Inclusion ( SEN )

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29th September 20
Trail : home / Inclusion and Special Education Needs / Advice / School Self-Evaluation for Inclusion / Statutory Requirements : Governors' duties in relation to statemented pupils

Governors' duties in relation to statemented pupils

Responsibilities of the Governing Body in relation to pupils with SEN including those with a statement.

 

The governing body should, with the headteacher, decide the school’s general policy and approach to meeting children's special educational needs for those with statements and those without.  It must set up appropriate staffing and funding arrangements and oversee the school’s work.  The general duties of governing bodies and the “responsible person” are set out in full in paragraphs 1:16 to 1:22 of the SEN Code of Practice (see below).

 

Mainstream schools.

The governing body may appoint a committee to monitor the school’s work for children with special educational needs.

 

Governing bodies have legal duties under the 1996 Act to:

 

• use best endeavours in exercising their functions that the necessary special arrangements are made for any pupil who has special educational needs;

 

• ensure that parents are notified by the school when SEN provision is being made for their child;

 

• make sure that the “responsible person” makes all staff who are likely to teach the pupil aware of those needs;

 

• make sure that the teachers are aware of the importance of identifying pupils who have special educational needs and of providing appropriate teaching;

 

• consult the LA and the governing bodies of other schools when it seems necessary to co-ordinate special educational teaching in the area;

 

• make arrangements to allow pupils with special educational needs to join in the everyday activities of the school as far as is practical;

 

• report each year to parents on their policy for pupils with special educational needs;

 

• take account of the SEN Code of Practice when carrying out their duties towards all pupils with special educational needs.

 

N.B. The “responsible person” is generally the head teacher, but may be the chair of the governing body or a governor appointed by the governing body to take that responsibility. If the “responsible person” is the head teacher, it may be helpful for one other governor to have an interest in special educational needs.

 

Special schools

Governing bodies of special schools have legal duties under the 1996 Act to:

 

• use best endeavours in exercising their functions that the necessary special arrangements are made for any pupil who has special educational needs;

 

• make sure that the “responsible person” tells all staff likely to teach the pupil in question about his or her special needs (the person can be the headteacher, but may be the chair of the governing body or a governor appointed by the governing body with that responsibility);

 

• report each year to parents on their policy for pupils with special educational needs;

 

• take account of the Code of Practice when carrying out their duties towards all pupils with special educational needs.

 

Under the Education (Special Educational Needs) (Information) (England) Regulations 1999, governing bodies of all schools must publish information about their SEN policies. These policies must be made freely available to parents.

 

 

 

Relevant extract from the SEN Code of Practice

(The duties apply to all maintained schools including those with nursery classes)

 

The duties of governing bodies

1:16 All maintained school governing bodies have important statutory duties towards pupils with special educational needs. Governing bodies should, with the head teacher, decide the school’s general policy and approach to meeting pupils’ special educational needs for those with and without statements. They must set up appropriate staffing and funding arrangements and oversee the school’s work.

 

1:17 Governors of community, voluntary and foundation schools, and LEAs in relation to maintained nursery schools, have a duty under s317 of the Education Act 1996 to do their best to ensure that the necessary provision is made for pupils with SEN. The School Standards and Framework Act 1998 requires governors to conduct the school with a view to promoting high standards. These high standards relate to all the pupils in the school including those with SEN.

 

1:18 Through the performance management framework the governors should secure that objectives are set for the head teacher. These should include objectives for leadership, management, pupil achievement and progress, and will also relate to priorities in the school development plan. All these objectives should include SEN.

 

1:19 Every school must have a ‘responsible person’ who makes sure that all those who are likely to teach a pupil with a statement of special educational needs are told about the statement. The person is generally the head teacher, but may be the chair of the governing body or a governor appointed by the governing body to take that responsibility.

 

1:20 Most governing bodies appoint a governor or sub-committee to have specific oversight of the school’s arrangements and provision for meeting special educational needs. The SEN governor’s remit does not necessarily need to include the role of ‘responsible person.’

 

1:21 The governing body of a community, voluntary or foundation school must:

 

  • do its best to ensure that the necessary provision is made for any pupil who has special educational needs
  • ensure that, where the ‘responsible person’ – the head teacher or the appropriate governor – has been informed by the LEA that a pupil has special educational needs, those needs are made known to all who are likely to teach them
  • ensure that teachers in the school are aware of the importance of identifying, and providing for, those pupils who have special educational needs
  • consult the LEA and the governing bodies of other schools, when it seems to be necessary or desirable in the interests of co-ordinated special educational provision in the area as a whole
  • ensure that a pupil with special educational needs joins in the activities of the school together with pupils who do not have special educational needs, so far as is reasonably practical and compatible with the child receiving the special educational provision their learning needs call for and the efficient education of the pupils with whom they are educated and the efficient use of resources
  • report to parents on the implementation of the school’s policy for pupils
  • with special educational needs

See Section 317, Education Act 1996

  • have regard to this Code of Practice when carrying out its duties toward all pupils with special educational needs

See Section 313, Education Act 1996

  • ensure that parents are notified of a decision by the school that SEN provision is being made for their child.

See Section 317A, Education Act 1996

 

(LEAs have these duties, where relevant, in relation to maintained nursery schools)

 

 

1:22 Governors play a major part in school self-review and should establish mechanisms to ensure that they are fully informed about the school, including the systems for and the outcomes of in-school monitoring and evaluation. In relation to SEN, the governing body should make sure that:

  • they are fully involved in developing and monitoring the school’s SEN policy
  • all governors, especially any SEN governors, are up-to-date and knowledgeable about the school’s SEN provision, including how funding, equipment and personnel resources are deployed
  • SEN provision is an integral part of the school development plan

·         the quality of SEN provision is continually monitored.