Education Law in London - Essay Example

Education Law In trying to determine the various rights and options available to Mr. Mohammed Rahman Khan in placing his daughter Amina into secondary school in London, it is necessary to take a much closer look at the Disability Discrimination Act of 1995 (DDA). This act entitles students with special education needs (SEN), such as Amina, aged two through19 years living in the UK to receive full-time education appropriate to their individual needs. This education may be in a special, mainstream or home school. (Disability Discrimination Act, 1995). The government action is straightforward with its wording, but as Mr. Khan has experienced, the law as practiced has proved to be inadequately enacted throughout the UK school system. This paper will examine legal standards expected of schools as they relate to students with special needs and to what degree schools are implementing these standards. Throughout and again mentioned in the conclusion, this paper will outline what steps a parent can take to ensure their child is placed in an environment best suited to those individuals needs. Relevant legislation involving religious provisions and how they differ with the U.S. will be discussed as the religious cultures of these countries vary significantly as do their policies and general understandings of to what level of participation government entities should be allowed to have concerning religious studies in schools. To guide Mr. Khan to the most effective avenues to ensure the most appropriate school setting for his daughter, a determination of how she is classified under UK law is necessary before looking into the rights to which she is entitled. Amina has had a Statement of Special Education Needs (SEN) for three years. According to the DDA, a person has a disability “if they have a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.” (Disability Discrimination Act, 1995). The Local Education Authority (LEA) has determined and maintained for three years that Amina is a SEN’s child thus providing for each aspect of the act’s definition of a disability. Further, the Department for Education and Skills (DES), a government agency, states that children “have special educational needs if they cannot manage the lessons, access the curriculum or get around the school building in the same way as other children of the same age, and special arrangements are needed to support them.” (School Coordinators, 2005). The guidelines of this agency further states that Local Education Authorities have a duty to educate special needs children in mainstream, maintained schools. The DES describes a child as having special educational needs if he or she has a learning difficulty that needs special teaching and that children with special educational needs include those whose learning difficulties are less apparent, such as slow learners and emotionally vulnerable children. It is estimated that up to 20 percent of school children may need special educational help at some stage in their school careers (School Coordinators, 2005). If a parent such as Mr. Khan chooses to send his child to a particular mainstream school, the LEA must agree to the choice unless the school is unsuitable for the childs age, abilities, and the special needs set out in the Statement of Special Needs. Mr. Khan can use the record of special educational needs to ask the school to provide for Amina’s needs for education. The LEA’s responsibility is to consider the most suitable school for a childs unique needs. These local education authorities must find a free school place for all children who are “of compulsory school age. Schools must not treat children with a disability less favourably than children who are not disabled.  This applies to both pupils and prospective pupils. If a child is unable to receive education at school, the local education authority has a duty to provide suitable education in some other way, for example, home tuition (Education in England, 2002). However, the LEA provides limited options if it decides not to agree to the choice of school and chooses another maintained school instead. The parent can ask for their child to be placed in a maintained special school or a non-maintained special school, an approved independent school or opt to home school the child. If a parent asks for a non-maintained special school or an approved independent school, the LEA does not have to agree to the request and will only do so if the parent can show that no LEA school is able to meet the childs needs (Education in England, 2002). Parents have the right to appeal against the refusal and request a place on the admission authority of each school that was originally applied to or to be placed on a waiting list for each school originally applied to, if the school maintains one. Mr. Khan has the right to appeal against the LEAs choice of school for Amina in several different ways. He could contact the local education authority or governing body for independent schools to talk informally about changing the decision. This may avoid using the formal appeals procedure and might resolve the matter more quickly. An experienced adviser may also be helpful, for example, at a Citizens Advice Bureau. For children who are changing to secondary school, most local education authorities and schools will have worked out a timetable which allows for a period of informal discussion with dissatisfied parents. If, after discussion and negotiation, the local education authority or school still refuses to accept the parent’s choice of school and the parents find the alternative school offered unacceptable, they have a right to refer this decision to an independent appeal committee set up by the authority.  