All mainstream secondary schools will admit pupils who have already been identified as having special educational needs. Some of the pupils will have been identified by their primary school and helped through School Action or School Action Plus, whilst a few may have statements. Secondary schools will need to be aware that any pupil admitted to year 7 may have special educational needs. They should also recognise that children's special educational needs are on a continuum and may also change over time; and that the period of transfer and adjustment to a new school, which is crucial to all pupils, may hold a particular challenge for a pupil with special educational needs.

Provision for pupils with special educational needs is a matter for the school as a whole. In addition to the governing body, the school's head teacher, SENCO and learning support team, and all other members of staff have important responsibilities. All teachers are teachers of pupils with special educational needs. Teaching such pupils is therefore a whole-school responsibility, requiring a whole-school response. In practice the way in which this responsibility is exercised by individual staff is a matter for schools, to be decided in the light of a school's circumstances and size, priorities and ethos.

Central to the work of every class and every subject is a continuous cycle of planning, teaching, assessment and evaluation that takes account of the wide range of abilities, aptitudes and interests of the pupils. The majority of pupils will learn and progress within these arrangements.

Each school is required to plan a curriculum that includes provision for those National Curriculum subjects that are statutory at key stages 3 and 4. Some variations in the requirements at key stage 4 are permitted through the use of the regulations under Section 363 of the Education Act 1996 which permit disapplications of National Curriculum subjects for specific purposes.

In accordance with the statutory framework(22) teachers should deliver the National Curriculum programmes of study in ways that meet the particular learning requirements of their pupils.

Assessment against the National Curriculum level descriptions for each subject will enable the school to consider the individual pupil's attainment and progress against the expected levels for the majority of their peers. Pupils whose overall attainments or attainment in specific subjects fall significantly outside the expected range may have special educational needs.

6.1 Provision in Secondary Schools (23)

All secondary schools will wish to assess pupils' current levels of attainment on entry in order to ensure that they build upon the pattern of learning and experience already established during the child's primary years. Secondary schools should be aware that primary schools are required to transfer to them the school records for all pupils within 15 days of pupils ceasing to be registered at the school. Secondary schools should therefore receive the school records of all pupils in year 7 identified by their primary schools as having special educational needs. When such a pupil is admitted to secondary school, the school should be in possession of a good deal of useful information about the child, including detailed background information collated by the primary school SENCO; copies of IEPs prepared in support of intervention through School Action or School Action Plus; and any statements of special educational needs. This information can help to shape curriculum and pastoral planning for the pupil in the first few months at secondary school. Many mainstream secondary schools supplement the information received from primary schools by carrying out their own assessments of new entrants.

Schools should make full use of information passed to them by primary schools. It is good practice for secondary schools to liaise closely with their feeder primary schools and to arrange induction days for transferring pupils in the summer term. This helps to achieve a smooth and successful transition for all pupils. Where possible secondary SENCOs should attend year 6 annual reviews of pupils with statements to ensure a smooth transition and appropriate planning of the pupil's curriculum and the first year 7 IEP.

If a pupil is known to have special educational needs when they arrive at the school, the head teacher, SENCO, literacy and numeracy coordinators, departmental and pastoral colleagues should:

• use information from the pupil's primary school to provide starting points for the development of an appropriate curriculum for the pupil
• identify and focus attention on the pupil's skills and highlight areas for early action to support the pupil within the class
• ensure that ongoing observation and assessment provide regular feedback to all teachers and parents about the pupil's achievements and experiences, and that the outcomes of such assessment form the basis for planning the next steps of the pupil's learning
• ensure that appropriate informal opportunities for the pupil to show what they know, understand and can do are maximised through the pastoral programme
• involve the pupil in planning and agreeing targets to meet his or her needs
• involve parents in developing and implementing a joint learning approach at home and in school.

The continued importance at secondary level of early identification and assessment for any pupil who may have special educational needs cannot be over-emphasised. The earlier action is taken, the quicker appropriate help can be provided without unduly disrupting the organisation of the school, and the more responsive the pupil is likely to be. Schools frequently make use of appropriate screening or assessment tools to assist them in early identification. Whatever systems are in place, however, assessment should not be regarded as a single event but as a continuing process.

If the pupil's difficulties prove to be temporary their rate of progress may be temporarily different however the pupil will be able to learn and progress alongside their peers. If the difficulties are less responsive to the intervention provided by the school, then an early start can be made in considering the kinds of additional help that might be required.

To help identify pupils who may have special educational needs, schools can measure children's progress by referring to:

1. evidence from teacher observation and assessment
2. their performance against the level descriptions within the National Curriculum at the end of a key stage
3. their progress against the objectives specified in the National Literacy and Numeracy Frameworks for teaching
4. standardised screening or assessment tools.

