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emotink

can i get son exempt from specific lesson? (discrimination act?)

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I have read on here that Children with SEN can be exempt from any part of the National Curriculum. Can anyone point me in the right direction of a link or site that verifies this please.

 

DS is 12, in year 8 at a mainstream school. Diagnosed with Asperger's when he was 8 and also has a diagnosed language disorder, he attended the small village school. We never got him a statement as the school coped ok. Then the transition to secondary happened and it all went down hill this time last year. It got to the point where we were lucky to get him into school twice a week and were referred to the EWO who visited once and was never heard from again. We were referred to CAMHS (as it was recognised his refusal all stemmed from high anxiety levels) and also the local Autism team from the council. To cut a long story short, since sept he has turned things around and has been every day apart from the first 2 lessons every Wednesday which is Spanish - this has always been a massive problem for him and last year resulted in him missing the whole day not just the lesson. He has refussed this lesson since the start of term back in sept with staff knowing but never commenting on (I drop him into school at 10.30 when the lesson ends). On Monday I got a call from the lead LSA saying that DS had been sent to the head who told him that if he didn't attend Spanish on wed morn, that he will receive a after school detention for truanting. We naturally are fuming about this and are very worried that it could send him back as the fear of a detention will result in him not going in the next day for the detention and so on. The head (when on the phone to hubbie) accused us of letting him truant! He also brought up a flexible timetable saying that it would not be a option as if he did it for us he would have to do it for others!

I'm trying to find out if the school has a legal obligation to be more flexible. His anxiety comes from his Asperger's, so by them insisting on something that is going to cause him high levels of anxiety are they not in breach of the disability discrimination act?

(I have been in touch with his Dr who says he cant write a sick note for specific lessons... he is either fit for school or isn't - which I understand)

We are desperate for him to continue with where he is now and not regress back to 10 months ago.

Any advice is appreciated.

Nic

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Hi emotink, it does sound as if the Head is being very inflexible about this, and I can understand your disappointment. Do you still have contact with the autism outreach team and could you approach them to back you up perhaps? I would have thought it totally reasonable to sacrifice one lesson in order to help your son cope betting with school in general and I can't understand why the Head does not see this. Surely, by forcing him to attend this one lesson, he would be risking setting him back to where he was last year. Could you contact CAMHS as well and ask them to write to the school maybe? I certainly would put your request in writing, copying in the Spanish teacher also. Have you had feedback from the teacher about how he is actually doing in the lesson? I would discuss it with the lesson teacher and then request a formal meeting with the Head and Spanish teacher setting out your arguments in a calm manner and take it from there.

 

Good luck with it.

 

~ Mel ~

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Have the school mentioned Education Welfare being involved yet?

 

Technically he is truanting (as he is not in school). Is there anywhere else in school he could go, if he were to be allowed to miss this lesson? My son never went to a French lesson (he just refused to go) but he could go to the SEN room instead, so he was still in school.

 

A Modern Foreign Langauge is a compulsory KS3 Nat Curr subject - does he do any other MFL?

 

Have a look at:

http://www.bdadyslexia.org.uk/about-dyslexia/schools-colleges-and-universities/modern-foreign-languages-and-dyslexia.html

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He hasn't done any Spanish lessons for over 9 months. Our autism outreach lady is great and is none too pleased with this and is concerned about it setting him back too. DS will always tell people what he thinks they want to hear, so when they talked to him in sch about giving it a go - he said he would, then upon returning home he broke down to us saying that he is giving all he can and doesn't think he can give any more! DS really has come on leaps and bounds in the last couple of months, even choosing to go out and play football a couple of times during lunch instead of staying in!

The sch say that they can't bend the rules for one and not another, and that they have other pupils with aspergers who manage to come in for all lessons!

Surely what they are trying to do / inforce on him can't be legal bearing in mind what will more than likely happen as a result.

Nic

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Yes, they have brought up the EWO, but we have been told by the autism outreach lady that they will never peruse it to court because of the disability discrimination act. The school will throw the fact that he is not statemented at us so they don't / can't put him else where. We have bought up getting him statemented but as he is academicly ok and not behind and the support he currently has in place is working (sits next to another child with a LSA) we won't get one.

Spanish is the only MFL that he does. I saw somewhere on this site that SEN children can be exempt from any part of the national curriculum, and am hoping someone can point me to where I can find out more.

Nic

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Look at the link I posted above. The section "Does a dyslexic pupil have to take a foreign language?" has a link to the relevant disapplication guidelines.

