The Children Act: A Challenge for All

The Children Act 1989 comes into force next month. Earlier, in the March 1990 issue of the journal, Philippa Russell, director of the Voluntary Council for Handicapped Children, summarised sections of the Act most relevant to children with special educational needs. In this article she looks more closely at issues to do with assessment, independent residential schools and child protection in the light of the guidance which the Department of Health is issuing on the Act.     

Book Reviews

Special Children: meeting the challenge in the primary school.
Assessment in Speech and Language Therapy
The Visually Impaired: Curricular Access and Entitlement in Further Education.
Empowering Parents and Teachers: Working for Children.
The Children Act and Schools: A Guuide to Good Practice
Pear Tree Tomorrow A detailed video cassette about the dance-movement-therapy work carried out by pupils at Meldreth Manor School under the direction of Hilary Barratt.     

The rights of children and young people under special educational needs legislation in England: an inclusive agenda?

ABSTRACT

In this article we consider the rights of children and young people with special educational needs and disabilities in England, introduced under the Children and Families Act 2014, within the context of the wider reforms made by the Act. Drawing primarily on key informant interviews conducted as part of an ESRC project on Autonomy, Rights and Children with Special Needs: A New Paradigm? (ES/P002641/1), and making reference to the international framework of children’s and disabled persons’ rights, we present an analysis of the (mostly professional) viewpoints gathered and what they tell us about the progress towards the realisation of children and young people’s autonomy and agency in this field.     

美国个别化教育计划的立法演进与发展

1975年,美国颁布的<所有残疾儿童教育法>首次提出要为每位接受特殊教育的特殊儿童制订个别化教育计划(简称IEP).随后,该法案经过了几次修订.每次法案修订时都根据当时的问题或需要调整IEP的要求,然而,这些要求的实现要受到多种因素的影响.本文回顾了30多年来美国IEP相关立法的演变进程,分析了IEP随之发生的变化以及对提供有效的特殊教育及相关服务的影响.     

The Handicapped Children's Protection Act of 1986: time to pay the piper?

The Education for All Handicapped Children Act (EAHCA), Public Law 94-142, provides for a free, appropriate public education for handicapped children, as well as due process procedures. However, the EAHCA does not directly address relief available to parents who successfully allege inappropriate actions by school. In this article, we examine case law that has provided three primary types of relief (injunctive relief, tuition reimbursement, and attorneys' fees) in special education lawsuits. The Supreme Court's decision in Smith v. Robinson, (1984) which removed attorneys' fees for action under the EAHCA, is analyzed. The congressional reaction to Smith v. Robinson and the Handicapped Children's Protection Act of 1986, Public Law 99-372, is described, and case law relying on that act is examined.     

Book Reviews

Book reviewed in this article:
Interactive Approaches to the Education of Children with Severe Learning Difficulties Beryl Smith (ed.)
The Power to Act Adrian Ward
In Special Need Graham Atherton
Special Education in Change Mel Ainscow (ed.)
My Language, Our Language Bernadette Walsh
Children with Hearing Difficulties A. Webster, D. Wood
The Education of People with Profound and Multiple Handicaps, Resource Materials for Staff Training Judy Sebba
Special Educational Needs: Policy and Practice Roy Evans (ed.)
Bilingualism and Learning Disabilities A.C. Willig, H.S. Greenberg (eds.)
Pre-school Provision for Children with Special Needs Brenda Robson     

Inside a hall of mirrors: residential care and the shifting constructions of childhood in mid‐twentieth‐century Britain

Drawing on imagery from promotional literature produced between 1930 and 1960 by the National Children’s Home, a British child welfare charity, this article focuses upon constructions of childhood and child development in the context of residential care for children. It suggests that photographs and their related captions are rich sources through which to explore the significance of time and space for constructions of childhood and to consider the ways in which childhood constitutes and is constituted by ideas of home and family. The article examines the significance of key pieces of legislation, including the 1933 Children and Young Persons Act and the 1948 Children Act, for the representation of children in residential care and identifies the ways in which portrayals of childcare were shaped by wider social and political change. In turn, continuities in concerns about the physical health, education and employability of children in care are traced together with changes in what were understood to be the “natural” spaces and places of childhood. As a whole, the article examines the excess of meanings that were embedded in the portrayal of children without home or family and, through its readings of the imagery, foregrounds the silences, contradictions and paradoxes in the narratives of residential childcare through this 30‐year period.     

Absent Without Leave: state responses to school non‐attendance

ABSTRACT

This paper considers the changing legal context of school attendance, in relation to the Education Reform Act 1988 and the Children Act 1989. The new Children Act seeks to alter legal and welfare approaches to school non‐attendance, and to ‘decriminalise’ truancy by replacing care orders with education supervision orders. The tensions that exist both within new and existing legislation, and between legislation and its implementation by education and welfare agencies are explored. While the Education Reform Act 1988 has no provisions relating specifically to school attendance, measures such as open enrolment and local management of schools impact indirectly on school non‐attendance. The Act has also contributed to the development of local and national initiatives to reduce truancy levels. Finally, the intended and unintended consequences the enforcement of regular school attendance has on the lives of truants is examined. The development of a deviant career is traced, from the initial act of not attending school, through the regulatory and labelling processes of various agencies, to the final state of being out of school and in care.     

