SEND reforms for staff and governors presentation

Report
A DfE presentation
pack for staff and
governors in further
education
The 0-25 Special Educational Needs and Disability
Reforms
Overview of the slides
 The SEND reforms require a whole college approach to
students with special educational needs and disabilities. It is
essential that the whole college community - governors,
teaching and non-teaching staff, young people and parents understand what the reforms mean for them.
 This slide pack has been designed to help college leaders
engage staff and governors so that they understand what is
changing – and to choose which slides are most useful for
different audiences. It is not formal department guidance.
Colleges should feel free to adapt and tailor slides to suit
their own needs.
The reform vision: joined up support
across education, health and care,
from 0 to 25

Participation of children, their parents and young people in decision- making.

Early identification of children and young people’s needs and early intervention
to support them.

Greater choice and control for young people and parents over support.

Collaboration between education, health and social care services to provide
support.

High quality provision to meet the needs of children and young people with
SEND.

Focus on inclusive practice and removing barriers to learning.

Successful preparation for adulthood, including independent living, community
participation and employment.
The case for change
Employment rates are
poor: 46% of people with
disabilities are in employment
compared to 76% nondisabled. And only 7% of
those with learning difficulties
are employed.
The system is service
driven rather than
person-centred .
Young people with SEN are
more likely to be NEET (30%
of young people with
statements of SEN at 16 are
NEET at 18, compared to
13% without SEN)
Too many young
people have their
needs picked
up too late.
Families feel they have
to fight for the support and
co-ordination between
services that their children
need.
There are two separate
systems: one for school
and one for FE, with a ‘cliff
edge’ for many at 16 and
19.
Neither system focuses
enough on life outcomes such
as employment, community
participation and independent
living.
Children and Families Act 2014: key
changes

New 0-25 SEND Code of Practice – applicable to post-16 settings as well as
schools

Local authorities must publish Local Offer of services

Joint commissioning between education, health and social car

New Education Health and Care (EHC) plans replace statements and Learning
Difficulty Assessments (LDAs)

Personal budgets offered as part of EHC plans

Young people aged 16-25 in FE can appeal to SEND tribunal

Strong focus on preparing for adulthood, including employment
New legal duties for providers
FE colleges, sixth form colleges, 16-19 Academies and approved
independent specialist colleges will have new duties under the Act:
To co-operate with the local authority (a reciprocal duty)
To admit a young person, where the college is named in their EHC plan
To have regard to the new 0-25 SEND Code of Practice
(mainstream providers only) to use their ‘best endeavours’ to secure the
SEN provision the young person needs.
6
Reform in practice: The local offer

From September 2014, each local authority must publish a local offer,
setting out provision for children and young people with SEN or disabilities.

The local offer must also include services to support children and young
people to prepare for adulthood. Local authorities have a duty to involve
post-16 providers in preparing the local offer and must include out-of-county
provision where appropriate.

Regulations and the SEND Code of Practice outline who local authorities
must consult in developing and reviewing their local offer - many authorities
are working with their parent carer forums and other organisations, including
young people, to ‘co-produce’ their local offer

Colleges need to continue to work closely with local authorities to develop
and contribute to the local offer.

The local offer must provide information to all children and young people
with SEN or disabilities - support that is available from the college’s own
resources should be included.
Reform in practice: EHC assessment and
plans
•
From 1 September post-16 providers can request an
assessment of education, health and care needs.
•
EHC plans must be produced with young people, with the
young person as the key decision maker.
•
Young people with EHC plans can ask for a college to be
named in their plan – but the LA must consult the college about
this and consider its suitability.
•
The college will contribute to the development of the plan,
particularly supporting aspirations and preparing for adulthood.
•
EHC plans must be reviewed annually and, from age 13 (Yr9)
must include preparing for adulthood
•
Colleges should work with local authorities and schools on the
EHC assessment and planning process.
•
Colleges should inform young people about the EHC plan
process, particularly their role in developing the plan.
•
Colleges need to consider how they will meet duties to use
best endeavours to secure special educational provision and to
take reasonable steps to ensure inclusion.
In Greenwich, families are setting up
password-protected websites
personalised with music, short films
and written reports to bring their EHC
plans to life. Professionals regularly
post video clips and other information
to keep the plan up to date.
8
Reform in practice: Personal budgets

A personal budget is an amount of money identified to deliver parts of the provision set out in an EHC plan.
Families can request a personal budget as part of the planning process (in drawing up Plan or at Annual
Review).

Can include funding from education, health and social care – in education, funding for personal budgets will
be for more specialist or individualised provision (funded through the high needs block) rather than services
the college is expected to provide as part of their mainstream provision.

A local authority must secure a college’s agreement where any provision, bought by the parent/young person
using a direct payment, will be provided on the college’s premises.

Colleges should personalise the support they provide and may wish to consider contributing their own funding
to a Personal Budget (some colleges have made innovative arrangements with young people, giving them
direct payments).