I was thinking that the EWO may back you up and tell the HT not to pursue it. At a push you could apply for a statement so he could come under the "is being assesed for a statement" ruling. It does not matter if they then refuse to statement him, as at least then 6 months will have passed.

 

 

My son (ds3) was not statemented and did not do French for all KS3. He also school refused for much of Yr 7 and 8, so missing French was a minor issue.

Edited by Kazzen161

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The way this is usually done is through a Statement. One of the purposes of the statement is to define modifications to the national curriculum and that can include missing certain subjects.

 

That said I don't see why doing Spanish should be a particular problem for an AS child - it is possible that there is some other underlying cause of his anxiety so it may not be that just getting him out of Spanish is the best solution - it may be there are other adjustments the school ought to be making.

 

I think the school may be in a difficult position because without him having a statement they will have very limited discretion in dealing with him. Almost any child with the diagnosis is going to need additional help within a mainstream environment - that normally comes through a statement. It is probably worth your while applying for statutory assessment on the basis that he clearly has additional needs and they are not being fully met in his environment. Please ignore the people who say "you won't get a statement because of X" - we have all heard that (for many different values of X) yet most of us have got statements for our children. If his disability is causing him to miss lessons, or a whole subject, then he needs additional help.

 

Yes - you and your son do have rights under the equality act that may have a bearing on this but it is probably not the best way to tackle the issue as the disability tribunals have much less power than the sen tribunals.

 

Also consider putting a little bit of pressure on the school - you could consider making a complaint about the detention and any other sanctions, making the point that you think they are a result of his disability. It is unlikely to do much good but it does start building up a trail of evidence that might be useful later

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Thank you for the link but unfortunately we cant use this. It's only relevant if the child is statemented and my son isn't. It's also down to the head and he has told us out right that he won't do a flexible timetable.

DS' s best lessons are in small classes with sizes of 15 or less (science, English and maths) all his other subject's have much larger classes and these are the days he struggles with and tries to get out of going. MFL was a problem from the start. He considers himself stupid and the majority of things go over his head with MFL being the worst, I think it just overwhelms him. He won't ask for help if doesn't understand things, which doesn't help. I don't understand why the head is being such a about it. Lots of schools personalise timetables, but I don't want to have to move him. He has made a couple of friends and likes some of the LSA' s and his sister will be starting in Sept. We did consider home schooling, but decided we wanted him to gain social skills. He very rarely goes out. His 'friends' are other players on the Xbox.

If things go wrong and DS refuses all school as a result of this pressure, it will be as a direct result of the head. Surely 2 lessons a week are better that the 3 or 4 days missed a week last year!

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Does the school have much experience of AS children? Many mainstream schools don't and so you may need to begin the process of educating the school in the needs of AS children - it is possible that as they grow more aware of his issues they will become more accommodating.

 

I really think you need to consider applying for a statement now. If he is beginning to have problems now in year 8 it is likely that things will only get worse as he gets closer to GCSE - you don't want to get to the position of things breaking down in Yr 9 or 10 and then wasting months or years going through the process,

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If he does not have a Statement is he on school action plus? The school should refer to the Educational Psychologist.

 

I would recommend you phone your Local Authority and ask to speak to the Head Educational Psychologist [who should have been involved with your son at some point prior or during diagnosis?], and talk to them about a reduced timetable.

 

I would also recommend you contact www.ipsea.org.uk. They have a way of booking a telephone appointment which would be useful.

 

Lots and lots of children have the NC altered to meet their needs. A child on the autistic spectrum will already struggle with English as well as social communication etc. And often those pupils do not even sit an English exam, nevermind a foreign language.

 

If he is not going to use Spanish in his adult life, then it could and should be dropped.

 

Write to the Head stating what you want. And ask him to reply in writing confirming what he has told you verbally, ie. that he will not amend the NC for your sons SEN. That might prod him to phone the LA to see if he is within his rights, and he is not. Also get the EP involved.

 

Put a timescale on your letter for the Head/EP to respond. In the mean time ask the LA to carry out a Statutory Assessment towards a Statement, and part of your request for the Statement will be so that the NC can be amended to meet his SEN needs [and you may wish to get a Statement anyway. He is 12 in a mainstream school. Does he have any support? Does he have any therapy from a Speech Therapist? Does he have any other difficulties in school apart from Spanish?]

 

Most LAs do not like to issue Statements because of they become legally responsible for delivering the Statement. So if they can stop you by amending the NC, then they will do that PDQ. But do think if your son needs a Statement anyway. And speaking with the EP might get what you want anyway.

 

But the Head sounds like someone who is not willing to be flexible, and that is what having an SEN child mainstream is all about - flexibility to enable the child to engage in education.

