Special Needs

The policy in the last 20 to 30 years has been to accommodate children with special educational needs in mainstream education. A child with a learning difficulty is one who has significantly greater difficulty in learning than the majority of children of that age or has a disability that prevents or hinders him from making use of educational activities of a kind generally provided at schools for children of his age.

Schools must not treat disabled pupils less favorably without justification for a reason related to their disability. A disability is a child with a physical or mental impairment that has a substantial and longer-term adverse effect on his ability to carry out normal day-to-day activities.

Education and Library Boards must decide and keep under review their policies in relation to special educational needs provision. They must make arrangements for special education provision. They must identify and assess children between two and 19 years who may or appear to have special educational needs.

The special educational provision is determined with reference to the child’s learning difficulty.

The Education and Library Board must provide in relation to a child for whom a statement of special educational needs is in place and who is to be educated in ordinary schools: that the child receives special education, which his learning difficulty requires; efficient education is provided for the children with whom he will be educated, and that resources are used efficiently. The legislation is the Special Educational Needs and Disability (Northern Ireland) Order 2005.

Incompatibility with efficient education will exist where the Education and Library Board can show that no reasonable steps can be taken to facilitate inclusion of a child with special needs in an ordinary school. The child must be included in the activities of the school together with other children insofar as this is reasonably practicable.

Separate specialist education may be provided where required and where parents wish it. Special provision may be made within ordinary schools by way of extra help and support, either within the classroom or attending specially units or class within the mainstream school.

Education and Library Boards may make special educational provision outside of Northern Ireland or other than in grant-aided schools, provided this is compatible with efficient use of resources. It may pay fees, maintenance, and traveling expenses.

There is a code of practice on identifying and assessing special educational needs. This sets out responsibilities of schools. Policies must be reviewed and annual reports made to parents. It sets out specific duties to pupils with special needs, whether or not the subject of a statement of special needs.

The process begins with a teacher identifying potential need for special education needs and must notify the school’s appointed, co-coordinator, and parent. The coordinator and parents and teacher in consultation with parents are to draw up an individual education plan or target and actions. The plan is to be reviewed and supported by specialists from the ELB. The child is referred to the ELB for a statutory assessment and in the terms of a statement of special education needs is required.

The parents are to be notified of formal assessment and provided with information on the procedures. They are to be given an ELB officer liaison. They may make representations and submit evidence within a period from the notice.

The Board must seek appropriate medical, psychological, and educational advice. It must consult the school’s principal and teacher. Parents must be consulted through the process. They may be entitled that examinations conducted for the purpose of the assessment. The child is encouraged to contribute.

The majority of children with special education needs are not the subject of a formal statutory assessment and statement. The school must use its best endeavor to ensure that special education provision is made for children with learning difficulty who have not been assessed and formally the subject of a statement. They must be communicated to the relevant teachers.

The school special needs coordinator and class teacher must prepare an individual education plan for children of Stage 2 and above. Parents are to be consulted. If they are unsatisfied, they may require a formal request for assessment. They may appeal to the below-mentioned tribunal.

A statement of special education needs sets out what a child and the ELB intend to do to make provision for the child’s educational need. It provides for their needs identified, special assistance, non-educational needs, and supports.

Parents must be allowed to comment on the draft. They are entitled to copies of advice and evidence used to reach the decision. They are entitled to a meeting to discuss.

The Education and Library Board may name a school or type of school if the parents propose suitable alternative arrangements. The ELB is to ensure that the Board of Governors of the school at which the child is to be placed makes necessary provision for the child’s needs. Statements are to be reviewed annually at meetings with parents.

Parents have a right of appeal to the Special Education Needs Tribunal. The Special Educational Needs and Disability Tribunal for Northern Ireland may hear claims if the responsible body has discriminated against the person in a way in which it is unlawful. An appeal may be made in the context of special education needs.

The appeal may be made against any part of the statement. It may be against refusals by the ELB to specific changes, for example, a change, the named school requests for reassessment. Reassessment does not amend the statement. There is a provision for a conciliation service.

Appeals are made in writing within two months after the decision. The tribunal may determine the appeal without a hearing if the parents and Board agree. Otherwise, there will be an oral hearing.

Parents may represent themselves or be represented. The parties are entitled to give written and oral evidence and may call up to two witnesses. Limited legal aid may be required, but this may not cover the cost of experts.

The voice of  the child should be heard insofar as he is capable of expressing and forming views in accordance with his age and maturity. The decision of the tribunal may be appealed to the High Court on a point of law within 21 days.