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 Post subject: more invigilator issues
PostPosted: Thu Oct 12, 2006 8:58 am 
I first posted this on the bucks forum but on Patricias advice am posting it here also.
My son sat his second test yesterday and came out very down.
He had been allowed an extra 10 minutes due to his special needs - extra time is part of his statement. He was therefore taking the test on his own.
When the invigilator told him he had 10 minutes left and he was only on question 54... needless to say he panicked and raced through the next 20 questions. She then said oh actually you still have 10 minutes. He couldn't remember which ones he had guessed and didn't have time to go back over them all.
He did have the full time allowed for him but the issue over time really upset him.


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 Post subject:
PostPosted: Thu Oct 12, 2006 9:16 am 
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Joined: Wed Mar 08, 2006 1:06 pm
Posts: 437
Hi Greta,

Have just posted on your original thread - thought I'd better move my reply to here:

Not wanting to sound patronising but well done to you for fighting your son's case through Tribunal - I know of so many parents who just give up in the face of LEA opposition. Just wanted to add re your son needing extra time - you should have been told well in advance of his sitting not the day/night before. Children without a disability know in advance how long they have to complete their test papers, so to only find out the night before could well be disability discrimination, you would have to prove that he has been treated less fairly on account of his disability, I think that the poor invigilating (pretty apalling is an understatment) could certainly strenghten you case.

I agree with Patricia and Sally-Anne, log your disatisfaction now, and given that he has a Statement, write to your LEA as well as the school,you may want to contact the disability rights comission for advice also.
www.drc-gb.org

Good Luck

HP


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PostPosted: Thu Oct 12, 2006 9:17 am 
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Joined: Wed Mar 08, 2006 1:06 pm
Posts: 437
Hi Greta

Just found this on the DDA website:

Since September 2002, it is against the law for schools to discriminate against your child for a reason related to his/her disability in:

admissions
education and associated services, including:
school trips
the curriculum
teaching and learning
school sports
the serving of school meals
Exclusions.



There are two aspects to discrimination.

1. Less favourable treatment

A school may be discriminating if it treats a child "less favourably" for a reason related to his/her disability, and it cannot justify that treatment.

For example:

Refusing your child's application to go to the school because of his/her disability
Refusing to let your child go on a school trip because he has diabetes.

Justifying less favourable treatment

In some cases, the school may be able to justify treating your child "less favourably" if it can show that it did so for a "material and substantial" reason. This means that the reason must relate to your child's particular case and be significant enough to justify discrimination.

Less favourable treatment may also be justified if it is the result of a permitted form of selection.

2. Failure to take reasonable steps

The school can also be accused of discrimination if it does not take "reasonable steps" to ensure your child is not at a substantial disadvantage compared to the other pupils at the school.

For example:

a secondary school fails to make the arrangements necessary for your child to be able to sit public exams
a deaf pupil who lip-reads is at a substantial disadvantage because teachers continue speaking while facing away from him to write on the board
a pupil with dyslexia is told she cannot have her teacher's lesson notes, and that she should take notes during lessons "like everyone else".



Hope this helps

HP


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 Post subject:
PostPosted: Thu Oct 12, 2006 9:59 am 
Dear HP
Many thanks for your advice. I certainly don't take your "well done" as patronising - to be honest the whole statementing process has been the most distressing and draining thing I think I've ever done. That is partly why I feel I couldn't face another battle....anyway I will write to the school today. I know I can't give up - after all if I don't stand up for him who else is going to.

Thanks for your links / comments re DDA - these are very interesting. I will have a look through and try and compose something calmly!


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 Post subject:
PostPosted: Fri Oct 13, 2006 6:20 am 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7061
Dear greta

You've already had to endure the pressure of preparing for one tribunal, and I do understand how unwelcome the prospect of another must be. However, as you say, if you don't stand up for your son, who else is going to?

I agree with Patricia's advice that it is important to log your concerns now. I note that she puts the word incompetence in quotation marks, because this may be the implication of what you write, but your letter should be as factual as possible. Good to read that you intend to compose something calmly!

In the event of an appeal you may need to prepare two different cases: one based on disability discrimination if this is applicable (I'm not sure that it is, but as HP has helpfully indicated, the DRC can advise), and one based on extenuating circumstances (i.e. the confusion surrounding the "reasonable steps" etc.) and alternative evidence of academic ability. Don't confuse the two.

Let's hope that none of this will prove necessary!

Good luck

_________________
Etienne


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 Post subject:
PostPosted: Sat Oct 14, 2006 8:29 am 
Well, I put my "calmly composed" letter with just the facts in yesterday. I think there's probably nothing more we can do now but sit back and wait. Thanks for everyone's advice.


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