If the appeal committee confirms the authoritys decision to refuse the request, parents can refer the case to the sheriff for the area (Education in Scotland, 2005). The Disability Rights Commission (DRC) is an independent body, established by an Act of Parliament to eliminate the discrimination faced by disabled people and promote equality of opportunity. It advises that a parent’s first point of contact if they feel their child has been discriminated against is to follow the education authority’s complaints procedures. If that action is not satisfactory, they can contact the DRC Helpline. The Disability Rights Commission is located at 222 Grays Inn Road, London WC1X 8HL. The DRC Helpline - (voice) 08457 622633 (Parents in England and Wales, 2005). The Commission offers advice, information and support to parents and schools to help in sorting out problems. If parents decide to make a claim against the school, the DRC may also be able to legally represent the child. If a child such as Amina has a statement of special educational needs and the school the family wanted has not been named on the statement, parents may have a right of appeal under the SEN framework (Education Act 1996). Another legal option is SEN Legal. SEN Legal is a solicitors practice that specialises in education law and special educational needs. The Special Educational Needs and Disability Act of 2001 set up the independent Special Educational Needs and Disability Tribunal System to which parents can appeal a LEA decision. Previously local education authorities were their own judge and jury on parental appeals. With this new law, parents dont have to simply accept what their children are given. Members of the new tribunals are unconnected with the local LEA and their decisions are totally independent (Nettleton, n.d.). Because of the recent establishment of the system, claims made against LEAs for failure to educate a child or for failure to remedy an educational need are new. The first case was determined in 1998 and, although the early cases were seen as groundbreaking successes for campaigners for pupils’ rights, subsequent cases have emphasised the difficulties aggrieved pupils have in successfully bringing such claims. The individual circumstances of each case are important in pursuing legal remedies, but the book, ‘What is the LEA for?’ concludes that “as long as proper procedures are followed and the guidance in the relevant codes of practice adhered to, there should be few failures that give rise to litigation” (Whitbourn, 2004). For additional information about special educational needs, an experienced adviser may want to be consulted, for example, a Citizens Advice Bureau. For help, parents can contact the Citizens Advice Bureau London Field Office 136-144 City Road London EC1V 2RL Manager: Bobby Pote (Citizens Advice Offices, 2005). Finally, a parent also has the right to educate a pupil at home as long as the education is satisfactory and has been approved by the local education authority. In 2005, for the first time, all parents who applied for a secondary school place in their home Local Education Authority for their child to start in September 2005 received only one offer, posted on 1 March. A few parents who applied to schools in more than one Local Education Authority may have received more than one offer, posted on the same date. Special Educational Needs Coordinators (SENCO) have responsibility for managing the effective delivery of the education psychology service, learning support, behaviour support, SEN assessment and administration, and parent support. A SENCO may be a member of staff of a school who has responsibility for coordinating SEN provision within that school. In a small school the head teacher or deputy may take on this role. In larger schools there may be an SEN coordinating team. Further, schools are required by the DDA to plan to increase access to education for disabled pupils. This planning duty applies to access to premises, curriculum development and to providing written information in alternative formats. Schools are also required by the act to make reasonable adjustments to ensure that pupils are not discriminated against because of their disability. Schools are also required to alter the way they work to find ways of including pupils effectively. However, according to an independent survey, over half of the schools visited appeared unaware of this duty. A few had declined to admit pupils on the grounds that they did not have the resources to meet the pupils’ needs (Ofsted 2004). According to the survey, a high proportion of the schools visited have still a long way to go to match the provision and the outcomes of the best. They are generally not reaching out to take pupils with more complex needs, especially if their behaviour is hard to manage. Mainstream and special schools are still too isolated from one another; they are not providing the necessary expertise to ensure that the staffs of mainstream schools