Ok
As I am sure you all know, because it was so well advertised and the media really took it on the law changed on the 1st of September regarding SEND in schools. It's the biggest change to SEN law in 10yrs and the changes have actually been happening gradually.
As things stand the new code of practice is now law
www.gov.uk/government/publications/send-code-of-practice-0-to-25
There is now NO sChool Action, School Action Plus OR IEPs for anyone who does not have a statement of EHC plan
Some schools are continuing to use all the above but that is their CHOICE it is not law...
OP I get it - really I do but you may well need to change your stance to the school... Regardless of THEIR behaviour towards you and your DD YOU need to be whiter than white in terms of your attitude towards your DD's behaviour...
My son has ASD and challenging behaviour, he's statemented... Last term he witnessed a member of staff saying he had a bad attitude and he was also sanctioned for reacting to a member of staff communicating poorly with him.
I supported those sanctions and my son was told 'I am not interested in anyone else's behaviour or actions, only yours and I expect.........'
Now the incidents that happened were damn out of order - I was disgusted with the school - I wrote to head and asked that she dealt with it but at the same time I made it explicitly clear that I had dealt with my sons reaction to the situation
I made sure my son was not aware of my complaint and I made sure school were aware that he did not know. The members of staff were spoken to regarding their part in the incident - they have to work with my son and have to discipline him still so it was imperative that the relationship was not undermined by my opinion of those staff. There has been no repeats of the incidents.
He has been accused of things that were not him many, many, many times but he can never answer Yes when I have asked 'Were YOU sitting quietly, listening, doing your work?'
As I have said to him - like it or not he is more likely to be noticed than the next person so make sure 'YOUR behaviour is at the level that is expected at all times'
Now my son is not actually capable of maintaining himself but it's not an excuse. If I excuse it then that behaviour works for him.... I do lots of other things to raise his self-esteem, self confidence and we put in supports to help him manage: social stories, routine, visual timetables... It's not enough so he has recently been medicated, by CAMHS for anxiety - that also took a formal complaint.
You need to compartmentalise every element - you can support / impact / change some things but not others. The teachers age, attitude, approach is out of your control and so are the other children so concentrate your DD - pursue CAMHS, put some things in place at home and set her some expectations....
I have been doing this for years - it's a way of life and not a quick fix. It infuriates me the approach to him at times but I am now in a position where my son respects me and my son's school respect me enough to call me and tell me about one of the above incidents before my son did. It's not perfect but I don't waste my energy pursuing issues that I can change anymore either.
It's heart breaking stuff OP