Strong Evidence
Regional School Guidance
Understanding the legal framework for educational support in your country. Knowing your rights helps you advocate for your child.
England
SEND Code of Practice 2015
Key terms
SEN Support - Support provided by school without statutory plan
EHCP - Education, Health and Care Plan - statutory document for higher needs
SENCO - Special Educational Needs Coordinator - school's lead for SEND
Local Offer - LA's published information on available support
Your rights
- Schools must use "best endeavours" to meet SEN
- You can request EHCP assessment at any time
- You can appeal EHCP decisions to SEND Tribunal
- You can request your child's records
- You should be involved in all decisions
Levels of support
Universal
Quality First Teaching - differentiation available to all
- •Classroom adjustments
- •Differentiated teaching
- •Universal strategies
SEN Support
Additional support from school resources
- •Individual support plan
- •Specific interventions
- •Regular review cycles
- •Assess-Plan-Do-Review
EHCP
Statutory plan for significant needs
- •Legally binding document
- •Named placement
- •Specified provision
- •Annual review
Helpful resources
Wales
Additional Learning Needs (ALN) Act 2018
Key terms
ALN - Additional Learning Needs - replacing SEN terminology
IDP - Individual Development Plan - statutory plan for all with ALN
ALNCo - Additional Learning Needs Coordinator
LA - Local Authority - maintains some IDPs
Your rights
- Right to IDP if you have ALN (0-25)
- Can appeal to Education Tribunal for Wales
- Children's views must be considered
- Plan must describe Additional Learning Provision
Levels of support
School-maintained IDP
For needs the school can meet
- •School creates and maintains plan
- •Regular review
- •Additional Learning Provision
LA-maintained IDP
For more complex needs
- •LA creates and maintains
- •May specify placement
- •More complex provision
Helpful resources
Scotland
Additional Support for Learning Act 2004/2009
Key terms
ASN - Additional Support Needs
CSP - Coordinated Support Plan - for complex needs involving multiple agencies
Child's Plan - Plan for wellbeing (GIRFEC) if needed
Named Person - Point of contact (usually in school)
Your rights
- Right to additional support if barriers to learning
- Can request CSP assessment
- Can appeal to Additional Support Needs Tribunal
- Presumption of mainstream education
Levels of support
School support
Support from school resources
- •Individual Education Plan
- •School adjustments
- •Additional support
CSP
For needs requiring multiple agencies
- •Coordinated multi-agency plan
- •Significant additional support
- •Regular review
Helpful resources
Northern Ireland
SEND Act (NI) 2016
Key terms
SEN - Special Educational Needs
Statement - Statutory document for higher needs (being replaced)
SENCO - Special Educational Needs Coordinator
EA - Education Authority
Your rights
- Right to have SEN identified and assessed
- Can request statutory assessment
- Can appeal to SENDIST NI
- Involvement in assessment and planning
Levels of support
School support
Support from school resources
- •Individual Education Plan
- •School-based support
- •Review with parents
Statement
Statutory assessment and document
- •EA assessment
- •Named provision
- •Annual review
Republic of Ireland
Education for Persons with Special Educational Needs Act 2004
Key terms
SEN - Special Educational Needs
IEP - Individual Education Plan
SENO - Special Educational Needs Organiser
NCSE - National Council for Special Education
Your rights
- Right to inclusive education
- Can request assessment
- Right to IEP
- Can appeal to Special Education Appeals Board
Levels of support
School support
Support from school allocation
- •SET (Special Education Teacher) support
- •SNA (Special Needs Assistant) if needed
- •School-based planning
NCSE allocation
Additional resources through NCSE
- •Additional teaching hours
- •SNA access
- •Assistive technology
Helpful resources
United States
IDEA (Individuals with Disabilities Education Act) & Section 504
Key terms
IEP - Individualized Education Program - detailed plan for special education services
504 Plan - Accommodations plan under Section 504 (less intensive than IEP)
FAPE - Free Appropriate Public Education - your child's legal right
LRE - Least Restrictive Environment - mainstream when possible
Child Find - Schools must identify children who may need services
Your rights
- Right to evaluation within 60 days of consent
- Right to FAPE (Free Appropriate Public Education)
- Right to participate in all IEP meetings
- Right to access all educational records
- Right to Independent Educational Evaluation (IEE)
- Right to dispute resolution (mediation, due process)
Levels of support
504 Plan
Accommodations without special education classification
- •Classroom accommodations
- •Testing modifications
- •Environmental changes
- •No special education label
IEP
Full special education services under IDEA
- •Legally binding document
- •Specific measurable goals
- •Related services (OT, speech, etc.)
