Approaches to dispute resolution in additional support needs in Scotland

The Education (Additional Support for Learning) (Scotland) Act 2004 aimed, among other things, to increase parents’ rights in relation to the education of their children. In addition to the creation of the Additional Supports Needs Tribunals for Scotland, parents were given new rights to challenge local authority decisions through mediation and independent adjudication. In line with the wider social policy thrust of encouraging proportionate dispute resolution, low‐level resolution of disputes at school and local authority level was also encouraged. This paper uses key informant interviews to explore the views of new dispute resolution arrangements, and whether the balance of power has indeed tipped in favour of parents. Local education authority officers expressed some concerns about the new measures, and were particularly critical of the tribunal on the grounds that it was expensive and stressful, although the role it might play in tightening up procedures was also recognised. Advocacy groups and parents’ organisations, on the other hand, welcomed the new measures but were concerned about the rules restricting access to the tribunal and the fact that the outcome of mediation and adjudications were not legally binding. They were also concerned about limited access to information and advocacy. Overall, key informants believed that the new measures had advanced parents’ rights to some extent, although further changes were needed to achieve a radical shift away from the post‐war dominance of bureaucracy and professionalism in Scotland.     

School variation in youth transitions in Ireland,Scotland and the Netherlands

In recent years there has been a growing interest in the comparative study of youth transitions. National and international studies have analysed the role of individual and institutional (education and labour market) factors in shaping the transition from school to the labour market. Using data drawn from a cross‐national database of secondary school leavers and multilevel modelling, this paper aims to improve upon the existing research through the analysis of the effect of school factors (as well as individual factors) on pupils' post‐school outcomes. Results show that school variations in pupils' post‐school outcomes are mainly accounted for by curriculum type in the Netherlands, individual factors in Scotland and a mix of individual and school factors in Ireland.     

Improving the educational experience of children and young people in public care: a Scottish perspective

The context for this paper relates to the policy and practice implications of efforts to achieve social justice for Scotland’s 12,000 children and young people in the care of local government authorities. The paper is located within a growing evidence base of the educational experience of young people in care and leaving care. The data on attainment and exclusion from school in particular are reviewed and confirm that looked‐after children in Scotland, as elsewhere in the UK, typically leave education with significantly fewer school leaving qualifications than is now the common expectation for young people in their age group and are significantly more likely to lose time in school due to exclusion. However, the review also shows the devastating impact of being in care on young children’s attainment in reading, writing and mathematics. The implications of the data reviewed are discussed in relation to the concepts of social justice, resilience and the educationally rich environment.     

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.     

Policies on special needs education: competing strategies and discourses

This paper critically examines the array of policy approaches that have been adopted in the field of special needs education in Scotland over recent years. These are characterized in the following ways: (1) supporting or changing the child—an individualized approach; (2) making schools inclusive for all—a systems approach; (3) challenging the mainstream—an anti‐discrimination approach. Each approach creates different distributions of power, accountability and resource allocation. They formulate categories and eligibility requirements that can both include and exclude children (and their parents), and create rights and duties with varied potential and limitations. Thus, the policy approaches may aver their promotion of inclusion but, in fact, they create a new quilt of inclusive and exclusive policies and practice. This is further examined through the analysis of official statistics, which suggests that there has been little difference in the proportion of children who are excluded spatially from mainstream schools and classrooms. Recent legislation, the Education (Additional Support for Learning) (Scotland) Act 2004, claims to underpin a radical new approach to promoting inclusion. However, many features of the Act suggest that it will reinforce the power of professional groups, rather than investing more power in children and their parents. There is a real danger that, whilst policy frameworks shift, practices remain the same as a result of inertia and resistance to change.     

‘In transition’: choice and the children of New Zealand’s economic reforms

New Zealand’s rapid emergence as a late‐modern, neo‐liberal society following 1984 led to a transformation in the institutional infrastructure for youth transitions from school to post‐school worlds. Our research focuses on the ways that young people born after 1984 craft identities in transition. We investigate their perspectives on transition in their last year of school, and the processes by which they make choices about post‐school destinations. In particular, we examine the extent to which the transitions they negotiate are shaped by the institutional infrastructure for transition established by policy. Expecting some degree of mismatch between the complexities of participants’ lives and the linear transition process implicit in policy, we found instead a combination of traditional assumptions (that transition would be a straightforward, linear process) and late‐modern assumptions (about the construction of elective biographies through active choice). These combined to produce a particular perception of risk among participants.     

