1.2.1 Aims, objectives, values, principles
In Northern Ireland, special educational needs (SEN) provision is matched to individual needs. It may be made in mainstream classes, special units attached to mainstream schools, or in special schools.4
In Northern Ireland there are 48 special schools (including three hospital schools) and 173 special units attached to around 100 mainstream schools which cater for a wide range of special educational needs. The five Education and Library Boards (ELBs) also operate specialist ‘outreach’ support services for children with literacy problems and behaviour difficulties. 4, 37
Legislation
Education for children with special educational needs within the United Kingdom first consisted of individual and charitable enterprises. Schools for blind and deaf children were established, followed by schools for the physically and mentally handicapped. Over time, successive governments supported this voluntary effort which led to the establishment of a national framework of partnerships between public and voluntary agencies.1
The 1978 Warnock Report 9 initiated a change in thinking about the educational requirements of children with special needs. Consequently, terms such as ‘handicapped’ and ‘educationally subnormal’ were removed from the terminology and replaced with ‘special educational need’. These legislative changes were implemented within the Northern Ireland education system through the 1986 Education and Libraries (NI) Order 10. This required that all children and young people up to 19 years of age should be provided with suitable education, regardless of ability or disability. The Order further stipulated that Education and Library Boards (ELBs) have a duty to identify and assess children in their area who have special educational needs. Whilst this order promoted the inclusion of all children with special educational needs in mainstream schooling, it also allowed for provision to be made in mainstream, primary or secondary special units or day residential special schools. 11
In 1991, Northern Ireland adopted the United Nations Convention on the rights of the child. This states that the disabled child should have effective access to education, which encourages the fullest social integration and individual development. Following this, various pieces of legislation including the Children (Northern Ireland) Order 1995 12 have increased the rights of parents to have more choice in the education and welfare of their children. In addition, the 1995 Disability Discrimination Act 13 provided comprehensible and enforceable civil rights for disabled people. 11
The 1996 Education (Northern Ireland) Order 2 placed emphasis on the education of children with SEN alongside their peers in mainstream schools wherever possible. This Order also provided a legal framework for the assessment and development of special educational provision through the Code of Practice (see below) which all schools and educational authorities are legally obligated to adhere to. However, provision of special education is dependent on it not impacting adversely on other children in the class and on the efficient use of resources. 11
With the introduction of the 1996 Order came the requirement for schools to draw up policies and arrangements for students with special educational needs. Education and Library Boards were also required to advise and consult parents concerning their preferences of provision for their children. 11
In 1997, further regulations stated that parents had to be consulted when a statement of special educational needs was being drawn up and advice sought from psychologists and other relevant personnel. 11
Special Educational Needs and Disability (Northern Ireland) Order 2005 (SENDO)
Consultation during the period 2002 – 2004 resulted in new special educational needs legislation in Northern Ireland. The Special Educational Needs and Disability (Northern Ireland) Order 2005 (SENDO) 3 , which came into operation on 1st September 2005, aims to strengthen the rights of children with special educational needs to be educated in mainstream schools stipulating that students with SEN must be educated in mainstream schools unless this is against the parents’ wishes or would have a negative effect on the education of other children. 8
In detail, the new legislation:
Strengthens the right to a mainstream school place for children with a statement of special educational needs, where parents agree and it is compatible with the efficient education of others. Requires Education and Library Boards (ELBs) to provide advice and dispute resolution services to parents. Prevents schools from discriminating against children who have disabilities in their admissions arrangements. Ensures that schools take responsibility for ensuring that students with disabilities are not placed at substantial disadvantage in comparison to other students, with regard to the education and associated services provided to them. Ensures that Education and Library Boards (ELBs) and schools produce accessibility strategies and plans respectively for making their buildings and curriculum more accessible over time. Ensures that the special educational needs tribunal hears disability discrimination cases. Prohibits institutions of further and higher education from discriminating against people who have disabilities in their admissions arrangements, and in the education and the associated services provided. 8
Other documentation which has impacted upon inclusion and education policy in relation to special education provision includes the Department of Education’s strategic plans. The 1996 – 2000 plan aimed to alleviate social disadvantage of certain groups of people, including those with disabilities. The new strategic plan (2000 – 2006) draws on the aspirations of all those who are interested, to produce a common vision for the education service and to promote suitable education for each individual student. 11
Students with special educational needs
The Education (Northern Ireland) Order 1996 2, states that a child has special educational needs (SEN) if he or she has a learning difficulty which calls for special educational provision to be made for them. Such provision is required when a child:
Has significantly greater difficulty in learning than the majority of children of his or her age. Has a disability which either prevents or hinders him or her from making use of educational facilities of a kind generally provided for children of his/her age. Is under the age of 5 years and is, or would be if special educational provision were not made for him or her, likely to fall within either of the above paragraphs when over that age. 1
Special educational provision is provision which adds to, or differs from, the provision made generally for students of the same age in mainstream schools. In the case of children under 2 years of age, the Act defines special education as educational provision of any kind. 1
Students who need special help may be those with severe intellectual or physical disability, such as limited intellectual capacity, blindness of deafness, or those who have a milder form of disability. 1
Codes of practice
Code of Practice on the Identification and Assessment of Special Educational Needs and 2005 Supplement
The Northern Ireland ‘Code of Practice on the Identification and Assessment of Special Educational Needs’ (DENI, 1998) 7 came into operation in September 1998. It provides guidance on the identification and assessment of special educational needs (SEN) as well as the organisation and management of SEN in mainstream schools. Education and Library Boards (ELBs) and boards of governors have a statutory duty to have regard to the provisions of this Code. The Code of Practice addresses all types of learning difficulties ranging from children with short term problems where appropriate classroom provision may meet their needs, to the most severe cases where a statement of special educational needs and specialised teaching equipment or other provision may be needed.
