Eqa Tt Guidance 2017 Entry Final

7/26/2019 Eqa Tt Guidance 2017 Entry Final

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MOVING UP TO SECONDARY SCHOOLSEPTEMBER 2017EQUALITY ACT 2010

Guidelines for Requesting Reasonable Adjustments to the Buckinghamshire Transfer Test

Materials / Conditions as agreed with The Centre for Evaluation and Monitoring (CEM)

HEADTEACHERS please ensure that where adjustments are being requested, the parents of the childconcerned receive a copy of these guidelines.

The parents of children attending out of county schools should be aware that where they make a requestfor adjustments directly to Buckinghamshire LA, their childs current school will be contacted as a matter ofcourse for details relating to their childs needs.

1. The Legal Framework

The Equality Act 2010 (the Act), places a duty upon Local Authorities (LA), academies and schools notto discriminate against disabled people or pupils in their access to education. The relevant provisions of theEquality Act 2010 replace the relevant provisions of the Disability Discrimination Act 1995 that previously

applied.

Discrimination may occur by:

A person treating a disabled pupil or prospective pupil less favourably than it treats or would treatothers because of that pupils disability; or

A person treating a disabled person unfavourably because of something arising in consequence of thedisabled persons disability where the treatment in question is not a proportionate means of achieving alegitimate aim

A person applying to a disabled person a provision, criterion or practice which it also applies to personswho do not share that disability but which puts the disabled person at a particular disadvantage, unlessthat is a proportionate means of achieving a legitimate aim

Failing to take reasonable steps to ensure that disabled pupils or prospective pupils are not placed at asubstantial disadvantage in comparison with their non-disabled peers. This is known as thereasonable adjustments duty.

Three aspects of admissions are covered by the duty:

In the admission arrangements and rules (and the operation of these rules);

In the terms of any offer of a place;

By refusing or deliberately omitting to accept an application for admission to a school by virtue of thatpersons disability.

Note that the Equality Act 2010 expressly provides that a person does NOT discriminate, so far as relatingto disability, only by applying a permitted form of selection. Selection for admission for a grammar schooleducation by way of academic testing is an example of a permitted form of selection under section 28B ofthe Act and is therefore in accordance with the Education Act 1996 and the School Standards andFramework Act 1998.

However, the duty to make reasonable adjustments for disabled pupils applies to a permitted form ofselection. This may include making reasonable adjustments to the assessment process.

The duty on schools (and in the matter of the Secondary Transfer Testing process only, the LA on behalf of

the Buckinghamshire grammar schools) to make reasonable adjustments is anticipatory.

2. Definitions

The Act defines a person with a disability as follows:


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a person (P) has a disability if (a) P has a physical or mental impairment and (b) the impairment has a

substantial and long term adverse effect on Ps ability to carry out normal day to day activities.

The Act (and regulations made under the Act) also provides that pupils with cancer, multiple sclerosis or

HIV and pupils who are certified as blind, severely sight impaired, sight impaired or partially sighted by a

consultant ophthalmologist are automatically to be considered disabled.

Impairment This should be given its ordinary meaning and it is not necessary to establish

the underlying cause of the impairment. It is important to remember that notall impairments are readily identifiable. The impairment might include sensoryimpairments such as those affecting sight or hearing; have fluctuating orrecurring effects; be organ specific, including respiratory conditions, such asasthma; be developmental, such as autistic spectrum disorders (ASD),dyslexia and dyspraxia; and include learning difficulties.

Certain conditions are specifically excluded from the definition of impairmentincluding addiction/dependency on alcohol, nicotine, or any other substance(other than in consequence of the substance being medically prescribed),hay fever (except where that aggravates the effect of another condition),pyromania, kleptomania, exhibitionism, voyeurism or a tendency to physically

or sexually abuse another person.

The Act states that a person who has cancer, HIV infection or MS is adisabled person and is protected by the Act effectively from the point ofdiagnosis. (Sch1 Para 6).