are able to develop a coherent approach to inclusive education. The duty of the local education authority to provide full-time education will also usually apply to pupils who are temporarily living in the area for long enough to attend school. This includes, for example, the child of a traveler or a child whose parent is in the armed forces or has come from abroad and has special educational needs (Education in England, 2002). The difference between the philosophy of religious education within the United States as it compares with the U.K. is as expansive as the ocean that divides the countries. Official religious education is all but non-existent in the U.S. Public (state) schools can neither foster religion nor preclude it. They may not provide religious instruction but, in theory, may teach about the history of religion, comparative religion, the Bible or other scripture as literature and the role of religion in the country’s history. These areas are all permissible public school subjects, but even the spoken reference to religion of any kind is considered taboo. Public schools may not observe holidays as religious events or promote such observance by students yet may teach about religious holidays, including their religious aspects. Schools may not endorse religious activity or doctrine, nor may they coerce participation in religious activity. School administrators or teachers may not organize or encourage prayer exercises in the classroom. Teachers, coaches and other school officials who act as advisors to student groups must remain mindful that they cannot engage in or lead the religious activities of students (Riley, 2000). In contrast to the U.S., the U.K. encourages religious worship in schools. According to the School Standards and Framework Act of 1998, Chapter Six, Religious Education and Worship, each pupil in attendance at a community, foundation or voluntary school shall on each school day take part in an act of collective worship (Disability Discrimination Act, 1995). All maintained schools must provide daily collective worship for all registered pupils (apart from those who have been withdrawn from this by their parents). Daily collective worship must be wholly or mainly of a broadly Christian character. This may be provided within daily assembly but the distinction should be made clear. The head teacher is responsible for arranging the daily collective worship after consulting with the governing body (Collective Worship, 2005). However, a pupil shall be excused from receiving religious education given in the school if the parent of a pupil at a community school requests that the child may be wholly or partly excused from attendance at religious worship or education. Regulations make provision for securing that, so far as practicable, every pupil attending a community or foundation special school receives religious education and attends religious worship, or is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent. (Disability Discrimination Act, 1995). In October 2004, the first non-statutory national framework for teaching Religious Education (RE) was launched. Developed jointly by the QCA, the DfES, major UK faith groups and RE professionals, the new framework endorses the entitlement to RE for all pupils irrespective of race and culture, sets out national expectations for teaching and learning in RE, and provides guidance for teachers (Religious Education, 2005). Most schools should be able to include all pupils in their act of collective worship. There may be exceptional cases, however, where, in view of the family background of some or all pupils, the head teacher and governing body feel that a broadly Christian act of worship is not suitable. In these circumstances, the head teacher can apply to the local Standing Advisory Council on Religious Education (SACRE) to have the Christian content requirement lifted. Before doing so, the governing body should consult the parents of pupils at the school. Collective worship can take place at any time in the school day and the whole school does not need to get together at the same time. Collective worship can be organised into form groups or year groups or whatever is appropriate for the school. It cannot be organized, though, in faith groups unless a determination has been sought and granted by the local SACRE. Collective worship in foundation schools with a religious character and voluntary schools will be in accordance with the schools trust deed. Where provision is not made by a trust deed, the worship should be in accordance with the beliefs of the religion or denomination specified for the school. Teachers cannot be required to lead or attend collective worship except where the law provides otherwise. This would normally only happen in a maintained school with a religious designation (Collective Worship, 2005). Parents have a right under these laws to withdraw their children from Religious Education (RE) and collective worship. If a parent asks for their child to be wholly or partly excused from attending any RE or collective worship at the school the school must comply unless the request is withdrawn. A school remains responsible for the supervision of any child withdrawn from RE or collective worship, unless the child is lawfully receiving RE, or taking part in collective worship elsewhere. Parents do not need to explain