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PostPosted: Mon Mar 02, 2009 1:54 pm 
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Hi,

My son is dyspraxic. He would usually get 25% extra time in exams. KE foundation refused and he has not gained a place. His GCA is on 82nd percentile. But his VR is on the 99th and NVR 84th. (His GCA is depressed by a poor spatial score).

Im thinking about appealing under diability discrimination act. Does anyone have experience of this, especially with the foundation?

Thanks

Fran


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PostPosted: Mon Mar 02, 2009 2:33 pm 
I'm sure you already know that KE grant almost no appeals.

I am very sympathetic but I can see KE fighting this tooth and nail. Two of my pupils also would normally be granted extra time (severely dyslexic and asperger's syndrome), but weren't for the KE exam. I think you could times that by another 50 or more, some of whom will not have gained a place and would also feel they should appeal on similar grounds.

I think KE will argue that, if your child cannot gain entry without the extra time, then they possibly would not be able to stand the pace of a KE school.

Perhaps you might want to start another thread based on appealing on the grounds of disability discrimination rather than specific to KE (because few people will have experience of or know anyone who has appealed successfully to the foundation).

I wish you luck, nevertheless, and possibly you might want to PM KenR. If anyone knows about the vagaries of the KE foundation, it would be KenR.


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PostPosted: Mon Mar 02, 2009 2:47 pm 
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thanks will try!


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PostPosted: Mon Mar 02, 2009 3:54 pm 
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Dear fran

I can't help specifically with KE, but Ken tells me they allow very few appeals.

Happy to advise on disability, and to keep to this thread.

Be prepared for a very long drawn-out process!

Does your son's dyspraxia fit the definition of disability as set out in the Q&As, A5?
http://www.elevenplusexams.co.uk/11plus ... nswers.php

What evidence did you submit to KE, and was it made clear that the dyspraxia is at least moderate (if not severe)?

Did you request any particular adjustments, and did they give any reasons for refusal?

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Etienne


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PostPosted: Mon Mar 02, 2009 4:26 pm 
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Hi Fran,

I don’t have any knowledge of KE or foundations schools, but I do have bags of experience of the DDA in relation to schooling as both my children are ‘probably’ covered by it.

You should bear in mind that the 2001 DDA is a bit woolly.

For a start, NO condition is absolutely and automatically covered by the DDA. Even if you do fit all the criteria, each case is examined on its own merit and no legal precedent is set.

This means, in effect, that even if an identical case to your child’s has already been tested in court and/or been accepted by a school as being covered by the DDA, you would still have to argue your particular case and even be prepared to go to court if necessary.

In DD’s case (different part of the country from you) even though the appeal panel decided DD was covered by DDA, they found that she hadn’t been discriminated against through not being given extra time.


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PostPosted: Mon Mar 02, 2009 5:50 pm 
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Hi,

Yes he does fit the description covered in the act. The foundation also stated in their letter that he did meet the definition of disabled as described in the act. They had mountains of info including 2 x ed psch reports, an occupational therapist report and a diagnosis from his consultant paediatrician. When I pushed for the minutes of the panel meeting I was given the following "reason" as to why he was not allowed extra time:

"The panel noted that .......'s verbal, non-verbal, number skills and comprehension skills were either well above average or within the expected range for a child of his age"

Thus suggesting he doesnt need the time. The point is the disparity between he scores VR 99 centile NVR 84 centile Spatial 12. Clearly I wouldnt be considering a grammar school if he wasnt intelligent. The point is he needs the extra time in exams to demonstrate it.

They did allow him his own pencils and a stress ball which is recommended in the OT report.

After the exam I wrote again stating that the exam was clearly designed to test processing speed (75 q's in 12 mins) and that he was clearly placed at a substantial disadvantage because his processing speed is slow due to his dyspraxia.

They wrote back and said we've noted your comments, appeal if he doesnt get a place.

But now I dont know if he will be able to cope if he does win a place on appeal. If they had just given the extra time at least I would know he was able enough to fit in.

thanks

fran


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PostPosted: Mon Mar 02, 2009 6:55 pm 
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Dear fran

I think what they are doing is dubious. It reminds me of the practice of some LAs when disability legislation came in - they made no reasonable adjustments, and argued "If you're not happy, this can all be sorted out afterwards at appeal!"

