Legal Defensibility of Standards: Issues and Policy Perspectives

What legal issues may arise in setting content or performance standards? What precedents are relevant? What practices are defensible?     

Assessment in special schools: national early assessment procedures and pupils attending special schools in England

An implicit assumption that fostering inclusion means having shared systems encompassing the needs of all children is evident in many aspects of policy development over the past decade. Reflecting this, the implementation of ‘baseline assessment’ schemes (i.e. testing at around age 5 years) is a statutory requirement on all state-maintained special and mainstream schools in England since 1998. Our argument is that the enthusiasm for commonality has obscured the need to question the value and validity of baseline assessment schemes for children with special educational needs (and possibly some others such as children having English as an additional language). We illustrate this position with reference to data from our recent study on baseline assessment in England. The study encompassed survey data from a national sample of 982 schools, of which 107 were special schools. Between them, these special schools used 42 different baseline assessment schemes. Comparisons between our mainstream and special school respondents indicated that there were similarities in the nature and perceived value of the schemes used. However, special schools were less satisfied with their schemes. We suggest that a reappraisal of the nature and purpose of baseline assessment for pupils with special educational needs warrants greater critical debate. Without this, there is a danger that a stress on commonality, veiling an inclusion orthodoxy, will ultimately be counterproductive.