The diagnosis of LD in English learners: is it nondiscriminatory?

This study examined the operationalization of one of the key reforms initiated by the Education for All Handicapped Children Act of 1975 (U.S. Congress, 1975) and continued through the 2004 reauthorization of the Individuals with Disabilities Education Act (U.S. Congress, 2004)--namely, nondiscriminatory assessment. The original and current specifications in federal law require that tests be selected and administered so as not to be racially, culturally, or sexually discriminatory. The specific dimensions studied here pertain to the nondiscriminatory diagnosis of learning disabilities (LD) in English learners. A checklist of legal and professional guidelines for making assessments of English learners was used to evaluate 19 psychological reports made on English learners as part of the assessment process for special education eligibility in a small, urban elementary school district in California. The results of this study present a fairly compelling profile of how the writers of psychological reports--school psychologists--do not use extant legal or professional guidelines for making nondiscriminatory assessments of bilingual children.     

Farewell to the tick box inspector? Ofsted and the changing regime of school inspection in England

Since its inception in 1992 Ofsted (The Office for Standards in Education, Children’s Services and Skills) has inspected schools under Section 9 of the Education (Schools) Act 1992; Section 10 of the School Inspections Act 1996; and Section 5 of the Education Act 2005. Pressure on England to improve its system of education has not only emerged from the national need for all schools to serve their pupils well, but has also been prompted by an increasing emphasis on international league tables such as that produced by the OECD (Organisation for Economic Cooperation and Development). In tables such as the Programme for International Student Assessment (PISA), England is viewed as underperforming against comparable countries. As a result, Ofsted has introduced what the agency terms to be one of the most stringent and demanding inspection frameworks since its inception. This framework reduces the previous 29 inspection judgements to just four, purportedly placing a far greater emphasis on the professional judgement of the inspector and representing a major departure from the ‘tick box’ approach which characterised previous frameworks. This paper examines the paradoxical fate of inspector professional judgement and concludes that whilst this may appear to signal a rapprochement between inspectors and teaching profession, there are considerable tensions when professional judgement is considered alongside quality control within a highly complex system. The study concludes that in order that inspection attains credibility as a method by which to govern education, this shift requires a more considered approach to ways in which this professional judgement can be effective within the challenging environment of the English education system.     

The transition to adulthood for autistic young people with additional learning needs: the views and experiences of education professionals in special schools

Education professionals (n = 41) in special schools were interviewed about supporting their autistic pupils transitioning to adulthood following the introduction of the Children and Families Act 2014. Our participants explained how they lacked the time to fully implement knowledge gained from training, leading to growing reliance on experiential expertise. While our participants reported employing a variety of methods to elicit the voices of pupils, they were uncertain how effective and ethical these were. Further, a lack of available opportunities meant that participants felt they could not always support young people in achieving their goals. Based on these findings, we recommend greater investment in the implementation of staff training, more flexibility for schools to be able to meaningfully elicit and act on pupils' voices, and better vocational opportunities for autistic young people with additional learning needs. This would enable the principles of the Act, which have been widely lauded, to become a closer reality.     

英国《学徒制、技能、儿童和学习法案》述评

《学徒制、技能、儿童和学习法案》是英国近年来最为重要的职业教育法案。本文介绍了法案的出台背景;分析了法案的基本框架;并从对学徒制重要文档的规范、职业教育行政管理体系的变化、考试与资格制度的调整以及对员工离职培训的规范四个方面陈述了法案的主要内容;最后分别点评了法案的积极意义及其不足之处。     

Challenges in planning transition to adulthood for young people who have special educational needs and disabilities: professional and managerial perspectives

This study reviewed perceived changes to planning and management of transitions to adulthood for young people with special educational needs and disabilities in three local authorities in England, following implementation of the Children and Families Act (2014). Wenger's ‘community of practice’ theoretical framework was used to examine how groups of professionals and managers working in education, health and social care in three areas, set about implementing selected radical changes required by the legislation. Telephone interviews with sixteen participants were transcribed and subjected to thematic analysis. Themes identified related to professional activity, planning and organisation, implications for young people and families and outcomes. There were indications of shifts in professional conceptualisations and reported practices as a result of the Act. Participants described enhanced cross‐service communication and co‐ordinated working practices, achieved though service restructuring, co‐location and changed lines of accountability. An increased emphasis on long‐term planning and involving young people in planning and decision‐making was evident with regard to defining outcomes, and living and working as an adult. The results are considered in relation to the extent that mandated change can influence attitudes and cultures within communities of practice, contributing to the contemporary theoretical debate to incorporate issues relating to power.     