Schools should also be open and responsive to the expressions of concern by parents, and take account of any information that parents provide about their child. Schools should ensure that parents are aware of the local Parent Partnership service that will be able to offer parents advice and support. Some young people may also raise concerns about their own progress and their views should be treated seriously. In addition, other professionals such as the Connexions Personal Adviser may become aware of issues as they work with young people to address problems particularly associated with the teenage years.

The identification and assessment of the special educational needs of young people whose first language is not English requires particular care. It is necessary to consider the young person within the context of his or her home, culture and community. Where there is uncertainty about an individual, schools should make full use of any local sources of advice relevant to the ethnic group concerned, drawing on community liaison arrangements wherever they exist.

Lack of competence in English must not be equated with learning difficulties as understood in this Code. At the same time, when pupils who have English as an additional language make slow progress, it should not be assumed that their language status is the only reason; they may have learning difficulties. Schools should look carefully at all aspects of a pupil's performance in different subjects to establish whether the problems they have in the classroom are due to limitations in their command of the language that is used there or arise from special educational needs.

At an early stage a full assessment should be made of the exposure they have had in the past to each of the languages they speak, the use they make of them currently and their proficiency in them. The information about their language skills obtained in this way will form the basis of all further work with them both in assisting their learning difficulties and in planning any additional language support that is needed. Where such information is available from a primary school in the case of children known to be at risk, every effort should be made to obtain it at the point of transfer.

The National Curriculum is a statutory requirement for all pupils(24) that sets out the areas and content of learning in each key stage, securing access to essential areas of learning and providing for the development of the knowledge, understanding and skills necessary for self-development and for becoming active and responsible citizens. Children in the primary sector will have had access to the National Literacy and Numeracy Strategies alongside the National Curriculum; and for some children it may be appropriate to continue to adopt these strategies at key stage 3.

Effective management, school ethos and the learning environment, curricular, disciplinary and pastoral arrangements can help prevent some special educational needs arising, and minimise others. Differentiation of learning activities within subjects within the secondary curriculum framework will help schools to meet the learning needs of all pupils. Schools should not assume that pupils' learning difficulties always result solely, or even mainly, from problems within the young person. Pupils' rates of progress can sometimes depend on what or how they are taught. A school's own practices make a difference - for good or ill. The governing body, head teacher, SENCO, heads of department, and pastoral staff should be alert to any particular patterns in the school's identification of special educational needs or parents' expressions of concern. Schools may need to reconsider policies and practice in the light of the pattern and incidence of the special educational needs that are identified.

Teachers should use the National Curriculum programmes of study to teach knowledge, understanding and skills using a variety of methods that are appropriate to the abilities of individual pupils. For some pupils it will be necessary to choose work from earlier key stages so they are able to progress and demonstrate attainment. The National Curriculum Inclusion statement is set out at Annex B.

All secondary schools should consider the options available within the school's organisation to enable all pupils to access the National Curriculum. Differentiation can be addressed by considering the nature and variety of activities and the intellectual demands placed on the individual pupil. Subject teacher planning should be flexible so as to recognise the needs of all pupils as individuals and to ensure progression, relevance and differentiation. Many schools choose to aid curriculum planning and differentiation through the judicious use of setting and streaming of pupils. It should be noted that an individual pupil may progress at different rates in different subject areas and thus consideration of placement in a set should be made subject by subject. Where setting and streaming occur, either the curriculum content or the speed of lesson presentation should still vary to reflect the needs of the particular class group.

In order to help pupils who have special educational needs, schools in the secondary sector should adopt a graduated response that includes a wide range of strategies. This approach will be very similar to that employed in primary schools. Although this response acknowledges that there is a continuum of special educational needs, it also requires that schools should make full use of available classroom and school resources before, where necessary, bringing increasing specialist expertise to bear on the difficulties that a pupil may be experiencing.

This Code sets out a model of action and intervention designed to help pupils towards independent learning; in particular the procedures schools might adopt in order to fulfil their duty to use their best endeavours on behalf or pupils with special educational needs. In many cases the action taken will mean that the pupil's needs are resolved. Only for those pupils whose progress continues to cause concern should additional action be taken. For pupils in the secondary phase this Code recommends that, when a young person is identified as having special educational needs the school should intervene as described below at School Action and School Action Plus. The model recommended is very similar to that advocated for the primary phase, but takes into account the different organisation in secondary education.

These interventions will not usually be steps on the way to statutory assessment. Nor are they hurdles to be crossed before a statutory assessment can be made. Some pupils may gradually require less rather than more additional help if the interventions are a success. Such interventions are an appropriate means of helping schools and parents match special educational provision to individual pupil needs, and are therefore part of the continuous and systematic cycle of planning, action, review and evaluation within the school to enable all pupils to learn and progress.

