Background
One of the main principles behind SEN policy is that children with special educational needs should attend ordinary schools where appropriate. The Education Act 1996 sets the framework for this and is further strengthened by the SEN and Disability Act 2001 (SENDA).

Legally a child is defined as having special educational needs if he or she has a learning difficulty which needs special teaching. A learning difficulty means that the child has significantly greater difficulty in learning than most children of the same age. Or, it means a child has a disability which needs different educational facilities from those generally provided by schools for children of the same age in the area.

Responsibilities
All schools, local authorities (LAs) and other providers must take account of the Special Educational Needs Code of Practice. This gives rise to a broad range of responsibilities that are detailed in Chapter 7 of the Guide to the law for school governors (see Background Reading below). In general terms:

The LA has overall responsibility for SEN provision, for formally assessing children who may need a statement of special educational needs and for reviewing statements at least once a year.

The Special Educational Needs and Disability Tribunal hear parents' appeals against LA decisions on childrens' special educational needs and claims of disability discrimination in certain circumstances.

The governing body's responsibilities fall into the following areas:

• Admissions
  the governing body (whether admissions authority or not) must comply with the provisions of the SEN code of practice on admissions of children with special educational needs whether those children have a Statement or not. This is further influenced by the SEN and Disability Act 2001 (SENDA) which reinforces the need for inclusive schooling (see below).
• Policy
  the governing body decides the school's general policy and approach to meeting children's special educational needs for those with statements and those without.
• Resources
  the governing body should make every effort to see that the necessary special arrangements are made for any pupil who has SEN by setting up appropriate staffing and funding arrangements and overseeing the school's work. The governing body should ensure that those children take part in the everyday activities of the school as far as is practical.
• 
  Communication
  • ensure that the school's policy on SEN is made available to parents, staff and the LA and report annually.
  • ensure that staff are aware of children with SEN that they teach and of the importance of identifying pupils who have SEN and providing appropriate teaching.
  • consult the LA and other governing bodies when necessary.

The school must have a named teacher responsible for SEN in the school.

Roles and actions
The role that the governing body plays in SEN is extensive. The governing body may wish to appoint a committee or governor to monitor the school's work for children with SEN.

Guidance
The TeacherNet SEN website is the most comprehensive web-based resource of information and guidance on SEN.  It includes details of the strategy launched in February 2004: Removing barriers to achievement - The Governement's strategy for special educational needs. This can be accessed by following the Link in the Web Links section below.

The following resources can be accessed via GovernorNet articles in the Background Reading section below:

• General Guidance:
  • Chapter 7 of the Guide to the law for school governors provides comprehensive summaries of issues relating to SEN.
  • The SEN code of practice and SEN toolkit are the definitive sources of guidance. 
• Admissions
  • Inclusive schooling - Children with special educational needs
    this article provides access to statutory guidance on the operation of the Inclusion Framework in schools, which focuses on providing access to mainstream education for children with SEN including disabilities. 
• SEN governors
  • Making a difference: A guide for special educational needs (SEN) governors
    this article contains a downloadable guide and details of how to order a video with information on how to become an effective SEN governor.

Good practice
The following resources can be accessed via the links to GovernorNet articles in Background Reading below:

• The Audit Commission report  - Special educational needs: a mainstream issue - looks at how well children with SEN they are served by the education system and makes wide-ranging recommendations to schools, LAs, health and social services and national policy-makers.
• SEN update is a termly newsletter of information, guidance and issues relating to SEN.

The law
The following statutes can be accessed via the GovernorNet articles in Links and Further Reading below:

• Education Act 1996
• SEN and Disability Act 2001
• Education (Special Educational Needs)(Information)(England) Regulations 1999 (SI 1999/2506).

Related topics
The governing body has additional responsibilities and considerations in the following related areas (follow links to the GovernorNet articles on these topics in Background Reading below)

• Education of children and young people in public care
• Education of sick children
• Equal Opportunities