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Just read your OP and you also say he has a diagnosis of a Language Disorder.

 

Typically mainstream schools hold mainstream kids, and Speech and Language Therapists do not go into secondary schools UNLESS the child has a Statement which details they have a Language Disorder [which yours has], and will therefore definately need therapy for literacy/language/social communication etc. You would get that secured via a Statement. You would definately get an exemption from Spanish lessons.

 

Do you have, and have you read, a copy of the SEN Code of Practice?

 

I think that as he is now 12, and struggling mainstream, that things could get worse if you don't take action now to get him properly supported, to get 1:1 speech therapy, and for the NC to be amended so that he does not have to attend lessons that he is unable to access due to his SEN.

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Prior to a Statement a child should go onto School Action, and then School Action Plus. If there continues to be problems the school should refer to the LA educational psychologist. And if there is still no progress you apply for a Statement. Due to your sons diagnosis the Head should have done that and not have threatened him with a detention for avoiding something he will definitely struggle with, to the extent that he plays truant.

 

But you don't need to wait for the school or EP to agree he needs a Statement. Due to funding they often don't agree any child needs a Statement.

 

The EP told me my son would not get a Statement when he was 6.5 years and diagnosed. I ignored her and asked for an assessment. Some years later, and two tribunals later, he is at an independent school for children with speech and language difficulties and AS. He has Speech Therapy and Occupational Therapy and a specialist teacher for his dyslexia. And at the time the EP said she would not agree to a Statement she would have known what his difficulties/SEN needs were, and what the expected prognosis for those difficulties were. Yet here we are some years later and he is in an independent school and doing very well. Nothing is perfect thought. He still has anxiety. He also now has OCD. BUT the point I want to make is that you need to get in place the support/therapy he needs, because no one is going to give it to you on a plate.

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"If a dyslexic child does not have a Statement but is becoming distressed at being required to learn a foreign language, it may be possible to ask the GP to write to the school requesting that the language be disallowed in the interests of the child’s health."

or

3.1 There may be times when circumstances during an individual pupil's schooling

mean that studying the full National Curriculum is not appropriate and does not

benefit the pupil. When this occurs, head teachers need to consider what is in the

best interests of the pupil. If they believe that the pupil would benefit more from

studying a reduced curriculum for a short period of time then they need to consider

whether it may be appropriate to use temporary disapplication regulations.

3.2 Regulations under section 93 of the Education Act 20025 allow head teachers to

disapply all or part of the National Curriculum, including the statutory assessment

arrangements, in order to meet an individual pupil’s learning needs at a particular

time.

3.3 Head teachers are permitted, through a written direction, to make two kinds of

temporary disapplication:

• A general direction – where the head teacher considers that the full National

Curriculum is not appropriate for a pupil, but that a statement of special

educational needs is not necessary; and...........

 

3.4 Both directions may last up to 6 months. It is possible to give further general

directions up to a total of 18 months. Further special directions may be given in the

specific circumstances detailed in paragraph 3.16.

3.5 Head teachers should only consider giving a direction if a pupil’s present

circumstances or conduct mean that they cannot fully participate in or benefit from

the National Curriculum.

3.6 A head teacher should consider the advantages and disadvantages of

disapplication, especially the implications of the learning which will be lost.

3.8 There are a number of circumstances when a general direction may be used. There

is no list of situations prescribed in regulations but the following are examples of

where this may be appropriate:

 

• a pupil who has failed to attend school for a significant period who requires a

different context for learning in order to re-engage him/her;

 

• a pupil who is at considerable risk of becoming disengaged from learning;

 

3.19 Parents have the right to:

• ask the head teacher to give, vary or revoke a direction;

• appeal to the governing body against the head teacher’s decision;

• complain formally if they are dissatisfied with the governing body’s decision on

appeal.

3.20 If a parent asks for a direction to be given, varied or revoked, against the head

teacher’s judgement, the head teacher should discuss the request with them to

resolve any differences without the need for formal procedures. If there are

differences which cannot be resolved, parents can make a formal request, in writing

or orally, to the head teacher giving their reasons for the request.

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You say the autism outreach lady is supportive of you and not happy with this decision; could you ask her to arrange a meeting with the Head and yourself to explain to him why adapting the NC to your son's needs would be beneficial. At the very least, could she write to the Head on your behalf?

