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[senco-forum] query - where does the buck stop?

bhuke beth at bhuke.plus.com
Mon Oct 1 19:27:47 BST 2007

Article: [senco-forum] query - where does the buck stop?

And things are changing all the time.  The DDA makes it clear that we
HAVE to meet the needs of disabled students, even if that means they get
special treatment - in this case additional funding from the school over
and above what would normally be in your budget.  This is a very current
issue with us.  In the summer term we 'gave in' and thus averted an SEN
tribunal by employing an extra, full time, TA.  This for a statemented
child who already has quite a lot of additional support.   We felt, and
so did parents, that the additional funding needed to keep him at our
school should have come from the LEA because of the exceptional
circumstances.  LEA said tough, get on with it.   We held out, and then
'found' additional money because legal advice said we would not win the
tribunal.  The DDA is new law, with teeth, and no case law to provide
guidance.  So it is unlawful not to make 'reasonable adjustments' (and
what you or I might consider reasonable isn't necessarily so in law),
and it is unlawful not to provide 'more favourable treatment'.   It may
save your head much long term grief if the money is found.   Good luck.

Beth

WARNING!
Slightly rambling hastily written email!

A hypothetical situation

SEN funding (100% of it derived via Audit) all spent up! Some heated
discussion between SENCo and Head about what it 'should' be spent on and
what it is spent on. Yr 9 Student - BESD Statement quantifying 15hrs TA
support. SEN dept can only provide 2.5! (If we re-direct support, it
would leave a 'support class' with 3 statemented students without any
support).  BESD student very much at risk of permanent exclusion. SENCo
highlights dilemma to Head. Also points out high likelihood of any
exclusion being overturned because of the school failing to meet his
Special Ed Needs. 
Head moans..."I can't magic money from no-where...." 
SENCo replies "fine - just to alert you and 'pass the buck'; I can only
work with the resources I'm given." Head replies "we share the buck - we
are jointly responsible" Heads suggestion was to move BESD student
(average ability) into support groups to access support. SENCo declined
suggestion!

Questions
1. Is there anything stronger than 'should' in any guidance about where
SENCos / admin support is funded from? 2. Any ideas on how to support
this young man - to make his life chances a bit more positive and to
avoid perm. excl.? 3. Anyone found any effective ways to squeeze money
and put it back where it belongs? 4. Am I legally / professionally
responsible for the failure to meet this students needs?

Any equally rambling advice appreciated!
Thanks
Jess



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