‘The more things change…?’: the Thatcher years and educational reform in Scotland

The period of the Thatcher Government continues to have special significance for politics and governance in Scotland. In the 11 years of the Thatcher Government, landmark legislation and reforms affected key areas of the Scottish society and economy. Education featured prominently in the Thatcherite agenda in Scotland. In Scotland, the education system’s association with national identity had particular implications for educational policy making and implementation in Scotland under the Thatcher Government. The distinctiveness of the Scottish education system presented particular problems for a government intent on challenging the social democratic consensus. Opposition to the Thatcher Government, especially its perceived attack on the social democratic underpinnings of the welfare state which included the state schooling system, re‐ignited the home rule campaign in Scotland in the late 1980s. The article examines both key legislation, namely the Education (Scotland) Act 1981, the School Board (Scotland) Act 1988 and the Self‐Governing Schools etc. (Scotland) Act 1989, and also key non‐legislative reforms to curriculum and assessment under the Thatcher Government in the area of public (state) schooling. The article argues that these reforms continue to influence the educational policy debates in Scotland today.     

From Transition to Work lives: time to integrate student support systems

Abstract

This paper is a discussion of the difficulties individuals who have disabilities face when they leave US federally funded public school programs. Exemplary programs from several sources outside public education are described as models for collaboration. Suggestions are provided for ways in which special education programs in the public schools can promote adherence to the Americans with Disabilities Act for their students in the transition from school to post‐secondary school and work. Other programs are highlighted that provide supportive practices that are viewed as necessary to meet the needs of students in schools and in preparation for post‐school life.     

‘Close the door on your way out’: parent perspectives on supported transition planning for young people with Special Educational Needs and Disabilities in Ireland

Students with Special Educational Needs and Disabilities encounter complex and circuitous transitions from post‐primary settings to Higher Education. In Ireland, inequitable access to Individual Education Plans, and a lack of policy infrastructure to provide formal transition planning, means that these journeys are varied and uncertain. This study presents findings from surveys completed by parents supporting students with disabilities in their final 3 years of mainstream secondary school (n = 69), and in‐depth interviews with a self‐selected subset of parents (n = 8). Results point to: (i) disparate levels and quality of support and guidance, (ii) fissures in communication channels between parents and schools, (iii) insufficient awareness and understanding of the interplay between disability and successful post‐school outcomes, and (iv) high levels of stress, anxiety and frustration experienced by students, parents and carers.     

Reflections on policy and practice of inclusive education in pre‐primary schools in Cyprus

In July 1999 the House of Parliament in Cyprus passed the Education Act for Children with Special Needs, according to which all children have the right to be educated in their neighbouring regular school together with their age‐mates. An important component of this law is that it introduces, for the first time, inclusive education into pre‐primary education. A child can be considered as having special needs only when he/she has attained the age of 3 years or older. The purpose of this paper is to examine how the policy of inclusive education is implemented in pre‐primary schools in ­Cyprus, to investigate whether some children are still marginalized (after the implementation of the new law) and, if they are, to identify factors influencing marginalization or acting as a barrier to inclusion. We also briefly present the results from a study we conducted that supports the discussion of the issues raised in this paper.     

The biggest extension of rights in Europe? Needs,rights and children with additional support needs in Scotland

ABSTRACT

The Education (Additional Support for Learning) (Scotland) Act 2004 boosted the rights of parents of children with additional support needs (ASN) by improving access to information, instituting a Code of Practice and establishing new redress mechanisms such as the ASN Tribunal and independent mediation. More than a decade later, Scottish legislation enacted in 2016 and implemented in 2018 attempted to increase children’s rights, broadly placing them on a par with those of parents and young people. This paper draws on data from an ESRC project entitled Autonomy, Rights and Children with Special Needs: A New Paradigm? (ES/P002641/1). Analysis of Scottish Government policy and legislation, key informant interviews and official statistics are used to examine the extent to which the new rights are likely to be realised in practice, given the complexity of the legislation and competition between discourses of needs, broadly synonymous with the wellbeing agenda and rights. The paper concludes with a discussion of the lessons which may be learnt from the Scottish experience, which will be of interest to an international audience.     