Colleges should also inform young people about their right to a personal budget and may need to support
them in accessing the funds.

More information around personal budgets can be found on the SEND pathfinders website.
In Hartlepool, personal budgets are being used to fund work placements. Claire
hopes to work with animals in the future and is using her personal budget to fund a 10
week placement at a local charity with a small animal farm. The LA helped Claire
and her mum negotiate terms and Claire is now using the personal budget to pay for
support from a member of staff from the charity, at a cost of £15 per hour.
9
Reform in practice: Transition from learning
difficulty assessments

Children and young people who have a statement or receive provision in further education as a result of a
LDA will be transferred to the new system gradually:

young people in further education with an LDA will transfer to the new system by 1 September 2016;
and

children and young people with a statement will transfer by 1 April 2018.

The legislation relating to statements and LDAs will remain in force during the transition period.

Local authorities will be expected to transfer children and young people to the new system in advance of
key transition points in their education such as when they move from secondary school to college. Young
people and parents should know when they will transfer to an EHCP.

There will be Independent Supporters on hand for families who need them, to help make the transfer as
simple as possible.

Colleges will need to review admissions procedures during the transition period and agree referral
arrangements with local authorities for young people that come direct to the college with a statement or
LDA.
Reform in practice: SEN support
Under the new Code of Practice, SEN support is being introduced into further education, sixth form
and specialist colleges. This means that where a student has a learning difficulty or disability that calls
for special educational provision, a mainstream college must use its best endeavours to put
appropriate support in place. Young people should be supported to participate in discussions about
their aspirations, their needs, and the support they think will help them best. Support should be aimed
at promoting student independence and enabling the young person to make good progress towards
employment and/or higher education, independent living, good health and participating in the
community.
In practical terms, this means colleges will have:
 worked with students with SEN and disabilities and their families to put in place arrangements
(or structures) on how they will regularly engage and discuss progress
 explored how they will monitor and track the progress and development of young people with
SEN and disabilities and identify and deliver any training needed by staff;
and will be ready in September to:
 support new and continuing students through SEN support, using person centred approaches,
and working with families
 record all those who need special educational provision in the Individualised Learner Record.
Reform in practice: Preparation for
adulthood
Support needs to start early and should centre around the child or young
person’s own aspirations, interests and needs to enable children and young
people to achieve their ambitions in relation to:
 Higher education and/or employment - including exploring different
employment options, such as support for becoming self-employed and help
from supported employment agencies;
 Independent living - enabling people to have choice and control over their
lives and the support they receive and their accommodation and living
arrangements, including supported living;
 Participating in society - including having friends and supportive
relationships, and participating in, and contributing to, the local community; and
 Being as healthy as possible in adult life.
Reform in practice: High needs funding for
Post-16 institutions

For funding purposes, a high needs student is defined as:
 A young person aged 16-18 who requires additional support costing over £6,000; and
 Any young person aged 19-25 subject to a Learning Difficulty Assessment (LDA) or, from
September 2014, an Education, Health and Care plan (EHC plan) who requires additional
support costing over £6,000.

Students with support costs of less than £6,000 will be funded through the disadvantage pot within an
institution’s 16-19 funding allocation.

High needs funding for 16 to 25 year olds consists of both place funding (Elements 1 and 2) and top up
funding (Element 3). In all instances, top up funding (Element 3) has to be agreed by the local
authority with an institution, and a contract must be in place between the two parties. If the local authority
does not agree to pay top up funding for a student, then they are not counted as high needs for funding
purposes. Providers must not charge fees for those aged 19-25 with LDAs or EHC plans.

For high needs students over the age of 25, the Skills Funding Agency (SFA) assumes the
responsibility for commissioning and contracting provision. However, EHC plans can be extended until the
end of the Academic year in which a young person turns 25 (the local authority’s decision) in which case
they remain within the remit of the EFA.

Further information can be found on the Education Funding Agency website and their Additional
Information document (links at the end)
Reform in practice: other support for 19 to
25 year olds

Colleges are funded by the Skills Funding Agency for all students aged 19 and over who do not
have an LDA or EHC plan, including those who declare a learning difficulty or disability.

Colleges are still required to use best endeavours to secure the necessary special educational
provision for young adults without a plan.

Students who were funded by the Education Funding Agency and become the responsibility of the Skills
Funding Agency for continuing learning aims will continue to receive Learning Support at the same level.

