Interim Arrangements
The ASL Act replaces the legal framework relating to special educational needs. However, the Act also contains safeguards for those children who had a record of needs prior to the implementation of the Act on November 14, 2005.
There will be no further reviews for a record of needs following the implementation of the Act but the child’s needs and provision of support should continue to be reviewed on an annual basis as a minimum.
Within two years of the implementation, the Education Authority must complete the step by step process described at Chapter 3, starting at page 3.24 to establish whether or not the child meets the criteria for a coordinated support plan. This process should be commenced at the next annual review of the child’s additional support needs, or earlier if there is a significant change in the child’s needs. This is not a review of the record of needs, for the reason that the record no longer exists. However, the review must have regard to the provision contained in the former record of needs.
Until this happens, the level of support must be no less than that specified in the former record of needs.
The Education Authority anticipates that a significant number of formerly recorded children will not require a coordinated support plan. Beginning the process does not imply that a coordinated support plan will be required the step by step process described in the guidance takes full account of this.
Essentially the process for a child who formerly had a record of needs is the same as for any other child being considered for a coordinated support plan. However, if the decision at the end of Step 1 is that a coordinated support plan is not required, there are some special conditions that apply to specifically to these children:
- They are automatically deemed to have additional support needs under the terms of the ASL Act and suitable provision for these needs must be made.
- For two years from the date of the decision, the level of support provided for the child must be no less than that specified in the former record of needs.
- In cases where a parent(s) or a young person did not initiate / request the coordinated support plan process, they nonetheless have a right to be formally notified of the decision and to appeal against this decision. Therefore, in all cases, the contact officer must be notified of the decision, as in the case of a parent(s) or young person initiating / requesting the coordinated support plan process. In these cases of formerly Recorder children and young people, the Headteacher or ASL Teamleader should complete Form CSP 5 and send it to the contact person.
Future Needs Assessments
Under the terms of the new Act, the term future needs assessments will no longer be used but similar procedures will continue. The Act requires the Education Authority to take specific action to help young people with additional support needs to make the transition from school to post-school life successfully.
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