Disability Equality Training for education settings and the new SEND Reforms – Workshop 2 Fulford Secondary School, Tuesday 24th March 2015 Trainers: Tanya Beresnevich & Dave McCormick

By the end of this workshop, participants will: Disability Equality Training for education settings and the new SEND Reforms – Aims of this workshop By the end of this workshop, participants will: Understand what information needs to be published in order to meet the requirements of the Public Sector Equality Duty (PSED) and the SEND Reforms. Understand what is meant by the term ‘Reasonable Adjustments’ and how the test of reasonableness should be approached. Understand how the 3 aspects of an Accessibility Plan should be put together and consider examples of good practice.

Disability Equality Training for education settings and the new SEND Reforms – Objectives for this workshop By the end of this workshop, participants should be: Clear on the principals that underpin the PSED and the SEND Reforms and how this carries across to Accessibility Planning for your setting. Clear on the 2 principals and 6 aspects which underpin what is a ‘Reasonable Adjustment’ in the context of a disabled student. Confident in knowing how the 3 parts of an Accessibility Plan fit together. Familiar with at least one method of engagement activities across your setting’s community / interrogate existing data; in order to put an Accessibility Plan together.

Disability Equality Training for education settings and the new SEND Reforms –– the agenda for today? We will be looking at:. Presentation 2 – Recap on the key aspects of the PSED and SEND Reforms. Activity 1 – ‘Reasonable Adjustment’ case studies Presentation 3 – Summary of the principals and aspects of ‘Reasonable Adjustments’. Presentation 4 – The 5 stages of the Access Planning (AP) cycle. Activity 2 – Setting Accessibility Checklist Activity 3 – Writing Equality Issues and Equality Outcomes with actions. Activity 4 – Review of x 2 examples of previous Accessibility Plans Presentation 5 – Concluding comments Evaluations and close

When asking a question, only one person speak at a time. Disability Equality Training for education settings and the new SEND Reforms: – Ground Rules - Please: When asking a question, only one person speak at a time. Give the person speaking a chance to finish before responding/giving your views. Respect each other’s views – even if you don’t agree with those views. Be positive – when commenting upon something negative/bad in society try to think about ways to fix it/change it. Anything else?

Equality Act (2010) and the revised SEN Code of Practice (July 2014): To recap: 6.79; The governing bodies of maintained schools and maintained nursery schools and the proprietors of academy schools must publish information on their websites about the implementation of the governing body’s or the proprietor’s policy for pupils with SEN. The information published should be updated annually and any changes to the information occurring during the year should be updated as soon as possible. The information required is set out in the Special Educational Needs and Disability Regulations 2014 and must include information about: A range of issues covering 14 aspects.

Equality Act (2010) and the revised SEN Code of Practice (July 2014): To recap: 3. Arrangements for consulting parents of children with SEN and involving them in their child’s education – engagement on your setting’s Accessibility Plan. 4. Arrangements for consulting young people with SEN and involving them in their education – engagement on the development of your setting’s Accessibility Plan. 8. How adaptations are made to the curriculum and the learning environment of children and young people with SEN – publishing, implementing, monitoring and reviewing your setting’s Accessibility Plan.

Education settings and the Public Sector Equality Duties (PSED): To recap: A single PSED (General Duty) was introduced in April 2011 and applies to public bodies including maintained schools and academies and extends to certain PCs (including disability). This combined equality duty requires public bodies to: Eliminate discrimination and other conduct which are prohibited under the Act. Advance equality of opportunity between people who share a PC and people who do not share it. Foster good relations across all characteristics – between people who share a PC and those who do not. ‘Due Regard’ must be given by public bodies to the 3 elements outlined above. This means giving relevant and proportionate consideration to the duty.

Education settings and the Public Sector Equality Duties (PSED): To recap: Relevant and proportionate consideration – For schools and academies this means that decision-makers must: Be aware of the duty to have ‘due regard’ when making a decision or taking an action and assess the implications (if any) for people with particular PCs. Consider the equality implications before and at the time that they develop policy and take decision, not as an afterthought and they must keep them under ongoing review. The PSED has to be integrated into the carrying out of the setting’s functions and the analysis necessary to comply with the duty has to be carried seriously, rigorously and with an open mind – not just about ticking boxes or following processes. Settings cannot delegate the responsibility for carrying out this duty to anyone else.

