Northern Ireland that makes provision wholly or mainly for children with pronounced, specific or complex special educational needs. Before doing so they must establish that the school is willing to accept the child. Where the placing request is successful, the education authority must pay all the necessary fees and expenses of the placement, including transport costs between the school and the child's home (sections 28A(l), 64(3) and 65(7) of the 1980 Act).

161. When a recorded pupil attends a school which is not an education authority school, but has been placed there by an education authority, whether or not as a result of a successful placing request, the education authority must pay all the necessary fees and expenses of the placement, including transport costs between the school and the child's home (see paragraphs 146, 160, 180 and 195).

Timing of Placing Requests

162. Parents of recorded children are entitled to make placing requests at any stage of a child's education; just like any other parent. The authority must give them specific notification of that right where a child is due to start at one of its schools or where the authority proposes that a child should, for any reason, be moved to a new or different school.

Rights of Young Persons

163. Young persons have the same rights to make placing requests on their own behalf as parents have for their children, and young persons with Records of Needs have additional rights corresponding to those that have just been described for parents. Where however the education authority considers that a young person is not capable of expressing his views as regards his special educational needs and the measures required to meet those needs, including the school that he would prefer to attend, then his parents have the right to make a placing request on his behalf and the authority must deal with it.

Refusal of Placing Requests

164. In general terms, education authorities must, subject to certain limitations, comply with a placing request. The general principles are the same regardless of whether or not the child or young person is recorded. Special considerations are involved however in the case of a recorded child or young person. In such a case, an education authority does not have to comply with a placing request when one or more of the following circumstances obtain:

(a) where placing the child or young person in the specified school would make it necessary for the education authority to take an additional teacher into employment (section 28A(3)(a)(i));
(b) where placing him or her in the specified school would give rise to significant expenditure on extending, or otherwise changing, the accommodation or facilities provided there. Note: in relation to a child or young person with special educational needs, it is not expected that a placing request will be rejected on this ground in cases where reasonable expenditure is needed to make a school building suitable for him or her. For example, it would be reasonable to provide handrails or ramps where there is a physical disability (section 28A(3)(a)(ii));
(c) where placing the child or young person in the specified school would be seriously detrimental to the continuity of his or her education. Note: this consideration can be extremely important in the case of children and young persons with special educational needs where it may be crucial not only to ensure steady progression in education but also to guard against disruptions to their emotional security which can be caused by frequent changes of school (section 28A(3)(a)(iii));
(d) where placing him or her in the specified school would be likely to be seriously detrimental to order and discipline there. Note: before deciding whether it is competent to refuse a placing request on this ground, an education authority should first consider whether it might be possible to modify teaching and other arrangements at the school to enable it to cope better with the challenges posed by a child or young person with a tendency to be disruptive (section 28A(3)(a)(iv));
(e) where placing him or her in the specified school would be likely to be seriously detrimental to the educational well being of the other pupils there; Note: provided that adequate support is given, it should be possible in many cases to educate those with special needs in mainstream classes without detriment to the other pupils (section 28A(3)(a)(iv));
(f) where the education normally provided at the specified school is not suited to the age, ability or aptitude of the child or young person. Note: the ability and aptitude of those with special educational needs may require provision that is different from or additional to that normally provided to the majority of their peers at the school. This would not necessarily lead to a refusal of a placing request unless the different provision could not reasonably be arranged (section 28A(3)(b));
(g) where the education authority, for whatever reason, has already required the child or young person to discontinue attendance at the specified school. Note: this' means that, for example an authority will not be bound to re-admit a pupil whom they have already had to exclude from the school (section 28A(3)(c));
(h) in the case of a special school, (or a school in England and Wales or in Northern Ireland which makes provision wholly or mainly for children, or young persons, with pronounced, specific or complex special educational needs), where the child, or young person does not have special educational needs requiring the education or special facilities normally provided there (section 28A(3)(d));
(i) in a case where the specified school is a single sex school, where the child or young person is not of the sex admitted there (section 28A(3)(e)).

Refusal of Request Involving a School Not Under the Management of an Education Authority

165. Additionally, an education authority does not have to comply, in certain circumstances, with a request for an independent, grant aided or self governing special school in Scotland (or a school in England, Wales or Northern Ireland making provision for children, or young persons, with pronounced specific or complex special educational needs) (section 28A(3)(f)(i) - (iii)). These circumstances are where the authority is able and willing to make provision for the special educational needs of the child or young person in one of its own schools and has offered a place there and it is not reasonable to place the child or young person in the specified school, having regard to the respective suitability and cost of the provision for his or her special educational needs there and in the authority's school which he, or she would otherwise attend. The costs in respect of both schools include necessary incidental expenses. The Department considers that, in deciding what is or is not reasonable, it is appropriate to take into account whether the different provision made in the specified school can justify any additional costs of attendance there including any necessary incidental expenses such as fees, cost of escort and travel costs to and from school and, for residential placement, the cost of regular visits home.

Additional Provisions of the Education (Scotland) Bill 1995

166. Certain additional grounds for refusing a placing request will be introduced if the Education (Scotland) Bill currently before Parliament is enacted and brought into force. Subsection 4 of clause 32 of the Bill provides for new subsections 3A - 3E to be inserted in section 28A of the 1980 Act (including that section as substituted by Schedule A2 to that Act in relation to a recorded child). These new provisions would enable education authorities, in limited circumstances, to refuse a placing request if to accept it would prevent them from retaining places at certain schools for incomers to the area served by the school, who are likely to move to the area during the period from time of consideration of the placing request up to and during the school year to which the placing request relates. However refusal on these grounds would not be permitted where there is another equivalent school, for example an equivalent special school, within reasonable walking distance of the school specified in the placing request.

Power to Accept a Placing Request Where there is no Duty to Comply

167. Although in any of the aforementioned circumstances an education authority may refuse a placing request that does not mean a placing request will always be refused. Section 28A(3) and the proposed new section 28A(3A) give an education authority the power to accept a placing request notwithstanding the fact that there are the grounds for refusal discussed in paragraphs 164 and 166 (section 28A(3)).

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