Help, please! Secondary school removing SEN provision on the grounds of COVID-19.

[caravanshed]

My son who has ASD and processing difficulties which are acknowledged in his EHCP is in his GCSE year.

We have just learnt that the school is not allowing him the additional time in his exams that he requires saying 'Unfortunately because of the times of the school day and to reduce the stress on the students, including extra time will not be possible. However, staff will take the lack of extra time into consideration when marking.'

I'm concerned that my son will be disadvantaged as a result of removing the provision for extra time and this feels like abject discrimination to me. Surely this can't be allowed.

How will staff take into account the lack of extra time ?

Is anyone in the same boat or can anyone point me in the direction of any legislation or guidance which can assist here ? Thank you.

I would just point out very firmly that Covid-19 or not, the Equality Act 2010 is still in place and the school still has a legal duty to make reasonable adjustments for disabled pupils. Covid-19 does not make them exempt from this duty.

Not to make reasonable adjustments can be construed as disability discrimination.

www.ipsea.org.uk/types-of-disability-discrimination

www.equalityhumanrights.com/sites/default/files/reasonable_adjustments_for_disabled_pupils_1.pdf

Does the EHCP specify extra time required in exams?