How do I get my child into an oversubscribed Reception class?

[GloriaTheHighlyFlavouredLady]

We moved too late for admissions. All the schools that I can get to (I don't drive and have 2 under 5s and one on the way) are full. The eldest is supposed to be in Reception.

He has a statement of SEN with full-time support. We have hired a tutor who has a masters in child development and a tutor who trained as a speech and language therapist and would hope the school would take them on as they are cheaper.

Is getting him with his provision impossible? Does the 'support' have to be a qualified teacher ( given that many teachers don't have to be qualified any longer?!)

I would appreciate any help.

Tia

If he has a statement the school has to accept him even if it's full. (Unless they can prove that they can't accommodate him.)

They don't have to accept his support.

So you should meet with the SENCOs of the schools you can get to, and decide which one you want to send him to.

Indigo, I'm pretty sure that is not the case for infant classes. It is try of juniors and secondary I.e anything above year 2.

OP if the statement names the school the child must be admitted even if this takes the class over 30 pupils to one teacher. As Indigobell suggests - if the statement does not name a school then visit local schools and then speak to the LA about which school you want named in the statement.

I am not sure how you have a statement of SEN when you do not have a school place. Was the SEN statement issued when they were in nursery and before you moved?
If it was, you will probably have to go through the statementing process again with the LA that you now live in and that may well not result in the same level of support. It is highly unlikely that any one to one support would be a qualified teacher, the funding is simply not enough for such a person. Most school would bring in specialist help such as speech and language therapist through the LA which is unlikely to be the person that you have employed. You will certainly not be able to insist on the school employing a specified person, if they do not want to.
You need to talk to the LA concerned and you need to look around the local schools to see which best suits your child's needs. I confirm that as you are not now at a normal admission point to the school that the normal issues around full schools and infant class size regs do not apply. You will be admitted to the school if you insist on naming that school on the SEN statement.

Thank you. Indigo you were right. I've just found a document that explains it all. It does put the school in a tricky situation the following year but their solution to that is something I know I can help them with.

Admission. Ds does have a school named but the HT there has been so vile to us that we have kept him at home whilst trying to find another. We have a tribunal soon so should be able to change the school.

Oh and both of his tutors are trained in ABA so fulfil the definition of 'qualified teacher' under the title 'specialised instructors' as well as being cheaper than LA TAs.

bump for any more thoughts?

Teachers do have to be qualified ie. have QTS (qualified teacher status). An ABA tutor would usually not count as a qualified teacher, even if they are specialised in a particular field. What made you think teachers don't have to be qualified ? (curious)

LSAs supporting children with a statement of SEN are rarely qualified as teachers. In fact this can be a real problem, as often the most needy children are handed over to the least qualified members of staff.

In my opinion, schools are unlikely to allow you to provide your own support. Often LSAs may be employed to support several children with a statement (ie. 3 children with 12 hours support = one full time job so easier for the school to hire).

So what would fulfil the qualified teacher definition of 'specialised instructors' if not an ABA tutor?

Must be wrong about teachers needing to be qualified then. Perhaps teachers simply need less hours of training these days and there is more allowance for TAs to take the class sometimes.

as far as I know there is no qualified teacher definition of 'specialised instructor' in primary school. An ABA tutor is not a qualified teacher. Maybe you are thinking of further ed?

In primary education, a teacher is a person with qualified teacher status (QTS) achieved through an approved initial teacher training route (PGCE, B.Ed, BA +QTS, GTP, SCITT, RTP).

I don't know about teachers needing fewer hours of training these days, but yes, there is more allowance for TAs to take whole classes on occasions.

Qualified teacher status (QTS) is the accreditation that enables you to teach in state-maintained and special schools in England and Wales. An ABA tutor does not automatically meet the criteria although some may have previously been teachers

A TA can only legally supervise (not teach) a class for limited periods under the supervision of a qualified teacher

Just to clarify mrz's comment, independent schools (including state-funded ones ie academies and free schools) are free to place unqualified staff in charge of a class if they wish. At academies and free schools, there must be teachers (with QTS) in charge of special needs and looked after children.