Equality Act (2010) and reasonable adjustments: CASE STUDIES

The reasonable adjustment duty: The responsible body for a school - Headteacher, Board of Governors, Local Authority (if maintained): must take reasonable steps to ensure that disabled students are not placed at a substantial disadvantage can be shown to discriminate against a disabled student (no justifications permitted) if the setting fails to take these reasonable steps to the detriment of that student.

Admissions, exclusions and ‘education and associated services Admissions, exclusions and ‘education and associated services.’ This includes: the curriculum teaching and learning classroom organisation breaks and lunchtimes school policies school clubs and activities homework assessment and exam arrangements timetabling school trips exclusion procedures ... the whole life of the setting.

Aspects of reasonable adjustments: Taking reasonable steps to avoid detriment to a disabled student such as:- Time and effort expended Inconvenience, indignity or discomfort Loss of opportunity or diminished progress.

Reasonable adjustments, factors that will be taken into account: - standards (academic rigor) - resources (staffing and time) - costs (finances) - practicability (how practical is it) - SEN provision (within the setting / LA) - health and safety - interests of other pupils (impact on others) Reasonable adjustments and ‘factors’ The factors that may be taken into account, DRC Code p65, para 6.28, may limit what a school might be required to do under the duties, but they do not relieve the responsible body of the need to identify a reasonable adjustment to make sure that a disabled pupil is not placed at a substantial disadvantage. Some of these factors may appear to limit the duties, but, for example a consideration of standards may dictate that a disabled pupil should participate in a particular activity, not that the pupil might be excluded from it. Examples: standards, DRC Code p67, example 6.34A (include); interests of other pupils, DRC Code p68, example 6.34B (exclude); health and safety, DRC Code p69, example 6.34C (balancing).

Reasonable Adjustments: Key Factors vision and values based on an inclusive ethos a ‘can do’ attitude from all staff a pro-active approach to identifying barriers and finding practical solutions strong collaborative relationships with students, parents and staff a meaningful voice for students a positive approach to managing behaviour … continued The schools in which the Reasonable Adjustments Project (RAP) filmed were all at different stages in developing their approach to making reasonable adjustments: some had long experience, others had embarked on the process more recently. Whatever stage the school was at, RAP found a number of key factors that enabled schools to make reasonable adjustments more readily and more effectively. The factors all relate to aspects of school ethos, policy and management that create the climate in which schools make reasonable adjustments.

Key factors … continued strong leadership by senior management and governors effective staff training and development the use of expertise from outside the setting building disability into resourcing arrangements a sensitive approach to meeting the impairment / specific needs of students regular critical review and evaluation the availability of role models and positive images of disability For discussion of the key factors identified in the Reasonable Adjustments Project, see written materials Making reasonable adjustments for disabled pupils. The DVD material provides many examples both of reasonable adjustments and of the factors at work.

Equality Act (2010) and Accessibility Planning (AP)– steps and timescales (1): Step No: Description of activity/s: Who will lead / who should be involved: Time period: 1.* Agree on the engagement method/s and supporting materials to be used and engage with the x 4 sets of different communities across your setting; to identify equality issues and outcomes with actions to be implemented. Accessibility Planning group / students, parents and carers, staff and others who use the setting’s facilities. Up to 6 weeks* 2.* Analyse existing setting data sets available from a range of different sources held by your setting and the Local Authority. Accessibility Planning group

Equality Act (2010) and Accessibility Planning (AP) – steps and timescales (2): Step No: Description of activity/s: Who will lead / who should be involved: Time period: 3. Draw up and feedback on the draft Accessibility Plan for your setting based on the findings from steps 1 and 2. This draft plan will feature the equality issues, outcomes and actions to be delivered on over the next 12-month period. Accessibility Planning group to draw up and feedback to students, parents and carers, staff and others who use your setting’s facilities. Up to 6 weeks. 4 Amend the current draft plan and publish the final Accessibility Plan using a variety of media. TOTAL TIME: Accessibility Planning group Up to 2 weeks. 20 WEEKS

