Outline the legal entitlements of disabled children and young people and those with special educational needs. Anyone providing services for children with special needs – health, education or social service departments, as well as voluntary organisations – must act within the legal framework. Legislation can change at any time and all health, education and social care practitioners, also Early Years workers, should be alert to new Acts and Regulations. There have been many changes to legislation in the UK over recent years which have affected this and a gradual increase in entitlements for these pupils. The table below has a brief outline of the legal entitlements of disabled children and young people and those with special …show more content…
Children’s Rights, Empowerment and Advocacy This takes action to ensure children and their families know what their rights are and how to put this entitlement into practice. Children are empowered to secure their rights and make their voice heard. Young children can be represented by an advocate to speak and interpret on their behalf. Education (Handicapped Children) Act 1970 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. Education Act 1993 This act required the code of practice be introduced for guidance on identification and provision of special educational needs. The role of the SENCO was introduced in schools and parents were able to challenge local authorities about providing for pupils with SEN. Every Child Matters (2004) This aims is to ensure that every child has the chance to fulfil their potential by reducing levels of educational failure, ill health, substance misuse, teenage pregnancy, abuse and neglect, crime and anti-social behaviour among children and young people. The five outcomes which mattered most to children and young people were: ● being healthy ● staying safe ● enjoying and achieving ● making a positive contribution ● economic well-being 1.2 Describe the assessment and intervention frameworks for disabled
The role of the SENCo has developed through government policy and undergone significant changes in the past decade with the introduction of the statutory SEN Code of Practice 2001 which states that the role of the SENCo includes identifying and placing pupils in need of special educational provision on a graduated system, liaising with parents and other professionals in regards to children with SEND and advising and supporting other practitioners in the field amongst other responsibilities.
Background and Facts: The Education for All Handicapped Children Act was passed in 1975. It required public schools to give equal educational opportunities for children who suffered from a disability. The school would work together with the child’s parents to form an educational plan. An important piece of this law was the ‘stay-put’ provision. During a dispute of a disabled child’s educational placement, the child was entitled to remain in their current setting until the matter was resolved.
The special educational needs (SEN) team are supported by a very active group who make sure that they provide a range of activities to meet the needs of our ever growing community of special schools, as well as colleagues in mainstream primary and secondary schools. Their aim is to work together to ensure good practice to promote effective approaches to enhance the students learning with Special educational needs.
vii) The Education Act 1944 the act required that educational provision for those children considered to be handicapped should be included in the way in which primary and secondary provisions were formulated. The act and its regulations also included in the category of educationally sub normal those children who lived with adverse family and home circumstances as well as those of limited ability. Special school provision was split into residential and day school and children were considered to be eligible for these if their IQ was between 55-70 and if their parental support was
The Special Educational Needs Code of Practice 2001 outlines the statutory guidance for policy and the procedures and responsibilities towards children and special educational needs. It includes the levels of support which should be provided to children depending upon their individual needs.
Outcome 1 Understand the legislation and policies that support the human rights ind inclusion of individuals with learning disabilities
Identify four legislation and policies that are designed to promote the human rights, inclusion, equal life chances and citizenship of individuals with learning disabilities
Every Child Matters Framework which is currently in the process to be changed is part of the Children Act 2004; it is a piece of legislation which has and influences planning and provisions of learning opportunities. The Every Child Matters ensures that settings provide quality of children’s and young people’s play and learning.This supports children from birth to 19 years. When practitioners plan, they should relate their work to the five outcomes for children; be healthy, stay safe, enjoy and achieve though learning, make a positive contribution to society and achieve economic
Disabled children and young people have the same right, as non-disabled children and young people to participate in decisions and issues that affect them. This is outlined in both the UN Convention on the Rights of Children (UNCRC) and in the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Despite this, disabled children and young people continue to face significant barriers and challenges to participation.
This legislation states the rights the child has and what the Government must do to protect their rights. For example every child has the right to a standard of living that is good enough to develop their physical, mental and social needs and the Government must provide extra money for families in need if their standard of living is below par.
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.
Additionally using a holistic method which starts with principles and approaches that put children’s rights at the centre of preparation children are supported in developing their skills, knowledge, attitudes and values that will in turn support them to make sense of the world. The setting that holds this Rights approach will value all supporters of the public and their involvement. That will be imitated
1.1 – Outline the legal requirements of disabled children and young people and those with special educational needs.
This right is available to all special needs children at no cost. The child’s education is not only free – it must also be well planned and appropriate. Each child must be carefully assessed to evaluate his present level and identify his long term and short term goals. Consequently, each individual student must be assisted by a carefully drawn annual, step by step plan. Very importantly, this I.E.P. must specifically identify the special equipment, unique provisions and special services that will be guaranteed to the special needs student during the I.E.P. period of
The importance of education for all children, especially for those with disability and with limited social and economic opportunities, is indisputable. Indeed, the special education system allowed children with disability increased access to public education. Apart from that, the special education system has provided for them an effective framework for their education, and for the institutions involved to identify children with disability sooner. In turn, this promotes greater inclusion of children with disability alongside their nondisabled peers. In spite of these advances however, many obstacles remain, including delays in providing services for children with disability, as well as regulatory and