- •Annual review
- •Transition planning
Helpful resources
Australia
Disability Discrimination Act 1992 & State Education Acts
Key terms
NCCD - Nationally Consistent Collection of Data - funding model for disability
ILP/IEP - Individual Learning Plan/Education Plan
Learning Support - School-based support team
Integration Aide - Additional support person in classroom
NDIS - National Disability Insurance Scheme (may fund some school supports)
Your rights
- Right to enrol in any school (with reasonable adjustments)
- Right to access education on same basis as others
- Schools must make reasonable adjustments
- Right to be consulted about adjustments
- Can make complaints to Anti-Discrimination bodies
Levels of support
Quality Differentiated Teaching
Universal classroom adjustments
- •Classroom modifications
- •Teaching adaptations
- •Environmental changes
Supplementary Adjustments
Additional school-based support
- •Individual Learning Plan
- •Learning support assistance
- •Specialist input
Substantial/Extensive
Significant support needs
- •Significant curriculum modifications
- •Integration aide support
- •Specialist settings may be considered
Canada
Provincial Education Acts (varies by province)
Key terms
IEP - Individual Education Plan (terminology varies by province)
IPP - Individual Program Plan (Alberta)
IPRC - Identification, Placement, and Review Committee (Ontario)
EA/TA - Educational Assistant/Teaching Assistant
Resource Teacher - Specialist support teacher
Your rights
- Right to access public education
- Right to appropriate accommodations
- Right to be involved in IEP development
- Right to appeal decisions (process varies by province)
- Human rights protection against discrimination
Levels of support
Classroom adaptations
Universal adjustments by teacher
- •Differentiated instruction
- •Environmental modifications
- •Informal accommodations
IEP/IPP
Formal documented plan
- •Written accommodations
- •Modified expectations
- •Regular review
- •Parent involvement
Intensive support
Significant additional resources
- •EA support
- •Specialist placements
- •Multi-agency involvement
Helpful resources
New Zealand
Education and Training Act 2020
Key terms
IEP - Individual Education Plan
ORS - Ongoing Resourcing Scheme - funding for high needs
Learning Support - Ministry-funded support services
RTLB - Resource Teachers: Learning and Behaviour
LSC - Learning Support Coordinator
Your rights
- Right to enrol and receive education at any state school
- Right to reasonable accommodations
- Right to be involved in planning
- Right to complain to school board or Ministry
- Protection under Human Rights Act
Levels of support
Classroom adjustments
Teacher-level accommodations
- •Universal Design for Learning
- •Differentiated teaching
- •Classroom modifications
Targeted support
Additional school-based support
- •IEP developed
- •RTLB involvement
- •Teacher aide support
ORS funding
For students with highest needs
- •Specialist teacher support
- •Teacher aide hours
- •Specialist equipment
- •Therapy services
Common processes
Requesting assessment
- 1.Put request in writing to school/SENCO
- 2.Include specific concerns and evidence
- 3.Request response in writing
- 4.Follow up if no response
- 5.Escalate to LA if school doesn't respond appropriately
Appealing decisions
- 1.Request written reasons for decision
- 2.Understand your appeal rights (region-specific)
- 3.Gather evidence to support your case
- 4.Consider mediation (often required first)
- 5.Submit appeal within time limits
- 6.Seek support from advocacy organisations
Preparing for annual review
- 1.Review current plan and progress
- 2.Prepare your observations and concerns
- 3.Gather relevant professional input
- 4.Consider what changes are needed
- 5.Attend the meeting or submit written views
- 6.Ensure actions are documented
Note:
This information is for general guidance only. Educational law changes, and specific situations may have different considerations. For legal advice about your specific situation, contact one of the specialist organisations listed above.
The key insight
Understanding the system helps you navigate it effectively. You don't need to be an expert, but knowing key terms, your rights, and where to get help empowers you to advocate for your child. Free advice is available - use it.
- Knowing your regional framework empowers you to advocate effectively
- You have legal rights - use them when needed
- Put important requests and concerns in writing
- Seek advice from specialist organisations - it's usually free
- The system works best when everyone collaborates, but know your escalation routes