Substantial More than minor or trivialbeyond the normal differences in ability whichmight exist among people. If an impairment could well have a substantialadverse effect but for the fact that measures are being taken to treat orcorrect it, it is to be treated as having that effect (with the sole exception ofwearing spectacles or contact lenses). If the impairment has ceased to have

a substantial adverse effect, it is to be treated as continuing to have thateffect if it could well recur. A person who has a progressive condition will betreated as having an impairment which has a substantial adverse effect fromthe moment any impairment resulting from that condition first has someadverse effect on his or her ability to carry out normal day-to-day activitiesprovided that in future the adverse effect could well become substantial.

Long term At least 12 months, likely to be at least 12 months or to last for the life of thechild.Note that if an impairment has had a substantial adverse effect on apersons ability to carry out normal day-to-day activities but the effect ceasesthe substantial effect is treated as continuing if it could well recur, e.g. aperson with rheumatoid arthritis may experience substantial adverse effectsfor a period of weeks and then go into remission and recur; certain types ofdepression may be sporadic or recur.

Normal day-to-dayactivities

Normal for many people on a daily or frequent and fairly regular basis. Doesit affect one of these areas:

mobility manual dexterity physical co-ordination continence ability to lift, carry or otherwise move everyday objects memory or ability to concentrate, learn or understand

perception or the risk of physical danger?


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3.Timeline

Summer Term (whilst child is in Year 5):

N.B. THIS PROCESS MUST BE COMPLETED BEFORE THE END OF THE SUMMER TERM READYFOR THE TEST IN EARLY SEPTEMBER

Notwithstanding the following process, it is the parents responsibility to notify the school that they

request reasonable adjustments to the Transfer Test to be considered for their child . Where parentsadvise a teaching member of staff at their school that they believe their child is disabled, then that school isresponsible for notifying the LA (as the secondary testing administrator), of that assertion.

As the Secondary Transfer Test is not compulsory, parents together with their childs headteacher shouldconsider whether a childs specific Special Educational Needs would make him/her suitable to be placed ina grammar school and hence whether it would be appropriate for that child to take part in the SecondaryTransfer Testing Process. The Special Access Panel is concerned that in some instances there aredifficulties that would impact on performance to such an extent that it would not appear to be in the interestsof the child for them to be tested.

At the beginning of the summer term prior to the test, headteachers will be asked for details of children for

whom the normal day-to-day delivery of the curriculum is adapted to meet their particular needs and wherethese needs will impact on the childs ability to access the test papers. Aspects that may affect performancemay not be considered.

On the request form headteachers will be specifically asked:

1. To confirm the childs SEN status2. To provide details of the nature of a childs disability and to detail the evidence to support this3. To clarify why a non-disabled child should be considered for adjustments and to detail the evidence to

support this4. To describe the support that the child currently receives in school to enable access to the curriculum.

Details of recent standardised tests relevant to the application should be included. Access might be

affected by a childs reading ability and speed and if this is the case, up-to-date details should beincluded

5. To suggest reasonable adjustments to enable the pupil to accessthe Secondary Transfer Test. Thisshould normally be based on point 4 above.

On receipt of this information from headteachers, together with supporting evidence from the otherprofessionals involved with the child, for example full copies of reportsfrom:

Chartered Educational Psychologist (or an Educational Psychologist registered with the HealthProfessions Council)

Physiotherapist

GP Medical specialist

Occupational therapist

Specialist teacher appropriately qualified to provide information on a visual, hearing or physicalimpairment

and other reports such as an Annex A/Individual Education Plan/provision map with targets, reading ageand reading speed details (no more than six months old). The professional reports provided must beup-to-date (no more than 12 months old), clearly dated and where tests have been quoted they must beage appropriate.

Exceptionally, EP reports that are no more than two years old will be accepted provided that where

appropriate, up-to-date reading age and reading speed details from the last six months are included.

The only other exception is where the report relates to a physical disability or a named medical condition. It

should be noted that a case cannot be considered on the basis of a parents or headteachers submission

alone.