 

~ Mel ~

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Kazzen, my son is not dyslexic but I'm going to email his Dr again in the hope that she will write to the head explaining his anxieties and history. The autism outreach lady is visiting us on Friday after school so I'll bring up getting him statemented. She has contacted the council's legal team (not just for our case) to check if the head is legal in refusing to be flexible - not just for DS but for any / all students. I'm going to write to the head as suggested by bed32 and Sally44 to complain and put forwards our case. I don't hold out much hope of him changing his mind though!

Edited by emotink

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Your child does not have to be dyslexic. What Kazzen has posted is relevent to any SEN. But that particular quote is about dyslexia, which is a specific learning difficulty - as would be a speech and language disorder, and so is autism.

 

If the Head does not change his mind [and I think that he is not following the Code of Practice in doing so], that actually gives you a case for a Statement because his 'needs' have to all be identified and 'provision must be quantified and specified for EACH NEED'. So if he has a language disorder that goes in part 2 with some detail on how that effects him in an educational and social setting, and the provision to meet that need is detailed in part 3 eg. "xx hours per term of 1:1 teaching from a suitably qualified speech therapist to deliver a programme for expressive and receptive speech and language and also social communication" "xxxxx will have a reduced timetable to exclude foreign languages" or "due to the difficulties xxxx has with learning a foreign language he will be taught in a 1:1 setting by a suitably qualified language teacher" etc.

 

If the Head says that that level of modification or differentiation makes it impossible for him to remain a pupil at that school you can challenge that if you wish to, as a child with an SEN can be taught mainstream if it is not to the detriment of the other pupils etc. Or if you get that in writing from the Head, you can use that as a case to seek your own parental choice of school.

 

In any case, the process of getting a Statement takes 26 weeks in total from start to finish. At the end of the process the LA will finalise the Statement, and they will have worded it in such a way that it is NOT legally binding on them. They do that deliberately. And the only way to get it legally binding, or to get everything into part 2 and 3 that is needed, you will have to go to an Educational Tribunal. Once the Statement is finalised you have a period within which you must lodge an appeal to SEND [special educational needs and disability tribunal]. I think you have about 3 months within which to lodge the appeal, and then the appeal date is usually set 3-4 months in advance. So altogether that is another year gone. By that time you may have found that your son has deteriorated and is not coping mainstream. In any case you will have a much better understanding of what he is and isn't coping with.

 

Personally i think that if you ask for an assessment for a Statement that the LA will contact the Head and you will get what you are after. However, I think it would be wise to follow the process through regardless because he sounds like he does need a Statement as he is on the autistic spectrum and also has a Language Disorder - so that means he is not Aspergers, he is autistic [i know that is the same thing, but the criteria for Aspergers is that the child MUST have had typical language development up to age 3, and your son has not].

 

How is he doing with literacy and english language? The reason I ask is that when a child has a language disorder it will affect their ability to read/write and understand language. And as all education is taught using 'language' he could find mainstream harder and harder as he goes through secondary school.

 

Who diagnosed the Language Disorder, and were any indepth standardised assessments carried out on him by a speech and language therapist, such as ACE or CELF 4?

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Kazzen, my son is not dyslexic but I'm going to email his Dr again in the hope that she will write to the head explaining his anxieties and history. The autism outreach lady is visiting us on Friday after school so I'll bring up getting him statemented. She has contacted the council's legal team (not just for our case) to check if the head is legal in refusing to be flexible - not just for DS but for any / all students. I'm going to write to the head as suggested by bed32 and Sally44 to complain and put forwards our case. I don't hold out much hope of him changing his mind though!

 

Sounds like you've got a lot of people on your side and are doing all the right things. Good luck, I don't see how the Head can stick to his guns after advice from the autismn outreach contact. All the best.

 

~ Mel ~

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Reduced timetables are common place. Speak with the Autism Outreach Lady to see if her recommendation in writing to the school would be sufficient, or whether the local authority Educational Psychologist needs to sanction it. If they do need to, phone them, them write a letter to them detailing what you discussed and what they said to you.

 

IF the only thing stopping your request going through is because it is not in a Statement of SEN, then you need to request the LA to assess for a Statement.

 

It maybe that the EP agrees with you anyway and you get what you want. But you may seriously need to consider whether now is the time to ask for an assessment for a Statement due to the identified needs he has, and the anxiety that is not currently being recognised or supported. And to get some Speech Therapy for him in school from a speech therapist, not a LSA.

 

Can you confirm how he is doing with literacy? As his speech disorder will be affecting his literacy, and he may well have a specific learning difficulty due to the speech disorder which requires a specialist teacher. A specific learning difficulty is not just dyslexia, it can be many other things - including his speech disorder and how that affects his expressive and receptive understanding of speech and language and social communication.

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