The experiences of disabled pupils and their families

In this article, Ann Lewis, Professor of Education at the University of Birmingham, and Ian Davison, Jean Ellins, Louise Niblett, Sarah Parsons, Christopher Robertson and Jeremy Sharpe from the research team provide a summary of discussions and selected recommendations arising from four linked projects run between 2004 and 2006. The projects were funded by the Disability Rights Commission (DRC) and looked into the experiences of disabled pupils and their families across England, Scotland and Wales. A central aim of the research was to identify the key concerns and priorities in relation to their experiences of education for children and young people with special educational needs (SEN) or disabilities and their families in the UK. The research encompassed a UK-wide parent survey (N=1776); in-depth case studies of individual children and young people (N=36); group case studies (of, for example, school councils) (N=3); and a series of project advisory groups involving disabled people. Underlying these aspects was an emphasis on the importance and validity of hearing directly from (potentially all) children and young people themselves. Thus the work meshes closely with initiatives worldwide concerning the recognition of children's'voice'in matters that concern them. The authors are not aware of any comparable evidence which focuses in-depth on a wide cross-section of pupils with disabilities or special needs and their families in the UK-wide educational context and which is located alongside concurrent authoritative data concerning the views of parents and carers.     

Post‐school horizons: New Zealand’s neo‐liberal generation in transition

Dominant conceptions of the world infuse educational experiences for young people in implicit rather than explicit ways—through becoming, as Stuart Hall argues, ‘the horizon of the taken‐for‐granted’. In this article we explore these horizons as experienced by New Zealand’s neo‐liberal generation, currently ‘in transition’ from high school to further education, training and/or employment. As in Britain, further education has become a taken‐for‐granted feature of post‐school horizons for young New Zealanders but it is not a meaningful destination for all of them. The 93 young New Zealanders in our study have grown up during a period of intensive neo‐liberal reform, the speed and scope of which were unprecedented in Western economies. We interviewed these young people in their last year of high school and again once they were well embarked on their post‐school lives. We explore how the landscapes of choice of these young people have been restructured in neo‐liberal times: for some, the influences of parents, teachers, schools, universities and educational policy have come together to construct apparently wide‐open horizons in which university is a taken‐for‐granted destination. For others, however, these influences have remained subject to assumptions about ‘race’ and class that have a long history in New Zealand and the result has been a narrowing of future possibilities for participants. In all cases, we are concerned to explore the costs that are borne by these young people in this new environment.     

Transition of students with autistic spectrum disorders from primary to post‐primary school: a framework for success

The purpose of this research was to investigate best practice in relation to the planning, process and strategies that support the transition of students with ASD from primary to post‐primary school. A questionnaire survey was sent to graduates of a postgraduate Certificate/Diploma in SEN (ASD) in Ireland who were working in primary and post‐primary schools. Findings included strong oral communication between schools, transition programmes in many post‐primary schools, a variety of generic and ASD specific strategies in both primary and post‐primary schools and a large number of personnel involved in the transition process. Analysis of findings and current literature enabled the researchers to propose a framework that the Department of Education and Skills, support agencies and schools may use to examine practice in order to enhance the transition programmes based on students' needs, the profile of the school and its community.     

EXAMINING SCHOOL PSYCHOLOGISTS’ PERSPECTIVES ABOUT SPECIFIC LEARNING DISABILITIES: IMPLICATIONS FOR PRACTICE

Debate regarding the causes of specific learning disabilities (SLDs), precise definitions of SLDs, and the most effective identification methods has persisted for over 50 years. Two prominent schools of thought regarding SLDs exist: (1) biological perspectives and (2) environmental perspectives. Three identification methods are outlined in the Individuals with Disabilities in Education Act of 2004 (IDEA, 2004) and align themselves to the different perspectives: (1) the IQ‐Achievement discrepancy method, (2) the response‐to‐intervention method, and (3) alternative research based procedures (e.g., evaluation of a student's pattern of strengths and weaknesses; PSW). This study used survey methodology (N = 471) and found that school psychologists’ perspectives about SLDs were significantly correlated with preferred identification methods. Preferred identification methods impacted practice even after controlling for individual‐ and school‐level variables. Implications and suggestions for future research are discussed.     

