Round two meeting with governors

[coff33pot]

Got a call to say HT arranging a meeting with the governors and can I attend tomorrow morning.

What happens in these meetings? is it like the meet I just had with school because if she says he wont cope in MS a third time in one week I dont think I can play so calm.

Its supposed to be about my letter to them about illegal exclusion (he wouldnt write) but does it mean she can sit there and pick us to bits all over again. I thought if the letter went to the Chair then it would be the govenors that would contact me for a meeting and not the HT.

Got docs in morning first I am going to look a right state after blubbering at him for anti ds :(

here

will look for the other one for you

Thank you! :)

Circular 10/99 was before statutory guidance and as far as I can see the guidance replaces it. this seems to be the current guidance.

Look at para 12, 25, 26 etc

See DFE exclusion page here which has some flowcharts etc but ignore the top documents which are not yet in force. New guidance is being consulted on for Sept 2012

You also need the school's behaviour policy to see if your child has actually breached it (should be on school website)

Circular 10/99 was before statutory guidance and as far as I can see the guidance replaces it. this seems to be the current guidance.

Look at para 12, 25, 26 etc

See DFE exclusion page here which has some flowcharts etc but ignore the top documents which are not yet in force. New guidance is being consulted on for Sept 2012

You also need the school's behaviour policy to see if your child has actually breached it (should be on school website)

oops internet playing up!

IPSEA factsheets here may direct you more quickly to the relevant bit

So the disability discrimination bit is para 68 of the exclusion guidance - cannot exclude because of a persons disability. Refers to DDA

DDA has now been replaced by Equality Act 2010 which covers Schools in Part 6 here - cannot discriminate by excluding due to disability

A more easy to read guide on Equality Act here under school providers which says (page 63-64):

Excluding a disabled pupil for behaviour which arises as a consequence of their disability is likely to result in unlawful disability discrimination unless you can show that the exclusion was a proportionate means of achieving a legitimate aim.

For example:

A pupil with ADHD is excluded for his behaviour including refusing to sit at his desk, distracting other pupils by talking and running around during classes. The pupil has been cautioned previously and the school does not see any other option than to exclude him. This is likely to be unlawful discrimination as he was excluded for behaviour which is related to his disability. It is unlikely to be a proportionate means of achieving a legitimate aim as no other efforts were made to support the pupil to manage his behaviour.

In addition you have a duty to disabled pupils to make reasonable adjustments to your procedures if needed. This might include:
? disregarding behaviour which is a direct consequence of their disability
? making reasonable adjustments to manage such behaviour
? considering alternative, more appropriate punishments, and
? ensuring that a disabled pupil is able to present their case fully where their disability might hinder this.

For example:
? A pupil with Tourette syndrome involuntarily yells out and sometimes swears in class as a result of his disability. This behaviour is disregarded by the school and he is not punished when this occurs.
In the above example, the school puts an inclusion strategy in place for the pupil with ADHD. This includes providing a support worker, implementing specific behaviour management techniques, and using positive discipline and reward methods. When any behaviour that is related to the pupil?s disability does occur, the teacher does not punish him but rather uses one of the agreed strategies to manage it effectively. These reasonable adjustments assist the pupil in managing his behaviour and improve his educational outcomes.
? A pupil with learning difficulties sometimes becomes disruptive in the classroom and as part of the school?s differentiated behaviour management strategy she is given time out of class to work with her support worker and positive rewards on a daily basis for good behaviour rather than punitive punishments such as detention.
? A school wishes to speak with a pupil with autism to find out why he acted aggressively towards other pupils. The pupil finds unfamiliar situations very stressful which has a negative effect on his communication. In order for him to be enabled to best explain his actions, the school works with his support worker so he is prepared for the meeting, and the meeting is held in a familiar space.

Thank you so much Agnes :) and yes net is playing up! I have been kicked out twice grrrrr!

