Determinación de la Pena según la Ley N° 30076

The process of developing school policy and procedures on special educational needs is most effective when the process is undertaken in collaboration with the various partners within the school community - trustees, board of management, teachers, parents, and students - and, as appropriate, support agencies and services and the local community. The Department of Education and Science and its agencies have a central role in supporting the inclusive ethos of the school through setting the context for inclusion in national policy and in providing support to individual schools.

An inclusive school is characterised by a continuous process of development and self-evaluation with a view to eliminating barriers to the participation of all students in the catchment area. The school’s mission statement and the policies and procedures set out in the school plan are pivotal in establishing a positive agenda for inclusion. Schools are advised, therefore, to examine and, as appropriate, revise their culture or ethos, values, mission statement, policies, procedures, management style, organisational arrangements, curriculum content, and approaches to learning and teaching with a view to establishing a school climate, curriculum and instructional approach that are fully inclusive.

It is acknowledged that the development and implementation of a coherent whole-school approach to the inclusion of students with special educational needs presents a significant challenge for post-primary schools. Certain contextual factors, such as the nature and structure of the syllabus, state examinations, the organisation of classes, timetabling, and the conflicting priorities arising can constrain the collaborative planning that is essential for successful teaching and learning. Nevertheless, in spite of the difficulties that may arise, it is critical that such challenges are addressed at whole-school level and that effective structures for planning, co- operation and consultation for inclusion are established.

Significant issues also arise for individual teachers in providing appropriate education for all the students in their classrooms. These issues include the management of time, preparation for teaching, the learning and application of new teaching techniques for differentiation and individualised learning, the maintenance of an adequate pace in order to cover long syllabi and the pressures and expectations that arise in the preparation of students for state examinations. Individual mainstream teachers should have available collaborative support from specialist resource teachers and learning-support teachers. All teachers require the support of school management to enable them to access the in-career development opportunities that are available.

It is also acknowledged that the process of policy development and change that is required for the effective inclusion of students with special educational needs can be complex and time-consuming. Assistance with aspects of school development and planning for special educational needs may be sought from the NEPS, SESS, NCSE, and from other agencies, such as the School Development Planning Initiative and the Second-Level Support Service. In addition, the availability for teachers of in-career development courses in special education is increasing.

To be effective, the in-school arrangements for the provision of education to students with special educational needs (for example, the placement of students in class groups and the allocation of classes to members of the teaching staff), should take account of the particular circumstances of the school. In addition, the following suggestions can be considered in the drawing up of whole- school policies and procedures:

• A clear and transparent link should exist between the resources (including part-time teaching hours) allocated to the school and the provision of additional teaching support to the students with special educational needs for whose support the resources were allocated.

• School policies and procedures in relation to placement and teaching arrangements for students with special educational needs should be drawn up in consultation with members of the teaching staff, including mainstream teachers.

• The participation in a meaningful way of students with special educational needs in mainstream classroom activities should be maximised through the placement of students in classes and the allocation of teachers.

• The withdrawal of students from mainstream class activities for individual or small-group teaching should be balanced against their need to participate in educational experiences with their peers.

• Mainstream teachers should be given access to information about the needs of students with special educational needs in the context of the placement of these students in their classes. Decisions in relation to the withdrawal of students with special educational needs should be made in consultation with the mainstream teacher and parents.

• All teachers should have access to the supports and training necessary for them to cater appropriately for the full diversity of students in their classes. In addition to formal CPD training courses, mainstream teachers can further their knowledge and expertise through consultation with and support from colleagues who have experience and expertise in the areas of resource teaching and learning support.

In drawing up school policies on special educational needs, schools should be cognisant of their statutory obligations and should implement the advice and guidance that is given in documents that are provided by the Department of Education and Science, the NCSE, and other agencies of the Department.

2.3.1 Drawing up inclusive whole-school policies and procedures for special educational needs

The school plan should set out the school’s aims and objectives for all students and should be linked to the mission statement of the school. School policies and procedures for special educational needs should be informed by the vision and values in the school mission statement. If the school mission statement is not reflective of an inclusive ethos, the mission statement itself may require revision. Some policies and procedures in the school plan will contain references to the 2. Whole-school planning and organisation

inclusion of students with special educational needs (for example, enrolment, discipline, anti- bullying, health and safety, supervision, assessment), while others will relate specifically to provision for students with special educational needs (for example, the role of the special educational needs support team, individual education plans, inclusion in mainstream classes, provision of additional teaching support).

Drawing up school policies and procedures for special educational needs involves a number of stages. These include the following

• agreement that a formal policy or set of procedures in relation to a particular issue or area is required and, following the decision that a formal statement should be drawn up, the appointment of an individual or a group to draw up a draft policy

• examination by the planning group of relevant documents, including, as appropriate, legislation, research and best-practice guidelines and a review of the specific needs of the school and of any specific circumstances or incidents that contributed to the decision to develop the whole-school policy

• the preparation of a draft statement of policy or procedures by the planning group

• the circulation of the draft policy to partners within the school community for consultation and redrafting of the statement by the planning group in the light of responses received

• the presentation of the draft statement of policy or procedure to the board of management and acceptance of the policy by the board of management, possibly following further consultations

• implementation of the policy or procedures in the school

• monitoring at regular intervals that the policy is being implemented and identification of any issues arising

• formal review of the statement at a pre-determined time and revision as necessary. In drawing up school policies and procedures related to special education, schools should take account of advice that is provided by the Department and agencies such as the School Development Planning Initiative.

As the first step in revising school policies and procedures for special educational needs, it is a useful exercise for the school management and staff (or a working group appointed by them) to carry out an audit of provision for special educational needs in the school. An audit may identify a need to revise existing school policies or to develop new structures. An audit of the provision for special educational needs is most effective when it is undertaken as part of a wider re-examination of the school’s overall mission, ethos, values, and curriculum. The audit of provision for students with special educational needs will involve an evaluation of the school’s arrangements for allocating teachers and strategies for teaching and learning. The capacity of staff members to cater for students with special educational needs will be examined and an assessment made of the need for in-career development for teachers. Policy and procedural matters relating to the inclusion of students with special educational needs that need to be addressed through school development planning can also be identified. The audit can include an examination of the composition of the student population, including the number of students with special educational needs and the range of special needs among them. Changes in the student population that have occurred or that are likely to occur in the immediate or near future can be identified. Decisions can then be made in relation to giving priority to specific aspects of provision for special educational needs.

The Department of Education and Science document Looking at Our School: An Aid to Self- Evaluation in Second-Level Schools (2003) is designed to assist schools in reviewing and evaluating the work of the school. Themes for the self-evaluation of provision for students with special educational needs are set out in section 5 of that publication. (A template audit of provision for students with special educational needs, derived from Looking at Our School, is presented in appendix B. This template is offered as a means of rating the various aspects of provision in the school.) If significant deficits are identified in any aspect of provision, a more detailed examination of the issues involved will be required as a starting point for appropriate planning and development.

2.4 Whole-school policies and procedures for special