What happens to pupils permanently excluded from special schools and pupil referral units in England?

There is widespread consensus in the research and policy‐related literature over the last decade that young people who have been permanently excluded from school are at a far greater risk of a variety of negative outcomes than young people who have not had this experience. These negative outcomes include prolonged periods out of education and/or employment; poor mental and physical health; involvement in crime; and homelessness. This article presents evidence from a small‐scale qualitative study of destinations and outcomes post‐exclusion for a group of young people considered to be at particular risk of such negative outcomes: namely, those who have been permanently excluded from special schools or Pupil Referral Units (now known as short‐stay schools). The specific focus of this paper is on the 24 young people's educational trajectories pre‐ and post‐exclusion; the reasons for their exclusion from school; and on what forms of alternative provision were available to them after their permanent exclusion.     

Local management of schools in England: Results after six years

This paper reviews the evidence on the impact of six years of local management of schools in England. Introduced into all parts of the UK except Scotland, as one of the key measures in the Education Reform Act (1988), local management of schools is a particular and limited version of the school‐based management (SBM) model. The paper starts by considering the theoretical basis for the links between SBM and local management on the one hand, and improved school performance in terms of educational outcomes on the other. It then reviews evidence on the impact of local management at the level of the school system, on school management, and against the criteria of efficiency, effectiveness and equity. The findings of research on the impact of local management, in particular the lack of firm evidence of consequential improved educational outcomes for pupils, is then interpreted in terms of the theoretical basis of local management.     

Children’s play behaviour and social communication in integrated special day-care groups

This paper considers the role of the Special Educational Needs Coordinator (SENCO), the teacher responsible for the implementation of policies relating to the teaching and learning of children with special educational needs (SEN) in mainstream schools in England and Wales. SENCOs also have a role to play in the inclusion of children with learning difficulties/disabilities in mainstream schools. Yet research indicates that despite the revision of the Special Educational Needs Code of Practice in 2001, many SENCOs are still overwhelmed by the operational nature of the role with little support, time or funding to consider more strategic aspects of inclusion and SEN. The article draws on research by the author and offers the voices of SENCOs from two unitary authorities in the north of England which suggest that where the SENCO is supported by senior management within the school, the role can be a powerful one in relation to inclusion. It concludes by arguing that the role of the SENCO needs to be re‐conceptualized, redefined and remunerated as a senior management post within mainstream schools. If this were to be enforced by national policy, every mainstream school could have at least one powerful advocate for the inclusion of children with learning difficulties/disabilities.     

‘They do it anyway’: a study of Primary 1 teachers' perceptions of children's transition into primary education

Almost all 3‐ and 4‐year‐olds in Scotland now experience some form of pre‐school provision prior to school entry. Given such high rates of participation, the impact of pre‐school experiences on children's readiness for primary school has become an important issue for those involved in the early stages of compulsory schooling. Teachers in early years classes need to be aware of the experiences and achievements of individual children in their pre‐school setting to enable each child to transfer into mainstream education with the least amount of disruption to their learning. This study was carried out in one small Scottish local authority and explored the perceptions of early years teachers, from a diverse range of primary schools, of what information is important for them as children start school. This article presents the perspectives of Primary 1 teachers on children's readiness for schooling. It reports the factors, which these teachers identified as having an impact on successful transition from the pre‐school setting into the primary school.     

Students with special educational needs: transitions from primary to secondary school

This article looks at the experiences of young people with Statements of special educational needs prior to and following moves from primary to secondary school. Pam Maras and Emma-Louise Aveling of the University of Greenwich, London, used interviews to develop six qualitative case studies focusing on the transition process. Findings from these case studies reveal that the young people varied in their expectations and needs during the transition to secondary school, and that schools differed in the quality and efficacy of the support systems they provide. Parents' and carers' responses suggest that additional support services were not necessarily the most beneficial way to provide for all of the young people. What did appear to be beneficial was continuity of support throughout the transition to a new school, and the provision of a dedicated space within the school, such as a special needs unit. Several of the young people adapted easily alongside their peers without special educational needs, while others required more structured support. Pam Maras and Emma-Louise Aveling suggest that effective communication between support services, the young person, and their parents can facilitate successful transitions by allowing support to be tailored to individual students' needs.