Just having a good read up

The agenda is exactly what we had when we made a formal appeal to the governors regarding DS exclusion. The chair adhered to it pretty strictly. Did they not also say who was attending? would normally only be a small number of governors ideally including one with responsiblity for SEN. The time to prepare is shockingly short. The meeting ought to be minuted by the clerk to the governors. If that isn't made clear at the beginning check up on it. It sounds as if the meeting is being set up to consider the exclusion only but all the failure to carry out the statement provisions is relevant background. You might find you have to make a seperate complaint about that as procedures around exclusions are fairly rigid. If our experience is anything to go by, you might get an apology from the governors but not from the HT which is what is really needed. If the exclusion is judged wrong/inappropriate that finding should be put on DS school record. Check in a week or so that it actually is. (DS's wasn't).

Well what I have done is started the bullet points with the fact that I am there because this exclusion is the last and final straw of a string of unofficial exclusions.

That way they at least read it if wont consider previous.

Then I have listed the Lacks:

Lack of provision of quite retreat to do work or compose etc

Lack of ahereing to statement requests despite 2 la meetings
Playtime being withdrawn as a consequence for 4 days at a time when his disability requires heavy muscle work and excercise to release stress levels

Lack of calling in ASD team when requested on 26 march by LA (have report) and was again insisted upon on the recent meet means that school were still non understanding of how to meet his needs.

DS disabilities prevent him from being able to keep still, process demands and complete tasks.

Time outs in busy classrooms despite constant advice this has a detremental effect due to his disability.

and on and on

Trying to build the picture that its all these LACKS that escalated to his exclusion along with the fact that all he did was not write because he cant and ran and hid in the loo.

Have managed to wangle cover so DH can come too thank goodness.

I am hoping that they will then accept that its the schools failings to adhere to the statement that is causing his behaviour and so kill two birds with one stone. DREAM ON

Good luck at your meeting coff33pot. Your up late!

Should be you're not your!

Still printing LOL. I wont sleep tonite I never do if I have a meeting. I have to make sure I dot and highlight every pointer and then read it over so I cant be pulled up on error. I memorise it in my head. If I sleep I will forget it.

My silly ways :)

They really should throw out the exclusion totally wrong and all the things you have highlighted should point to that conclusion. However because exclusion related things are quite tightly regulated I wouldn't be surprised if they don't consider the other issues at this meeting. But you have it all in writing to make a further complaint about those issues. You can appeal to LA if you are not satisfied with governors's response. Good luck for the meeting I'll be thinking of you.

Thanks for the luck and the advice NoHaudin :)

Good Luck!

The guidance says exclusion should be a last resort - so you can then use your list of lacks as evidence it was not a last resort as there were all these other things they not only could have tried, but were obliged to try.

All the best for today coff33pot

check in when you're back.

Good luck again. I'll check back later and see how things went.

gl coff, make sure ht doesn't go in room to govs before the meeting, it's a breach of the law re gov meetings, if ht does go into govs then point this out, you should get a copy of findings within 24hrs, and minutes within 7 days, my father inlaw is a school gov n his word of advice to me was remember they all piss in same pot, govs will cover for ht.....don't give them a chance shoot em down at every chance. wish i could come n hold your hand....gl (load your gun) lol

forgot to ask, did you get exclusion in writing when you picked ds up? if not you should get exclusion paperwork before the first school day of exclusion. (this is point of law) if no paperwork was issued this is unlawful exclusion and should not be on ds records and should be quashed. request full apology from ht in writing stating why this happened and promise this won't happen again.

Very good luck for today. You have done brilliantly getting everything together so coherently (esp with such little notice). I hope the HT squirms.

Will look out for an update.

Sorry, I haven't had been able to post much this week but I am wishing you every good luck for this meeting. How stressful for you all!

Good luck for the meeting today, will be thinking of you.

Good Luck in your meeting, thinking of you x

May the 4th be with you Coff!