Is there a fundamental policy contradiction at the heart of the DfE's guidance “Free Schools in 2012. How to apply – Special Schools”.?
Does the detail of the guidance on applying to open a Special Free School conflict with the stated Aims of the Free School Programme and seriously undermine Government policy to extend parents’ choice and schools’ freedom from Local Authority control?
Consider this: one of the Aims of the Free School Programme sets out a clear expectation to all parents to:
• provide parents with greater choice about the school their child attends – with the power to propose to set up their own school if they are unhappy with existing options;
Together with the Academies' Programme offer to free all schools from local authority control, this unambiguously signifies a radical change of public policy.
For parents of children with special educational needs, this extension of choice is arguably the single most attractive aspect of the Free Schools Programme.
Parents of children with special educational needs deserve no less than to be treated at least as well as other parents and children in the choice of their children’s school.
CONTRADICTIONS?
1. Admissions (see at end for detail)
The process proposed for admissions to Special Free Schools is identical with that currently operating. The current process is widely recognised as too adversarial and requiring of radical change.
- How does maintaining the status quo extend and develop public policy?
- How does it extend parent choice?
- This is a “placement” process rather than an schools’ “admissions” process. Local Authorities will retain control over “placements” and “admissions” as now. How does this compare with the admissions process applied to Academies and other non-Special Free Schools?
2. Evidencing Demand
As a minimal requirement, without which the application falls, applicants to open a Special Free School will need to evidence “support from local authorities that shows they would be willing to place children at your school in line with parents’ wishes” (Section 5).
- How does this proposed requirement extend and develop public policy?
- Does this effectively amount to granting local authorities a power of veto?
- In areas where parents are “unhappy with existing options”, how does this requirement support parents bringing forward new proposals and extend choice?
As the funding formula for children with SEN is still not yet determined, applicants wishing to take forward proposals for Special Free Schools might be forgiven for finding the guidelines both contradictory and confusing.
Nevertheless, we at Paces are committed to the process, having initially submitted an application in August 2010 and now working to complete the new application by the 15th June deadline. No doubt such a radical change of policy will inevitably result in all manner of uncertainties which will only be resolved in time.
Once again, any CE groups considering making an application are welcome to contact me and to draw on all Paces' experience. You have only to pick up the phone or email me.
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From DfE guidance:
· Admission to special Free Schools will be as follows:
o Parents of children with statements can ask the local authority for a special Free School to be named in their child’s statement.
o The final decision on the school to be named rests with the local authority responsible for making and maintaining the statement. If parents do not agree with the school named in the statement, they can appeal to the First-tier Tribunal (Special Educational Needs and Disability).
o Where a special Free School is named in a child’s statement, the special Free School is under a statutory duty to admit the child (even if the child’s SEN is not a type of SEN for which the school is designated).