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The Special Access Panel members consider each case on the basis of the information provided,individually in advance of the meeting and collectively at the meeting. Papers are sent to the Panelmembers seven days in advance of a meeting. The Panel will, where necessary, seek advice from the testprovider CEM (Centre for Education and Monitoring, University of Durham) regarding the appropriatenessof any requested adjustments over and above adjustments that have been set out and agreed in advancewith CEM as recorded in this document.

The Special Access Panel comprises an Educational Psychologist, a representative with an understanding

of pupils with Special Educational Needs and a representative with experience as a headteacher in aBuckinghamshire primary school.

The LA will advise headteachers and parents prior to the Preparation Test where adjustments can be

made. The child will then sit the test. If possible, decisions about adjustments will be notified by the end of

the summer term.

Deadline for receipt of completed request foradjustments5 pm on:

Decisions advised by letter posted on:

10 June 2016 13 July 2016

22 July 2016 24 August 2016

Should a request for adjustments be received after the end of the summer term, it will be considered late.These cases will be considered in a much later meeting and testing will be delayed until after the maintesting date. The test results will not be available for release until after the preference deadline (31October), so parents will need to express both upper/all-ability and grammar school preferences.

Any requests received from the beginning of the autumn term 2016 onwards will only be considered wherethere are clear exceptional reasons for there being no earlier application such as where a child has movedto the area after the testing registration deadline.

Where it has not been possible to agree to the requested adjustments, alternatives may be offered. It is notpossible for a case to be reconsidered against the Special Access Panels decision prior to testing.

4. The Reasonable Adjustment Duty

The LA and schools, including academies, are required to make reasonable adjustments to ensure thatdisabled pupils are not placed at a substantial disadvantage in comparison with non-disabled pupils.

There are potentially two exceptions to this requirement:

the provision of auxiliary aids and services; and

the removal or alteration of a physical feature.

The legislation is constructed in this way because:

the Children and Families Act 2014 makes provision to meet the educational and health needs ofdisabled children, if the disability inhibits learning; and

the LA and schools are required to plan over time to increase the accessibility of schools to disabledpupils, including making changes to the physical environment of schools. They are not required tomake physical adaptations that would incur unreasonable costs and would affect the provision ofeducation for other pupils.

The following is a non-exhaustive table of reasonable adjustments that, for 2017, have been agreed inprinciple by the grammar schools, CEM and the LA (as the secondary testing administrator). They will

consider making the following available to a pupil who is sitting the Transfer Test and is considered as

disabled within the terms of the Act and where the childs needs are such that their ability to access the test


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papers is affected. The applicability or provision of any given adjustment(s) will depend on the particular

circumstances.

Adjustment What can be done Particular

evidence (see

note below)

Appropriate for Other considerations

Adapting

question

booklet

Larger font (usually

up to a maximum of

18pt) and/or coloured

paper versions can

be provided. Papers

would be provided in

different colours by

agreement with

CEM.

(Preparation Test

papers are also

available.)

Special Access

Panel will need to

gain CEM

authorisation for

CEM to produce

enlargements at

18pt.

Children with a

visual impairment

or dyslexia.

Provision of a suitable work area

in which to take the test as the

booklets will be A3. Suitable

lighting.

Where a larger font than 18pt is

generally required by a child then

a VI specialist teacher needs to

evaluate and advise whether the

test can be sat in whole or in part

or whether the child should be

disapplied from all or part of the

test. (Where a child is disappliedfrom part of the test see section

5.)

Adapting

answer

sheet

Enlarged versions

can be provided up

to 18pt or, on the

request of the

Special Access

Panel, CEM will

provide a special

enlargement for the

answer sheet or a

different coloured

paper version.

See above. Children with

dexterity

difficulties, those

who are

red/green colour

blind or have

other visual

impairments.

Where an enlarged version is

used, school staff are responsible

for transferring answers to the

original over-printed answer sheet

and all copies to be sent for

marking.


in which to take the test. Suitable

lighting.

Where permission to copy

material is given by CEM, quality

must be monitored.

Coloured

overlay/filter

lenses

Overlays and lenses

used in class can be

used during the test.

Children with

dyslexia or those

with visual

impairments.


in which to take the test. Suitable

lighting.