Essential practices and procedures which the Code embodies are that:
Children with special educational needs should be identified as early as possible and assessed as quickly as is consistent with thoroughness. Provision for children with special educational needs should be made by the most appropriate agency. In most cases this will be the child’s mainstream school, working in partnership with parents, and no statutory assessment will be necessary. Education and Library Boards (ELBs) should complete assessments and statements of special educational needs as quickly as thorough consideration of the issues allows. ELBs must produce clear and thorough statements, setting out the child’s educational and non-educational needs, the objectives to be secured, the provision to be made and the arrangements for monitoring and review. They must ensure the annual review of the special educational provision made for the child and the monitoring and revision of educational targets. The ascertainable wishes of the child should be considered in light of his or her age and understanding. There must be close cooperation between all agencies concerned and a multidisciplinary approach to the resolution of issues. 1
The Code sets out a five stage approach to the identification of children having learning difficulties, the assessment of their special educational needs and the making of whatever special educational needs provision is necessary to meet these needs. The first three stages are based in the school, calling on external specialists as necessary; at stages 4 and 5 the ELB shares responsibility with schools. 7
Stage 1: teachers identify and register a child’s special educational needs and, consulting the school’s SEN coordinator, take initial action.
Stage 2: the SEN coordinator takes lead responsibility for collecting and recording information and for coordinating the child’s special educational provision, working with the child’s teachers.
Stage 3: teachers and the SEN coordinator are supported by specialists from outside the school.
Stage 4: the ELB considers the need for a statutory assessment and, if appropriate, makes a multi-disciplinary assessment.
Stage 5: the ELB considers the need for a statement of special educational needs; if appropriate, it makes a statement and arranges, monitors and reviews provision. 7
Supplement to the Code
As a result of the Special Educational Needs and Disability (Northern Ireland) Order 2005 (SENDO) 3 (see above), a Supplement to the existing 'Code of Practice on the Identification and Assessment of Special Educational Needs' has been produced, which took effect from September 2005. 8 This is available online at http://www.deni.gov.uk/supplement.pdf.
Disability Discrimination Code of Practice for Schools
The Code of Practice for Schools, produced by the Equality Commission for Northern Ireland in 2006, explains the duties placed upon schools. It explains how the 2005 Special Educational Needs and Disability Order (SENDO) (see above) makes it unlawful for bodies responsible for the provision of education and other associated services to discriminate against disabled students and prospective students. SENDO makes it unlawful to treat disabled people less favourably because of their disability, and to make 'reasonable adjustments' to ensure that, where reasonable, education is fully accessible to disabled people and to ensure victimisation does not occur. 8
This information is intended to provide the background context of structure and control, within which the curriculum and assessment frameworks are implemented.
Special Olympics’ School Enrichment ProgramThe Special Olympics’ School Enrichment Programme is a specially designed course which deals with various aspects of disability awareness. The programme is aimed at increasing current knowledge concerning people with learning disabilities, thus promoting a more positive approach towards them. The programme also increases students’ understanding of the potential of individuals with learning disabilities within sport. The programme began running in 2003, within primary and post-primary schools in Northern Ireland. 14 15
New centres for children with autistic spectrum disorder
In September 2005 it was announced that four new Learning Support Centres for children with autistic spectrum disorder would be opened in Northern Ireland. In addition, a Learning Support Centre for children with moderate learning difficulties is to be set up. These centres aim to provide tailored provision for children and to help assist their integration into mainstream education in line with the aims of the Special Educational Needs and Disability (Northern Ireland) Order 2005 3 (see section 1.2.1) 33