Good practice can take many different forms. Even those schools that decide to follow the Code's model closely may need to make adjustments to reflect their particular circumstances. The model applies to mainstream secondary schools generally but might be adopted differently in, for example, a selective or partly selective school and a large inner-city comprehensive school. The model embodies the principles set out below, which are central to this Code and to which all schools should have regard:

• provision for a pupil with special educational needs should match the nature of his or her needs
• there should be careful regular recording of a pupil's special educational needs, the action taken and the outcomes

Schools should record the steps taken to meet the needs of individual children. The school's SENCO should have responsibility for ensuring that the records are properly kept and available as needed. If schools refer a pupil for a statutory assessment, they should make available to the LEA a record of their work with the pupil, including the resources or special arrangements already available to the pupil. LEAs and schools may wish to consider the use of an agreed style for IEPs at School Action and School Action Plus. This may be particularly helpful in ensuring that consistent information effectively transfers between schools. The Education (School Records) Regulations 2000 require schools to provide full pupil records to the receiving school even if the new school does not lodge a request. Such records should include all the information held by the SENCO including IEPs.

In addition to the information that all schools will record for all pupils , the pupil record or profile for a child with SEN should include information about the pupil's progress and behaviour from the school setting itself, from the pupil's primary school or any other previous school, from the parents, and from health and social services and other relevant agencies such as the Connexions Service. It should also include the pupil's own perception of any difficulties and how they might be addressed. It may also be necessary to record in the profile information about the child's needs in relation to the general strategies to be used to enable access to the curriculum and the school day.

The information collected should reveal the different perceptions of those concerned with the child, any immediate educational concerns and an overall picture of the child's strengths and weaknesses

6.7 Working with other providers of support

Many children and young people with special educational needs have a range of difficulties and the achievement of educational objectives is likely to be delayed without partnership between all concerned. Thus support for pupils with special needs requires a concerted approach from healthcare professionals, social services departments (SSD), specialist LEA support services and other providers of support services including the Connexions Service. All these services should aim to provide an integrated service for the child so that parents and pupil perceive the provision as 'seamless.' The network of practitioners should ensure that all the services working with the child are kept fully informed about the action taken in support of the pupil. The Children Act 1989 and the Education Act 1996 place duties on schools, LEAs, the health services and the social services departments of local authorities to help each other. Further guidance on other agencies is set out in Chapter Ten.

6.8 Involvement of social services (25)

Schools should be aware of the full range of local services provided by social services departments (SSDs). SSDs have duties under section 17 of the Children Act 1989 to provide a range of services for children regarded as being 'in need' (see Glossary). While a child with special educational needs will not necessarily be 'in need' as defined in the Children Act 1989, that Act allows an integrated approach to the educational, health and welfare needs of children with special educational needs who are 'in need'. It also requires LEAs and schools to cooperate with social services departments if a child is 'in need' is suffering or at risk of suffering significant harm (section 27 of the Children Act 1989) or at risk of significant harm, although this would not automatically mean that the child had special educational needs.

Schools should ensure that where a child is 'looked after'(26) by the local authority both the child's social worker, and where possible, the parents are fully involved in their child's education and all processes relating to special educational needs.

6.9 The Role of the SENCO in Mainstream Secondary Schools (27)

The SEN Coordinator (SENCO), in collaboration with the head teacher and governing body, helps to determine the strategic development of the SEN policy and provision in the school. The SENCO takes day-to-day responsibility for the operation of the SEN policy and co-ordination of the provision made for individual pupils with SEN, working closely with staff, parents, the Connexions Personal Adviser and other agencies. The SENCO also provides related professional guidance to colleagues with the aim of securing high quality teaching for pupils with SEN.

The SENCO, with the support of the head teacher and colleagues, seeks to develop effective ways of overcoming barriers to learning and sustaining effective teaching through the analysis and assessment of pupil's needs, by monitoring the quality of teaching and standards of pupils' achievements, and by setting targets for improvement.

The SENCO should collaborate with Heads of Department or Faculties, the literacy and numeracy coordinators and pastoral colleagues to ensure that learning for all pupils is given equal priority, and that available resources are used to maximum effect.

In mainstream secondary schools the key responsibilities of the SENCO may include:

• overseeing the day-to-day operation of the school's SEN policy
• liaising with and advising fellow teachers
• managing the SEN team of teachers and learning support assistants
• coordinating provision for pupils with special educational needs
• overseeing the records on all pupils with special educational needs
• liaising with parents of pupils with special educational needs
• contributing to the in-service training of staff
• liaising with external agencies including the LEA's support and educational psychology services, health and social services and voluntary bodies