Amanuensis An amanuensis

(usually the childs

LSA) would complete

the answer sheet on

the childs behalf and

at their direction.

Evidence to confirm

regular use of

amanuensis in the

classroom.

Children with

severe motor or

visual difficulties.

Child would need to be tested

separately.

Child may also require enlarged

test materialssee above.

Reader/

prompter

Provision of a

reader/prompter is

limited to reading the

questions in all

sections apart fromthe comprehension

text which should still

be read by the pupil.

Evidence to confirm

regular use of

reader/prompter in

the classroom.

Children with

reading

difficulties which

might affect

access to thetest. Children with

severe attention

difficulties.

If agreed, the child would need to

be tested separately. The test

style provides greater support for

children with attention difficulties

so this may not be necessary.


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Adjustment What can be done Particular

evidence (see

note below)

Appropriate for Other considerations

Break during

the test

One or two short

breaks during the

test achieved by

pausing the CD

between sections.

Evidence to confirm

child regularly takes

breaks during class

tests.

Children with

physical, motor or

visual difficulties

that cause

fatigue.

Children with

conditions which

impair

concentration.


separately.

Extra time 10% or 25% extra

time may be agreed

for some or all

sections of each test

paper. Extra time

may be offered for

individual sections or

for all, depending on

need. It is unlikely

that extra time would

be permitted on the

non- verbal section.

Clear evidence

from professionals

in addition to school

based staff, to

show impact of

childs difficulties in

similar timed tests.

Reading ability and

speed should be

provided to enable

Special Access

Panel to evaluate.

Occupational

Therapy report

where a child has

slow processing

speed.

Children with

significant

physical, motor or

visual difficulties.

Children who areseverely

dyspraxic or

dyslexic.


separately, test will require

manual administration.

Invigilator to

read text

rather than

using CD

Each test centre will

have a testing

transcript to use in

emergency where

there are issues with

the CD but it may be

appropriate for this to

be chosen to be

used for children with

particular needs.

This may be

appropriate for

hearing impaired

pupils.

Other Requests for other reasonable adjustments will be considered in the light of the evidence provided.

Where a child has multiple needs or is severely disabled, the Panel may agree a number of

adjustments.

NOTE

Particular Evidence: this is in addition to details of the day-to-day adjustment and relevant professional

reports (see Section 3: Timeline).

5. Arrangements for visually impaired children

A) If a visually impaired child is able to access normal print or font size 18pt, they will be required to sit bothtest papers but may find that they are unable to access the non-verbal reasoning sections. In this case


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extra time would be provided and they would be tested separately. Evidence of academic ability will alsoneed to be gathered (e.g. teacher assessments). The VI support teacher will need to provide a report. Thechild may either be dis-applied from the non-verbal section or they can complete the section, in which casethe result would then be provided to a Selection Review Panel for special consideration if parents feelstrongly that their child would be suitable for a grammar school.

B) If a childs visual impairment is such that they require an enlargement in excess offont size 18pt, then ithas been agreed that, due to the varied nature of the Secondary Transfer Test provided by CEM, the test

will not be able effectively to measure the childs abilities.

Instead the childs placement will be considered through an enhanced secondary transfer review(provision). A multi-agency decision to name a grammar school can be made in this instance as part of thenormal secondary transfer arrangements made to enable pupils with a Statement of Special EducationalNeeds/ Education Health Care( EHC) Plan to move up to the appropriate secondary school. Evidence ofacademic ability will need to be gathered and considered (e.g. teacher assessments). The VI supportteacher will provide a report. If the decision is to agree that in principle a grammar school can be namedthen following the meeting the decision should be provided, in writing to the Admissions and TransportTeam. At this point it is not necessary for the individual grammar school to be named.

6. Other disabilities

The enhanced secondary transfer process arrangements may also be put in place for any other child with a

Statement of Special Educational Needs/ EHC Plan who is identified as requiring special arrangements and

the professional evidence about their specific needs identifies that they would not be able to access the

Secondary Transfer Test with adjustments.

Eqa Tt Guidance 2017 Entry Final

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