Have a word with the Equality and Human Rights Commission helpline
http://www.equalityhumanrights.com/en/a ... pline.aspx
to see what they think. (I can't promise that they'll say more than "Try an appeal" at this stage, but it won't do any harm to sound them out. You could mention for good measure that the appeal panel in question has the reputation of allowing very few appeals.)

Ed. Psych. reports, as far as I'm aware, are not strictly timed, so it's curious that the Foundation believes a high Verbal Comprehension score proves there's no need for reasonable adjustments. In my view it's plain common sense to take into account any significant gap between cognitive ability and processing speed.

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Etienne


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PostPosted: Mon Mar 02, 2009 7:21 pm 
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Location: Birmingham
Hi Fran

Have you had the his scores from the KE Foundation for his results in the respective VR, NVR and Numerical sections. (They will give you a breakdown by each section if you ask)

Also can you provide details of which KE schools you applied for (in what order) and how far out from the pass mark.

You need to see first of all if the KE Test results correlates with the GCA results which might indicate possible grounds for Appeal, particularly if the scores are close to the pass mark.

As Etienne mentioned, there are very few successful Appeals to the KE Foundation.

Not doubt you are aware of the Kings Grammar School judgement by the Local Government Ombudmans last year:-

http://www.lgo.org.uk/complaint-outcomes/education/education-archive-2008-09/king-grammar-school-grantham-07c03329/

Quote:
King’s Grammar School, Grantham (07C03329)
School admissions Maladministration causing injustice

26 July 2008

King’s Grammar School, Grantham, failed to make reasonable adjustments for an autistic boy sitting its 11-plus entrance exam. The Ombudsman says that the School had taken incorrect advice and failed to consider its duties under the Disability Discrimination Act and the Government’s Codes of Practice on School Admissions and School Admission Appeals.

The Ombudsman was pleased that the School quickly accepted its fault and agreed to follow her recommendations for a remedy.

An autistic boy with dyspraxia and attention deficit disorder sat the 11-plus exam for King’s Grammar School, Grantham. Acting on advice from a consortium of local grammar schools, the School failed to make any adjustments for him. The consortium wrongly advised that adjustments did not need to be made unless a child had a statement of special educational needs. The boy’s conditions came within the definition of disability, and so the School was under a duty to ensure that he was not disadvantaged.

The boy became so upset during the exam that, part-way through, he could not see the paper and was very distraught. He failed the exam, and his mother appealed against the consequent refusal of a place at the School. The record of the appeal panel hearing shows that it did not consider the School’s duties under the Disability Discrimination Act or the Codes of Practice of School Admissions and School Admissions Appeals. The Ombudsman says this was maladministration.

The boy was admitted to another grammar school on the basis of his SATS results and his junior school’s recommendations.

The School has accepted and acted on the Ombudsman’s recommendation that it should:

apologise to the complainant and her son, and give a gift token to the value of £50 by way of compensation;
inform applicants of how to raise potential disability issues before their child sits the 11 plus examination; and
whenever disability issues arise in future, make reasonable enquiries and consider its responsibilities in light of the individual circumstances, the law and government guidance.
Date Published: 09/10/08



Regards


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PostPosted: Mon Mar 02, 2009 8:04 pm 
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Hi,

I have requested the scores, they should come tomorrow. I have spoken to the EHRC and they said I have case. But then I look at the number of successful appeals. There must be many more people in my situation. The point of the act it to stop discrimination happening in the first place but clearly it doesnt work.

Will see what the post brings!

fran


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PostPosted: Tue Mar 03, 2009 7:56 pm 
As I understand it the KE Foundation don't make the decision themselves about extra time, special arrangements, etc, for disabled children taking their exam, but employ a panel of experts to hear all the cases and make their recommendations, which the Foundation then put in place. I would guess they choose the experts according to which disabilities are to be considered. So they are probably on quite safe ground when it comes to appeals, that they have at least done their best to comply with the DDA.[code][/code]


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