The 1981 Education Act, which was the Government's response to the Warnock Report of 1978, changed the pattern of Special Educational provision. For the first time, the law stated that Local Education Authorities had to educate children with disabilities or learning difficulties in ordinary schools, providing certain conditions were met.
New ways of assessing and meeting children's needs came into force, including the end of all labelling by categories of handicap. Terms like 'educationally sub-normal' or 'physically handicapped' became illegal. All children - whether their problems are educational, social, physical or emotional or a combination of all these - can be 'Statemented'.
This is a process whereby a child's special needs are assessed and an Education Authority states how those needs are to be provided for, either in a mainstream or a special school.
A Statement is a confidential and legal document, relating to the educational needs of an individual child. The 1993 Act has now strengthened the 1981 Act and has been reinforced by a Code of Practice to which all should "have regard".
In order for a Statement to be produced, a child must be proved to have special educational needs which require special educational provision. Therefore, with the agreement of the parent, various assessments are made to identify a child's strengths and weaknesses.
If a child with spina bifida and/or hydrocephalushas learning difficulties and/or requires special provision because of disability, assessments (with a view to providing a Statement) should be requested.
Some authorities do not wish to issue Statements of Special Educational Needs on the pretext that they already provide extra resources to meet special needs in a mainstream or a special school. While this may be true, a Statement identifies specific needs and legally commits the Education Authority to meet those needs, even in times of cash shortage.
Statements are meaningless if they fail to specify actual learning difficulties and any other difficulties associated with a medical condition, physical disability or mental impairment.
It is not enough to mention a diagnosis without listing how it effects a child's educational progress. Difficulties should be fully described and details given of specific provision to overcome them which are readily understood by all.
The selection of an appropriate school should reflect the special needs of the pupil as seen by all the contributors to the Statement. Although parents cannot make a choice, they can express a preference.
Parents are advised to keep accurate records of their child's functioning and development from birth. Details of age of developments such as starting to speak, crawl, sitting up, and eye/hand co-ordination are all important for Statementing prior to four years of age. A diary is by far the best method of keeping such records. Details of medical history are also important.
It is strongly recommended that parents keep all relevant letters, especially those relating to the developmental process. An A4 file is, perhaps, most valuable for keeping these in date order. Such a file and diary are also valuable once the child begins school. Parents should keep all relevant documents such as school reports, minutes of meetings, termly reviews of Individual Education Plans, etc.
There are no set procedures for the assessment of children under two years of age. Local Education Authorities (LEAs) are not required to produce a Statement, even if a likely need is identified.
LEAs can start the Statementing process at any time between the ages of two and 16.
Between the ages of two and five, children with disabilities will usually be referred by someone from the Health Authority (eg paediatrician or health visitor) to the Local Education Authority.
A request for assessments to be made can come from a parent, but parents should first discuss the matter with a professional (eg head teacher, educational psychologist, education adviser, school doctor, etc).
Assessment may not necessarily lead to a Statement being produced. It is for the LEA to decide but, whatever decision is made, parents must be notified and reasons given. Sometimes, a 'note in lieu' is provided.
Statements must be reviewed regularly - at least annually, but they may be reviewed each term, every six months, etc, as agreed by the school, the LEA and the parent.
Statements can be discontinued at the discretion either of the LEA or the parent, but only after full consultation and agreement.
Advice for Review Meetings:
Statements are reviewed at least every year. The head teacher must ask for written advice from:
The head teacher must circulate all the advice received at least two weeks in advance of the meeting, inviting additional comments.
If possible, children should also contribute to the review by talking or writing about what they can do, what they like doing, and what they find difficult.
The Review Meeting, objectives and targets:
The people at the review meeting should try to work out:
Each review meeting should result in a list of achieveable targets for the coming year.
These should be simply and positively worded, ie what your child should be able to do with effective support. Ideally, your child should understand what needs to be done to meet these targets.
Statementing is usually a process of negotiation between the Education Authority and parents. Every parent should want to obtain the very best education for his or her child and every Authority has to juggle its scarce resources, legal obligations and moral duty to all its children. Each Authority operates in a different way within the boundaries of the law. So, while this leaflet is intended to answer basic questions, it cannot be a comprehensive guide to the Statementing process.
A more detailed guide about the Statementing of pupils with spina bifida and/or hydrocephalus can be purchased from the information department at ASBAH's National Centre.