I don't think that independent schools are allowed to say that those staff are "teachers", so you might see "form tutor" and a various types of "instructor". Having said that, most of those who teach in independent schools will have the usual qualifications, but as they don't have to, it's one more thing that's worth checking if it is important to you.

Thank you.

Can I ask another question?

If the oversubscribed Reception currently already has 2 'excepted' children. Won't they therefore need to hire a QTS for the following year for Year 1, regardless of whether my ds begins there?

(I know, I know, - can't see the HT being very happy about it)

Mrz, I asked the Dept for Ed what 'specialised teacher' meant (As it is a definition of 'qualified teacher' that they have published, and so far I have failed to find anyone who knows. One person said that they think it means anyone who the HT thinks is capable and can justify his/her decision for

GloriaTheHighlyFlavouredLady if you check a "specialist trainer" qualifies as a "school teacher" under the present rules but not as a "qualified teacher" there is a difference in what they are legally allowed to do and a huge difference in pay.

the quote I posted earlier is from the TDA site Qualified teacher status (QTS) is the accreditation that enables you to teach in state-maintained and special schools in England and Wales.
tda.gov.uk/get-into-teaching/faqs/becoming-a-teacher/qualified-teacher-status.aspx

however they would meet the requirements under

The Education Act 2002 refers to the School Standards and Framework Act 1998 (i.e. the duty to set a limit on Infant Class sizes) and substitutes single ?qualified teacher? with the term ?school teacher?. A ?school teacher? is someone paid under the provisions of the School Teachers? Pay and Conditions Document. Under Section 122 of the Education Act 2002 the Education (School Teachers' Prescribed Qualifications, etc) Order 2003 was made and defined that a ?school teacher? included:
v Headteachers
v Qualified teachers
v Overseas trained teachers
v Instructors with special qualifications or experience
v Staff on an employment-based teacher training scheme
v Graduate teachers
v Registered teachers
v Student teachers
v Teacher trainees yet to pass the skills tests
Note:

1. A 'school teacher' does not include teaching assistants, higher level teaching assistants or other support staff.
2. Each class or group of pupils must have a teacher assigned to them and a school cannot substitute an unqualified person for a teacher for the purpose of complying with the infant class size limit.

Thank you.

It is this: 'Instructors with special qualifications or experience'

that I am trying to get a definition of, that the Dept for Ed cannot currently help with. I would argue that an ABA tutor with a Masters in Child Development met this criteria - equally an ABA tutor who was also a qualified SALT, but I need concrete grounds etc.

I would speculate that they may meet the criteria for a "school teacher" but not that of a "qualified teacher"

If it's for reception you may find secure.cwdcouncil.org.uk/eypqd/qualification-search?sortExpression=QualificationTitle&searchTerm=&levels=6&awardingBodyId=0&isValidOnly=False

The qualification needs to be Level 6 or 7 to be recognised

Thank you. I'll look at that. This is really hard.

One alternative is that I have recently found out that a local school (which is one of the highest in the league tables unfortunately) has currently 2 excepted pupils in Reception. Can I argue that naming this school would NOT force additional public expenditure on a QTS for Year 1, since they will be doing this anyway? (I KNOW the HT will be anything but thrilled btw but we're getting desperate now).

I agree with mrz, there is nothing in the description of your tutors that implies they would be treated as qualified teachers. A Masters in Child Development and ABA knowledge is not the same as training in pedagogy and national curriculum.

If the reception class has two excepted pupils, then that means that the school does not have to meet the requirements of the infant class size regs this year. Come next September, with a couple of instances that sit outside the regs, the school will need to either reduce the class to 30 or make arrangements that mean an extra school teacher is present for the class. The definition of school teacher MRZ has already posted.
I am also sorry to tell you that the code of practice for school admission appeals is quite explicit in telling admission appeal panels that they cannot admit extra pupils over 30 in infant class size cases when an extra teacher is in place or going to be in place. The presumption is that this teacher is only there short term until the class reduces to 30 by pupils leaving.

And schools have been known to move 2 children from Yr 2 into yr 3 ( where class size limits don't exist), then 2 children from Yr 1 into yr 2 so that there are still only 30 children in a KS1 class despite being over 30 with excepted children when in Reception so that an additional teacher doesn't have to be employed( if you can follow that!)