Cross And Egerton Commission Case Study

This Act transferred the responsibility of children with special educational needs looked after by the health service to the local authority and as a result many special schools were built.

When determining whether a child has a specific learning disability as defined in § 602 (29), a local educational agency shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual

The publication of the Warnock Report in 1978 caused ground-breaking changes to the education system. It changed the way in which society viewed children and young people with disabilities, and, moved towards a philosophy for an inclusive education (Moore 2009). Warnock (2010) states that many reports and a considerable amount of legislation have emerged since then, These include, 1981 Education Act establishing the recommendation 's, The National Curriculum 1988, The Education Act 1993, 1994 Code of Practice on the Identification and Assessment of Special Educational Needs, Excellence for All Children 1997, 2001 SEN and Disability Act, ‘Barriers to Inclusion ' (Department for Education and Skills 2004) ‘Special Educational Needs: A New Look (2005). In the 2005 review Warnock suggests that there should be no priority made to mainstream or special schools, only the needs of the child, also, either setting should be considered as long as it has provision to support the needs of the pupil (Warnock, Norwich and Terzi, 2010) HAVE I REF ALL ABOVE CORRECTLY???????

Among these rules, one of the rules is the Disability Discrimination Act of 1995; it is a legislation which protects the rights of young people and children with ill health or disabilities. It also influences the duty of schools and other related institutions to create a general setting. The Disability Discrimination Act of 2005 is another act which will help in making the

Coordinated admissions aim to ensure that as far as is practical, every child in a local authority area who has applied in the admissions round receives a place. And with the exception of grammar schools, who do not have to take pupils who are not up to scratch academically, schools must take all comers. Even those with challenging behaviour. Youngsters with special educational needs who don’t have a statement are treated in the same way as everyone else although this may sometimes require reasonable adjustments for them in the school or particular support for any special educational needs, as defined in the Disability Discrimination Act 1995.

On October 1st 2010, the Equality Act came into force. This consolidated and strengthened the previous equality laws. This act prevents children and their families from being discriminated, victimised or harassed because of their age, sex, race, religion or disability. Through this act each child, whether already in the setting, or applying through admissions, will be treated in a fair and equal way, with aims for all children to have reasonable provisions to allow them to access all educational areas. Although a school is not expected to make adjustments that are not reasonable, they are expected to make general adjustments, reasonably planned within the school’s approach to planning for SEN children. The Equality Act 2010 outlines four definitions of discrimination, direct discrimination, indirect discrimination, discrimination arising from a disability and harassment and victimisation. This allows school settings to have clearer expectations and implement them. The Equality Act 2010 and the Discrimination Disability Act (DDA) (2005) both aim to ensure each and every child has access to a broad and balanced academic and social curriculum. Following this code of practice in a school, confirms that all members of staff provide the same high-quality teaching to children, as well as displaying professional behaviour.

The 1902 Education Act was put in place by the Conservative party to put more money into schools by abolishing school attendance committees and the school boards and handing over their responsibilities to local councils as Local Education Authorities (LEA’s), who

This case set the precedent for “zero reject” as an accepted policy, currently without substantial debate, for all children covered under disability statute and legislation. As such, children with severe disabilities who are perceived to be uneducable due to the severity of their condition are not withheld the educational services granted their peers of lesser disability. The ability to receive and benefit from the education provided is not a factor

* Special Educational Needs and Disability Act 2001 – Makes it unlawful for educational providers to discriminate against pupils with a special educational need or a disability.

Until that time, many states had laws that excluded children with certain types of disabilities from attending public school. These included children who were blind, deaf and children labeled "emotionally disturbed" or "mentally retarded." Many of these children lived at state institutions where they received limited or no educational services. Having a disability does not automatically qualify a student for special education services under the IDEA. The disability must result in the student needing additional or different services to participate in school. For example, a child who is diagnosed autistic. Children with disabilities who qualify for special education are also automatically protected by Section 504 of the Rehabilitation Act of 1973 and under the Americans with Disabilities Act (ADA).

An LEA can only refuse a child with SEN a mainstream place if it can demonstrate that no reasonable steps could be taken to safeguard the ‘efficient education of other children’

The act was designed to make a difference to the education of SEN children by allowing them to have access to the educational facilities available all children. This is done by offering support tailored to the needs of the individual and their families whilst taking the opinion and wishes of the child into account with

Robert’s rights to inclusion is reinforced by the Special Educational Needs and Disability Act (2001) which gave Robert the right to attend mainstream school and to be educated alongside his peer (Thomas and Vaughan, 2005). The Act strengthened further the Disability Discrimination Act (1995) which makes discrimination again Robert unlawful. The United Nation Convention on the Right of the Child Article 23, highlights that a child with a disability should have effective access to and receive an education ( Jones , 2004) Tassoni (2003) underlined that The Children Act (1989) spelled out the idea that all children have rights. It required protecting all children, but also highlighting the needs and rights of vulnerable children. As with Robert, he is a child in need and as such the school and LEA has legal duties to make sure that Robert is achieving within society.

By using the eleven-plus examination (exam taken at around the age of 11) to test pupils' intelligence and abilities in English and arithmetic, three groups of children were identified. Firstly, there were academic pupils, who went to the secondary grammar schools. These schools provided the main route to university. Secondly, there was a group of practical pupils, who were interested in applied science or applied art. They went to the technical schools. Remaining pupils, mostly working class, went to the secondary modern schools where they received a more basic education. Thus, the secondary educational system set up as a result of the 1944 Act was a tripartite system - three types of schools, which, it was argued, were different but equal. As a result, the Act's aim of providing every child with an education was achieved, and the number of pupils in the schools began to rise rapidly. This can be clearly seen in Figure 1:

In 1993 the report of the Special Education Review Committee (SERC) was published. This report dealt comprehensively with the educational implications of special needs. It provided a definition of special needs which included those with severe and profound difficulties through to those who were exceptionally able and included both physical and mental disabilities. It recognized that the desire of the majority of parents of children with