their reasons for seeking withdrawal. The department recommends that to avoid misunderstanding, a head teacher may wish to clarify with any parent wanting to withdraw, the religious issues about which the parent would object their child being taught. This conversation should include the practical implications of withdrawal, the circumstances in which it would be reasonable to accommodate parents wishes if a parent will require any advanced notice of such issue in the future and if so, how much (Religious Education, 2005). When considering an appeal to an LEA decision, parents must contact the admission service, EduAction Pupil Admission Service Graylaw House 394 High Road Leyton London E10 6QE, to see if another offer may be made at a different school that is more acceptable. If there is no other acceptable offer, parents are required to write in and ask for an appeal form. After returning the form with any required supporting materials by the date written on the form, parents must attend the appeal hearing and speak to the panel and then wait for the letter giving the panel’s decision. This additional information can also include something as basic as a written statement of what is intended to be said at the appeal. It is better if the additional papers are available well before the hearing so that the panel can read them before the hearing, but it is advised they need at least 10 working days before the hearing to arrange this. To give the appeal its greatest strength, parents may find it very helpful to obtain an independent advisor. In all cases, parents should provide their reasons why they feel their child should attend the preferred school. If the appeal is successful, the child will have a place at the school. However, if the appeal is lost, parents are limited to only one appeal unless there is a substantial change in the family’s circumstances. The LEA can grant an additional appeal if they agree that your circumstances have substantially changed and these additional circumstances were not discussed at the first appeal (Parents Guide, n.d.). The Advisory Center for Education offers a booklet (Appealing for a School) for parents who are unhappy with the school they have been offered. This booklet helps parents to make a well-reasoned appeal which stands out in front of an appeal committee. Its contents include discussion of what the panel will look at, whether the admission rules have been followed and what to do if they haven’t been, whether the school can take extra pupils, how to put a case together, how to read the panels decision, what to do if the appeal is lost, examples of model letters and a model case (Appealing for a School, 2005). The DDA requires LEA’s to not only make reasonable adjustments to ensure that pupils are not discriminated against because of their disability, but goes further by requiring them to alter the way they work to find ways of including pupils effectively. Forcing a student to attend a school that does not fit her needs when a capable school is available certainly seems to be an action in direct conflict with the Act. Fortunately, within the UK are several avenues of recourse for parents that are not satisfied with a LEA’s decision. The Disability Rights Commission is located at 222 Grays Inn Road, London WC1X 8HL. The DRC Helpline can be reached at (voice) 08457 622633. The Citizens Advice Bureau is located at London Field Office 136-144 City Road London EC1V 2RL Manager: Bobby Pote. DfES ministers can be found at Sanctuary Buildings, Great Smith Street, London SW1P 3BT. The Citizens Advice Bureau’s address is Myddelton House, 115-123 Pentonville Road, London, N1 9LZ while the Advisory Centre for Education (ACE) can be found at 1c Aberdeen Studios, 22 Highbury Grove, London N5 2DQ 020 7704 3370. References Appealing for a School. Oct. 17, 2005. Advisory Centre for Education. December 27, 2005 Disability Discrimination Act. 1995. Office of Public Sector Information. Ch. 50, Part I. December 27, 2005 Citizens Advice Offices. 2005. Citizens Advice Bureau: Advice Guide. London. December 27, 2005 < http://www.citizensadvice.org.uk/winnn6/contact_us/contactus/cita_offices.htm#cita-hq> Collective Worship. 2005. Department for Education and Skills: Teachernet. December 27, 2005 < http://www.teachernet.gov.uk/management/atoz/c/collectiveworship/> Education in England. 2002. Citizens Advice Bureau: Advice Guide. London. December 27, 2005 Education in Scotland. 2002. Citizens Advice Bureau: Advice Guide. London. December 27, 2005 Nettleton, Melinda. Special Education Needs and the Law. n.d. SEN Legal. December 27, 2005 Parents in England and Wales. 2005. Disability Rights Commission. December 27, 2005 Parents Guide to Admission Appeal, A. n.d. EduAction Pupil Admission Service. London. December 27, 2005 School Coordinators. 2005. Department for Education and Skills: Teachernet. December 27, 2005 Religious Education. 2005. Department for Education and Skills: Teachernet. December 27, 2005 < http://www.teachernet.gov.uk/teachingandlearning/subjects/re/> Riley, Richard. Letter to the American Educator. January 26, 2000. United States Department of Education. December 27, 2005 Whitbourn, Simon. What is the LEA for? An Analysis of the Functions and Roles of the Local Education Authority. 2nd Ed. Berkshire: The National Foundation for Educational Research, 2004. Read More