New SEN Framework Presentation to the Joint Consultative Forum 17 May 2017 By Sharon Lawlor ED1/17/75799

A more responsive SEN Framework for children 1. SEND Act 2. SEN Regulations 3. Code of Practice A more responsive SEN Framework for children

SEND Act – New Duties & Rights New duties - Education Authority (EA), Health and Social Care Trusts (HSCTs) & Boards of Governors (BoGs) New rights - parents of children with SEN & for children over compulsory school age

SEND Act - New Duties –EA EA to seek & have regard to the views of the child EA to annually publish a plan of its arrangements for SEN provision Reduction 29 to 22 days – period to make parental representations – commenced 30 September 2016 4. Statement to set out the nature and extent of provision

SEND Act - New Duties –EA EA shall request help from the HSCTs when needed Make dispute & mediation arrangements – independent of the EA Participate in mediation 4. Assess capacity of a child over compulsory school age if a question of capacity raised

SEND Act - New duties: EA and HSCTs Linked to Children’s Services Co-operation Act 2015 EA & Health to cooperate with one another with regard to children with SEN to: identify and assess; provide services; and in preparing a transition plan Share information (with consent)

SEND Act -New Duties - BoG Teachers to take “all” reasonable steps. Those concerned with pupil’s education – all know about pupil with SEN (but need to recognise right to privacy) Learning Support Co-ordinator (LSC) Personal Learning Plan (PLP) for each pupil with SEN

SEND Act - New rights For children over compulsory school age – rights of the parent transferred to the child Provision for assistance and support for exercising the rights Parent can exercise right if child does not have the capacity

SEN Regulations Consultation on draft special educational needs regulations ran from February to May 2016 A Response Summary Report is available on the DE website at :- https://www.education-ni.gov.uk/consultations/draft-special-educational-needs-sen-regulations

SEN Regulations Responses to the consultation revealed there were some issues of concern with the draft SEN regulations :- 1. Learning Support Co-ordinators – qualifications and experience 2. Reduced new timescales for statutory assessment 3. Assistance and support for children over compulsory school age 4. Mediation

SEN Regulations Subject to Ministerial approval, the intention is to table any proposed changes to the regulations for discussion with the Education Committee Finalised regulations would be tabled for debate by the Assembly

New SEN Code of Practice New Code of Practice is being drafted – informed by the SEND Act provisions and the SEN Regulations The new Code will replace 1998 Code and 2005 Supplement EA, schools & Tribunal - statutory duty to have regard to the Code

New SEN Code of Practice Drafting informed by targeted engagement with key stakeholders Have been working closely with EA in the drafting of the Code including significant engagement with schools in the development of the school section of the Code Envisaged that an 8 week consultation on the Code will launch in late 2017

Next Steps and Implementation Finalise Regulations, consult on the Code of Practice All aspects of the new SEN Framework in place to allow full implementation during the 2018/19 academic year Capacity building – work commenced to develop training for EA, Schools, BoGs etc