Fulfilling your legal and moral SEND obligations
Having a special educational need or disability can affect a child or young person’s ability to socialise, concentrate and understand, making them feel isolated.
Schools have a duty to create an inclusive environment where children and young people feel they are treated equally and can learn and aspire.
Laws and guidance
Most countries have laws relating to disability, tolerance, inclusion and discrimination. Countries must ensure their laws promote the right of persons with disabilities to education at all levels and allow them to learn alongside other students in inclusive schools.
A school should:
- Make adaptations to the environment; for example accessibility, ramps, bathrooms
- Employ inclusively-minded staff
- Develop whole school policies that reflect the school’s inclusive nature
- Pay careful attention to the vocabulary used
Approaches towards inclusion
The following examples give an idea of the approach taken in various countries:
Australia
Australian Disability Discrimination Act (1992)
This Act provides protection for everyone in Australia against discrimination based on disability.
India
The Rights of Persons with Disabilities Act (2016)
This Act enforces the government to take effective measures to ensure that persons with disabilities enjoy their rights equally with others.
Nigeria
Nigerians with Disability Decree (1993)
This Decree provides legal protection and security for Nigerians with disabilities as well as establishing standards for enforcing their rights and privileges.
UAE
Dubai Inclusive Education Policy Framework Directives (2017)
This Framework provides information about the procedures and standards necessary for the improvement of inclusive education provision.
UK
This Act simplifies the law on discrimination. A child cannot be unlawfully discriminated against because of their sex, race, disability, religion, belief or sexual orientation. There are exceptions that should be considered; for example, collective worship.
Children and Families Act (2014)
This Act introduced Education, Health and Care plans and learning difficulties assessments for children and young people.
The SEND Code of Practice says that all children and young people are entitled to an education that enables them to make progress so that they:
- Achieve their best
- Become confident individuals living fulfilled lives
-
Make a successful transition into adulthood, whether into employment, further or higher education or training
USA
Individuals with Disabilities Education Act (IDEA)
This Act makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children.
Flexible online training to help your school support all the children and young people in your care
So how can your school ensure that everyone has the knowledge and confidence to create an environment where all your students can grow and flourish? Our online safeguarding and duty of care training courses can help.
SEND awareness courses
Written in partnership with Connect, our SEND awareness courses will provide an overview of autism, dyslexia and ADHD.
- Autism Awareness covers what autism is, its prevalence and causes, how it’s diagnosed and the implications for pupil learning
- Dyslexia Awareness provides an overview of dyslexia and visual stress
- ADHD Awareness covers the causes, prevalence, symptoms and diagnosis through to treatment and how to support children with ADHD
Our SEND Code of Practice course covers:
- The Special Educational Needs and Disability Code of Practice: 0-25 years
- What those in education must do for children and young people with special educational needs and disabilities
- Education, health and care assessments and plans
- Maintaining and reviewing the EHC plan
Our Effective Health and Safety for Children with SEND and ASN helps staff to:
- Understand their legal obligations regarding the health and safety of those with SEND and ASN
Our Promoting SEND Inclusion for International Schools helps staff to:
- Define SEND inclusion and looks at the contribution that you and others can make towards it
- Consider how local law affects the issue and find out about different models for describing inclusion
- Get practical suggestions and advice for promoting SEND inclusion in school
If you're looking for more support, take a look at Tes Safeguarding, our online safeguarding and duty of care training package. It gives your whole school unlimited access to over 40 expert-written online courses covering safeguarding, compliance, wellbeing and health and safety – all in one place, for one cost effective annual price.
You can also download our full course listing for UK schools or international schools.