Statutory requirements and guidance for LAs

There are several key areas where schools and local authorities have statutory obligations to children with special educational needs and/or disabilities.

Legal duties

• Cemented to the floor is a useful high level summary of the legal duties which public bodies have to comply with in relation to disabled children and their families.

• SEN legislation. Section 7.84 of the SEN Code of Practice on the Identification and Assessment of Special Educational Needs states that: 'If it appears to the LEA that the child has sensory difficulties, the LEA must obtain educational advice from a teacher qualified to teach children who are visually or hearing impaired as well as from the school or setting.'

• 'Inclusive Schooling - Children with Special Educational Needs' (2001) This publication provides statutory guidance on the practical operation of the framework for inclusion of children with special educational needs in mainstream schools.

• A practical guide for campaigners - disabled people, families, carers and local groups (Updated version July 2012) (Word, 180KB). This paper is intended to help campaigners (including disabled people and those supporting them) understand how the law can be used to help fight cuts to valued services in their area.

Latest government funding guidelines

Find out more about the latest funding statements from the Department for Education (DfE) regarding LACSEG and Academy funding for 2012-13 in our Government policy in education pages.

Disability discrimination legislation

• The Equality Act 2010 provides a single, consolidated source of discrimination law, covering all the types of discrimination that are unlawful. This non statutory advice from the Department for Education explains how schools are affected by the Equality Act and how they should fulfil their duties under the Act. Chapter 4 covers disability.

QTVI mandatory qualification

The statutory requirement in this area makes clear that teachers employed to teach classes of children and young people with a sensory impairment in special schools are required to gain a specialist qualification within their first three years in post.' [Statutory instrument 2003 No.1662. The Education (School Teachers' Qualifications) (England) Regulations 2003, provisions 6-9.]

However, in practice the application of the mandatory qualification is much wider than this:

'The regulations apply to teachers employed in schools and not specialist peripatetic HI/VI/MSI teachers employed in LEA SEN support services. It would, however, be our expectation that such teachers would have the relevant MQ'.

[DfES letter written in April 2003 explaining the purpose of the Education (School Teachers' Qualifications) (England) Regulations 2003. This relates specifically to regulations 6-9]

The specialist standards for the VI Mandatory Qualification specify the skills that QTVIs need.

SEND Green Paper and Inclusive Education

• Support and Aspiration: a new approach to special educational needs and disability (SEND Green Paper). The coalition government's proposals for reforming the framework of provision for children with SEN and disability do not have the force of law yet, but it may be helpful to frame responses to proposed reorganisation of services with reference to them. This is RNIB's response to the consultation which closed in summer 2011.

• UN Charter on the Rights of the Disabled Child. Paragraphs 66 and 67 refer specifically to member states' commitment to inclusive education.