Exceptional Learning Support is available for adult learners with support needs that cost more than
£19,000 - colleges seeking to claim support above £19,000 for students aged 19 to 24 without an EHC
plan will have to confirm to the Skills Funding Agency why the learner does not have a plan

Apprentices aged 19 to 25 with EHC plans are fully funded on the same terms and funding rates as
16 to 18 year old apprentices.
What does success look like?
Positive outcomes for
young people and their
families
Positive experience of
Effective preparation for
the system for young
adulthood
people and their families
• Improved attainment
• Planned and well
•
and progression of
managed transition at
students with SEND.
key points – particularly
• Increase in the
from school to college
percentage of KS5
and from college into
SEND cohort going to,
adulthood.
•
or remaining in,
• Parents and young
Education, Employment
people get the right
and Training
support at the right time
(destination measures)
and feel that they are
• Young people and their
listened to and in
families know what
control of their choices,
support there is and
decisions and
how to access it.
opportunities.
•
Conversations about
future aspirations start
early – at least by Year
9 Review (with colleges
being involved)
Increase in
opportunities for young
people to participate in
programmes to help
employability – e.g.
apprenticeships,
traineeships and
supported internships.
More young people
able to live
independently postcollege and participate
fully in the community.
What should providers be doing?
A lead should be
overseeing implementation
of the reforms.
The college should be
working closely with local
authorities and be reflected
in the Local Offer.
Colleges should be using
flexibility offered by 16-19
study programmes to tailor
packages for YP with
SEND.
The college should be
developing partnerships
with schools to support
transition planning.
Sessions should be held to
ensure all staff are aware of
the new SEND Code of
Practice and how it affects
them.
All young people with
SEND and their parents
should be aware of the
reforms and what they
mean for them.
Colleges should be
considering workforce
development needs– e.g.
developing person-centred
planning.
Colleges should be working
with local authorities on the
EHC assessment and
planning process.
Colleges should be
developing links to support
the employment and
independent living
pathways.
What the reforms mean for Principals
Principals should:

Take overall responsibility for implementing the SEND reforms.

Ensure the wider college community understands the implications of the
reforms – and consider the support and training they may need.

Develop relationships with local authorities, schools, health and social care.

Put in place arrangements to ensure that young people and parents are
regularly engaged in discussions about progress and that young people’s
feedback is used to improve provision.

Explore the support in place for pupils with SEN and disabilities at key
transition points – e.g. from school to college and college to adult life .

Fundamentally review the deployment of learning support staff and their
contribution to maximising the progress of students with SEN and disabilities.
What the reforms mean for tutors
Teachers and tutors are at the heart of the new SEND support system, with
the support and guidance of specialist staff.
Teachers/tutors should:
 Focus on outcomes for the young person: be clear about the outcome
wanted from any SEN support.
 Be responsible for meeting special educational needs: use SEN and
disability specialists and learning support assistants strategically to
deliver high-quality, differentiated teaching, evaluate the quality of
support and contribute to school improvement.
 Have high aspirations for every student: set clear progress targets for
students and be clear about how the full range of resources are going to
help reach them.
 Involve young people and parents in planning and reviewing progress:
Seek their views and provide regular updates on progress.
What the reforms mean for governors

Governing bodies hold the overall responsibility for ensuring that the new legal
duties in relation to SEND (slide 7) are met by the college.

Governors must have regard to the SEND Code of Practice, should oversee the
implementation of the reforms and provide strategic support to the college Principal and
senior leadership team.
Questions that governors may want to ask:
 Are young people with SEND being offered the best opportunities to progress into
adulthood with paid employment, independent living, good health and community
inclusion – for example, does the college offer supported internships, apprenticeships,
traineeships etc.?
 Are young people with SEND being offered personalised study programmes, and
access to mainstream courses?
 Is the progress of young people with SEND adequately tracked and is there data to
support this (including benchmarking)?
 In future years – will the college’s data recording be sufficiently robust to evidence
that outcomes have improved for young people with SEND – e.g. destination
measures published in 2018 will pertain to students leaving in summer 2015, a year
after the reforms have kicked in.
Further Information
The SEN gateway provides access to all information, training materials and advice
funded by DfE and produced by voluntary and community organisations to develop
at www.nasen.org.uk
Visit the pathfinder website at www.SENDpathfinder.co.uk for case studies, video
clips, evaluation reports and information about delivery partners who are supporting
the reforms.
Access the Preparing for Adulthood support materials:
www.preparingforadulthood.org.uk
The April FE implementation pack:
https://www.gov.uk/government/publications/implementing-the-0-to-25-specialneeds-system-further-education
Quick Guide to the Code for FE: https://www.gov.uk/government/publications/sendguide-for-further-education-providers
Further Information (cont.)
AoC – case studies and materials from recent events on the reforms:
https://www.aoc.co.uk/teaching-and-learning/sen/projects
ETF excellence gateway SEN platform (good practice examples) http://send.excellencegateway.org.uk/
ACETT FE Networks - https://www.acett.org.uk
Supported Internships:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/31667
6/Supported_internships.pdf
EFA HNS webpage- https://www.gov.uk/16-to-19-education-high-needs-funding
16 – 25 High Needs Funding: Additional Information https://www.gov.uk/government/publications/16-to-25-high-needs-funding-additionalinformation

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