TDA 3.2 Schools as Organizations Task 4.1, 4.2, 4.3
Legislation affecting schools
Task 4.1 Summarise the laws and codes of practice affecting work in schools
Children's Act 2004
The Children's Act 2004 came into being alongside Every Child Matters. It impacts the way schools address care, welfare and discipline. There are five basic outcomes that are key to a child's well-being. These are being healthy, staying safe, enjoying and achieving, making positive contributions and achieving economic well-being. This act increases accountability and requires agencies involved with children to take on more responsibility for each child's welfare.
The UN Convention of Rights of the Child 1989
To protect basic human rights of children in
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The departments of a company that are holding personal information are required to have adequate security measures in place. Those include technical measures (such as firewalls) and organisational measures (such as staff training).
Subjects have the right to have factually incorrect information corrected (note: this does not extend to matters of opinion)
Freedom of Information Act 2000
“This Act was introduced in January 2005 to promote transparency and accountability in the public sector.” Anyone may make a written request for information being held by a school. The schools have a duty to provide assistance. Some information may be protected due to confidentiality. Schools need to follow the guidance provided by the DCSF when handling requests for information.
Special Educational Needs Code of Practice 2001
Under the SEN code of practice, children with special education needs have increased rights to mainstream education. It sets out the processes and procedures that schools should follow to meet the needs of SEN children. The code of practice “gives guidance to early education settings, state schools, local authorities and anybody else who helps to identify, assess and provide help for children with special educational needs.”[1]
Health and Safety at Work Act 1974
All people have the right to be protected from work related risks. The Health and Safety Act “set the standards that must be met to ensure the health
This act required the code of practice be introduced for guidance on identification and provision of special educational needs. The role of the SENCO was introduced in schools and parents were able to challenge local authorities about providing for pupils with SEN.
E Occupational Health and Safety Administration (October 2013) You have the right to a safe workplace. Retrieved from
The special educational needs (SEN) team are supported by a very active group who make sure that they provide a range of activities to meet the needs of our ever growing community of special schools, as well as colleagues in mainstream primary and secondary schools. Their aim is to work together to ensure good practice to promote effective approaches to enhance the students learning with Special educational needs.
Education Act 2002/2006 - Schools which have innovative ideas to improve education, but are prevented by an existing law from implementing them, will be able to apply for exemption from that law. Schools which demonstrate a high standard of teaching will be given exemption national controls such as the national curriculum, agreements on teachers' pay and conditions and the way the scheduling of the school day and terms. The act imposes various minimum standards for independent schools in areas such as health and safety and space requirements
The Special Educational Needs Code of Practice 2001 outlines the statutory guidance for policy and the procedures and responsibilities towards children and special educational needs. It includes the levels of support which should be provided to children depending upon their individual needs.
The idea behind the Act is to promote (co-ordination between multiple official entities to improve the overall well-being of children. The 2004 Act also specifically provided for including and affecting disabled children. The Act places a duty on local authorities and their partners (including the police, health service providers and the youth justice system) to co-operate in promoting the wellbeing of children and young people and to make arrangements to safeguard and promote the welfare of children.
Under the Health & Safety at work Act I have many responsibilities as an employee. These responsibilities must be obeyed in order to maintain a safe working area and minimize any potential hazards or risks to yourself or others. Some of my responsibilities as an employee are as followed:
In the early 1990’s there was an introduction to the intricate code of practice, in which they propose children in mainstream schools must ideally have their needs assessed in multiple stages and be provided with extra help from the following; ordinary resources of the school, outside and be provided with statements if their needs appeared to permit it. In order to ensure all procedures of assessment were be followed through correctly, it was the responsibility of the school to appoint someone as the special educational needs coordinator. Schools implemented an appeal system in which parents could comply their complaints and disputes with Local Education Authorities. In was the belief of the code, children with SEND were granted the option
The health and safety at work act promotes good safety of individuals in a health and social
These laws and policies a put in place to protect children and young people’s health and also their wellbeing, for example the Health and Safety Act of 1974 are in place to make sure that the environment where children and young
FERPA, also known as the Buckley Amendment, is the Family Educational Rights and Privacy Act. Originally passed by Congress in 1974, this Act prohibits the improper disclosure of any personally identifiable information pertaining to education records. These records may include financial account details, class schedules, grades, or any personal information. FERPA grants the parents of a student under the age of 18, or the eligible student over the age of 18, or those who are attending a post-secondary school, the right to access, amend, or disclose education records. For a school to disclose any information pertaining to a student’s education record, the eligible student must provide written consent. However, there are some exceptions to this
On October 1st 2010, the Equality Act came into force. This consolidated and strengthened the previous equality laws. This act prevents children and their families from being discriminated, victimised or harassed because of their age, sex, race, religion or disability. Through this act each child, whether already in the setting, or applying through admissions, will be treated in a fair and equal way, with aims for all children to have reasonable provisions to allow them to access all educational areas. Although a school is not expected to make adjustments that are not reasonable, they are expected to make general adjustments, reasonably planned within the school’s approach to planning for SEN children. The Equality Act 2010 outlines four definitions of discrimination, direct discrimination, indirect discrimination, discrimination arising from a disability and harassment and victimisation. This allows school settings to have clearer expectations and implement them. The Equality Act 2010 and the Discrimination Disability Act (DDA) (2005) both aim to ensure each and every child has access to a broad and balanced academic and social curriculum. Following this code of practice in a school, confirms that all members of staff provide the same high-quality teaching to children, as well as displaying professional behaviour.
Most schools and academies now have written policies and parts of their mission statements specifically made for the inclusion and equality of SEN children. They must be in written form and should also be posted on the website for access to all who require it. There should also be policies which show the rights and responsibilities of those within the environment.
All those involved with children are likely to hold personal information about them, including sensitive personal data. This legal act covers how personal information is to be protected and not disclosed randomly. Professionals can
There are many legislations and guidelines affecting safeguarding of children and young people. The Children Act 1989, assigns duties to local authorities, courts, parents and other agencies to ensure children are safeguarded, their welfare promoted and for children to be consulted in decisions affecting them. The Children's Act 2004 made amendments to the act of 1989 after the failings regarding Victoria Climbe. It places duty on local authorities to work together and share information introducing local Safeguarding Boards to work collaboratively to safeguard children and young people. This includes the five outcomes of Every Child Matters 2003. The Childcare Act 0f 2006 introduced plans for children aged 0-5 to