Special Educational Needs and Disabilities reforms 2014: SENCos’ perspectives of the first six months

The Special Educational Needs and Disabilities (SEND) reforms have been reported as the most significant reforms of their kind for over 30 years. Through the Children and Families Act 2014 the Government is seeking to effect cultural change regarding SEND. The SENCo is responsible for the operational and strategic aspects related to SEND provision within the school and as such could be considered a key implementer of the reforms. This article forms part of a PhD research project which is developing research within the area of SEND policy reform, through exploring and analysing the in‐depth experience of the SENCo as a policy implementer during the first academic year post‐reform. This article discusses the emerging themes from one of the wider data sets which sought to gather the views of SENCos six months after the introduction of SEND reforms and the SEND Code of Practice.     

Primary exclusions: evidence for action

This short report presents the interim findings of an ESRC‐supported study of primary school exclusions. The research to date has involved a questionnaire survey of LEAs nationally and in‐depth case studies, involving schools, parents/carers and children, in two contrasting LEAs. It is first argued that the exclusion from mainstream education of very young children is, in itself, a cause for alarm. Evidence is then presented of rising numbers of exclusions, as well as high levels of unmet educational and/or social need in the majority of cases studied. It is concluded that urgent government action to support children, many of whom were found to be ‘in need’, is not only required under the Children Act 1989, but would actually prove more cost‐effective.     

The making of the dull,deficient and backward pupil in British elementary education 1870–1914

Abstract

Michel Foucault's concept of normalisation is taken as a basis to explore the factors involved in the identification of dull, deficient and backward pupils in British Elementary Education between 1870 and 1914. Normalisation consists of the five processes of comparison, differentiation, hierarchisation, homogenisation and exclusion. These processes operate through dividing practices which distribute groups socially and are supported in this work by scientific ideas. In this instance, the norm of the intellect is the basis of the dividing practices. The empirical focus opens with an examination of the main features of Elementary education. It then moves to consider the deliberations of the Royal Commission on the Blind, Deaf and Dumb, etc (1889) and those of the Departmental Committee on Defective and Epileptic Children (1898). The analysis concludes with a consideration of the consequences of the Elementary Education (Defective and Epileptic Children) Act, 1899, and its effects up until 1914.     

Parental perceptions of the 2014 SEND legislation

The study researched parent’s experiences of The Children and Families Act 2014 in Hull and the East Riding of Yorkshire. A sample of parents using KIDS Services in the area were surveyed by questionnaire, both before and after the legislation came into force. Nearly half of the parents were aware of a change in Special Educational Needs and Disabilities (SEND) legislation; and a third noticed a change in support for their child. Professionals are now more involved in SEND early identification, and most SEND needs were identified at or before the early year stage. The majority of parents thought that the support for their child was either always or sometimes well coordinated. Parents generally felt more involved in the process since the Act, and perceived improvements in educational support. Professional support for parents at diagnosis had increased over the studies, and educational, health and social care needs were generally being met. However, some parents thought that Information, communication and school support needed to improve, and that the voluntary sector was highly regarded. Implications in relation to practice were also made.     

学校情境中的音乐疗法——从音乐治疗师的立场看P.L.94-142前后美国学校情境中音乐疗法的发展

1975年通过并于1978年正式施行的以“回归主流”为主旨的美国P.L.94-142(现为《残障者教育法案》IDEA)使美国学校情境中进行的音乐疗法发生了变化,也给面向特殊儿童的的音乐治疗师提出了新的挑战。本文通过对有关文献资料的分析,阐述了学校情境中的音乐疗法和音乐教育的相互关系,从音乐治疗师的角度,介绍了P.L.94-142实施前后的学校情境中特殊儿童音乐治疗概念和方法的变化与发展过程,在此基础上,对中国音乐疗法在特殊教育领域中的发展提出了几点建议。     

The identification of students with emotional disturbance: Moving the field toward responsible assessment practices

For over 40 years, the special education category Emotional Disturbance (ED) has elicited considerable confusion and controversy for educators. Perhaps most notably, the federal ED definition has been assailed for its inclusion of vague, construct‐laden terminology, coupled with a general lack of clarity or guidance. In this article, we review the salient issues that have surrounded ED since it was first recognized as a disability category under P.L. 94–142 (i.e., the Education for All Handicapped Children Act). Additionally, we offer guidance that is intended to promote responsible and defensible assessment practices, as well as assist school psychologists and other educational professionals to avoid potential clinical judgment errors that may otherwise cloud the eligibility determination process. To conclude, we advocate for comprehensive assessment practices that are conducted in accordance with ethical standards that govern the field of school psychology, and are underpinned by scientific principles with the intent of accurately identifying as well as optimally serving students who are considered for the ED category.     

What's in a Policy? Evaluating the Privacy Policies of Children's Apps and Websites

Although the Children’s Online Privacy Protection Act (COPPA) was enacted 20?years ago, the recently updated General Data Protection Regulation (GDPR) has renewed public interest in privacy policies. Under both COPPA and GDPR, companies must abide by strict regulations protecting children’s personal data. Lengthy and oftentimes ambiguous policies contribute to misinformed users agreeing to terms that might compromise a child’s data. This article provides guidelines for evaluating privacy policies for children that can be used by teachers, parents, and, where appropriate, even the children themselves. Resources from Common Sense Education, including free digital citizenship lesson plans and a review repository of popular apps and websites for children, are also highlighted.