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Introduction

classroomThere are many different types of state maintained schools at Primary and Secondary level across the nations. They range from community to voluntary-aided schools, voluntary-controlled and specialist as well those that are entirely fee based and run by private organisations.

If a child has a statement, a request may have been made for attendance at a “non-maintained special school (usually run by charities), an independent school that can meet the child’s needs or a school maintained by another local authority.  However, if there’s a suitable state school, the local authority has no legal duty to send a child to a non-maintained or independent school.” (DirectGov)

Children usually join their Primary School in the autumn of the year they are five and remain until the age of eleven. They then progress to Secondary School with compulsory education up to the age of 16.  Some schools offer sixth forms and others are in separate colleges. There are no sixth-form colleges in Scotland.

For those attending special schools, some may continue to educate students until they are 19. In this case, the statement process may continue with annual reviews and parents still have a right of appeal through the Special Educational Needs and Disability Tribunal (SENDIST) if they are not happy with the support received.  “Where the young person is transferring to an LA-maintained 16-19 institution the LA must amend the statement by 15 February of the calendar year of transfer. This is also good practice when a young person is transferring from a school without post-16 provision to one which has.” Teachernet

“Writing in the Times Education Supplement, the chairman of the Royal National Institute for the Blind, Colin Low, says twice as many parents appealing to SENDIST want a special school than those who appeal for mainstream. He argues that until mainstream is able to meet every child’s needs it will be necessary to keep in place a special school option.” Centre for Studies on Inclusive Education (Feb 2006)

"Academies must have regard to the SEN code of practice and statutory guidance on inclusion. An Academy’s independent status does not affect parents’ rights to appeal to SEN and Disability Tribunals. LAs can and do name Academies in statements of SEN and, in such a case, the Academy must admit the child. A LA is obliged to consult an Academy before naming it in a statement of SEN. The Academy must agree to being named unless admission of the pupil concerned would be incompatible with the efficient education of other children and no reasonable steps may be made to ensure compatibility." DCSF (2007)

All maintained schools can apply to their LA for funds from the Schools Access Initiative (SAI) in order to improve access to their school. This is for capital expenditure and tends to be used for ramps and lifts rather than technologies to aid access to the curriculum, although these are included in the guidelines provided to Local Authorities.

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