Equality Act (2010) and Accessibility Planning (AP) – steps and timescales (2): Step No: Description of activity/s: Who will lead / who should be involved: Time period: 5. Implement the actions identified for each equality issue and outcome identified and review the impact of any actions taken, after a 12-month period. Accessibility Planning group to undertake an impact assessment of all actions implemented and prepare a feedback report. Within a 12 month period 6. Engage with the x 4 communities on your Accessibility Plan’s impact and amend the existing plan from the findings from these engagement events – go to step 4. Accessibility Planning group to engage the x 4 communities identified. Up to 6 weeks

Equality Act (2010) and starting the engagement process: When considering Step 1 of the AP process: working in groups of 3, look at the Setting Accessibility Checklist and spend 15 minutes discussing which areas in your view experience, should be marked as either: RED (Focusing) – is of major concern with numerous examples which can be given and is a candidate to develop into an equality aim and outcome with agreed actions. AMBER (Developing) – is of minor concern with one or 2 examples which might be given and is a potential candidate to develop into an Equality aim and outcome with agreed actions. GREEN (Establishing) – is of no concern. Count up how many areas you have identified for each of these areas? Pick one RED area to develop further for Step 3 of the AP process?

Equality Act (2010) and the types of setting data which should be analysed: When considering Step 2 of the AP process, here is a list of data sets which should be considered for analysis: Attainment and progression Key Stage data. Attendance levels. Fixed-term exclusions / seclusions and permanent exclusions issued by non-SEND, School Support and EHC Plan. Number, type and frequency of reported incidence of bullying. Complaints received from parents / carers by type and outcome. This list is not exhaustive and there may be other data sets to analyse.

Equality Act (2010) and writing an Equality Issues and Outcomes (1): When considering Step 3 of the AP process, look at the example you identified from your group’s Setting’s Accessibility Checklist (SAC) exercise. Using the ‘Accessibility Plan template’ document, transfer your SAC ‘RED’ area identified, using the headings on the table to complete each box. Try to complete each box as fully as you can and remember, this is just your views / experience. You will have to go and test these views out by engaging with the x 4 communities across your setting to ensure that your views and your community’s views, tally on what equality issues need to be addressed through the implementation of an Accessibility Plan.

Equality Act (2010) and writing an Equality Issues and Outcomes (2): Example: SAC exercise reveals that there is an issue with signage in and around the setting. Equality Issue: Equality Outcome Engagement feedback: This view is corroborated through feedback from engagement sessions. Students, staff and visitors struggle to find their way in and around the building due to Inaccessible signage. Way-finding will become easier / more accessible and the incidence of late student arrivals / visitors being late / missing Meetings, will reduce by 20%

Equality Act (2010) – reviewing previous examples Working in groups of 3, consider both anonymised examples of previously written Accessibility Plans and answer the following questions: Q1. Which example was easiest to follow in terms of tracking the AP cycle? Q2. Which example was easiest to read / to follow – use of accessible language? Q3. Which example referenced supporting evidence of community engagement and setting data set analysis?

Equality Act (2010) – sections to be covered in your Accessibility Plan: In line with the requirements of the SEND Reforms and the PSEDs, it is recommended that your settings Accessibility Plan covers the following areas to evidence that you have followed the AP cycle fully: 1. Introduction - statutory requirements: 2. Evidence of engagement with different communities:   3. Evidence of school data analysis:   4. Impact assessment – summary (method/s used and highlights identified):   5. Accessibility Plan – identification of equality issues, equality outcomes and actions to be implemented to facilitate adaptations: to the curriculum, to the physical / virtual environment, to the written word

Equality Act (2010) and the SEND Reforms – concluding comments: Your setting’s Accessibility Plan MUST demonstrate a clear process with evidence covering: Robust engagement with parents / carers. Robust engagement with disabled children and young people. How adaptations are to be made to the delivery of the curriculum and the learning environment* to meet the range of special educational needs and disabilities. The Accessibility Plan should be reviewed and where necessary, amended each year in order to assess the impact of each set of actions implemented. The findings from this impact assessment should be used to develop the following year’s AP cycle. The Accessibility Plan MUST be published on your setting’s website. It should be easily available to all, be written in accessible language and be available in a variety of alternative communication formats.

Thank you for taking part! Disability Equality Training for education settings and the new SEND Reforms: Evaluations & close Thank you for taking part! EVALUATIONS and CLOSE For more details please contact Dave McCormick, Education Officer, SEN & Transport on: david.mccormick@york.gov.uk