EMA role in schools
Nora McKenna
Has anyone experience of supporting EMA/EAL staff in schools to retain an EMA/EAL department?
School has a new build into which they are moving in September. They will have no base, office or teaching.
The school has falling numbers of early stage EAL students. Improving school and therefore pressure on places.
Staffing: 1 (3 d/wk with QTS) and 1 f/t instructor (been there about 7 yrs)
Has its own small area within support services with books (dual language, dictionaries, EFL texts, first language books etc), displays etc. that will be lost. Used most of the time during the day.
School budget tight
Naively they asked whether there were legal requirements to have EAL staff – monitoring use of EMAG only leverage - and use of data. Both done.
Ironically, they have some good practice to which I can direct others in the LA.
Very many thanks.
Nora
Nora McKenna
Ethnic Minority Achievement Consultant
Southend Borough Council
Department of Children and Learning
6th Floor
Civic Centre
Victoria Avenue
Southend-on-Sea
Essex
SS2 6ER
Tel: 01702 215044
Fax: 01702 534396
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-----Original Message-----
From: eal-bi...@googlegroups.com
[mailto:eal-bi...@googlegroups.com] On Behalf Of Nora McKenna
Sent: 07 June 2011 08:06
To: eal-bi...@googlegroups.com
Subject: [EAL-Bilingual;676] EMA role in schools
Has anyone experience of supporting EMA/EAL staff in schools to retain
an EMA/EAL department?
* School has a new build into which they are moving in
September. They will have no base, office or teaching.
* The school has falling numbers of early stage EAL students.
Improving school and therefore pressure on places.
* Staffing: 1 (3 d/wk with QTS) and 1 f/t instructor (been
there about 7 yrs)
* Has its own small area within support services with books
(dual language, dictionaries, EFL texts, first language books etc),
displays etc. that will be lost. Used most of the time during the day.
* School budget tight
Naively they asked whether there were legal requirements to have EAL
staff - monitoring use of EMAG only leverage - and use of data. Both
done.
Very many thanks.
Nora
Nora McKenna
Ethnic Minority Achievement Consultant
Southend Borough Council
6th Floor
Civic Centre
Victoria Avenue
Southend-on-Sea
Essex
SS2 6ER
Tel: 01702 215044
Fax: 01702 534396
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CATHARINE DRIVER
To: eal-bi...@googlegroups.com
Sent: Tuesday, 7 June 2011, 8:06
Subject: [EAL-Bilingual;676] EMA role in schools
Sara....@rbkc.gov.uk
In addition to Catharine’s comments below ... an EAL team needs to be able to demonstrate day in day out that their support and interventions are having an impact on closing attainment gaps of EAL/BME students and especially those who are most vulnerable to underachievement/educational exclusion - both qualitatively and quantifiably.
Sara
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James Luke Bazeley
Nicola Davies
Nora
I don’t whether to throw this in the ring or whether this is too depressing to think about but concerning the SLT question to you around the legal requirements, it seems to me as if the guidance around the Equality Act for schools suggests that specific EAL (or indeed specific targeted EMA work more generally) are likely to be considered positive action, which is legal but around which there are certain requirements. For example, the draft code of practice for schools (Jan 11 consultation version p146) cites ‘making additional provision specifically aimed to meet particular needs, for example additional English language classes for pupils whose first language is not English’ as a positive action, as is ‘employing a support worker to help them (refugee pupils from Afghanistan) settle in at the school.’(p150)
Similarly the DFE current guidance for schools on the Act http://www.education.gov.uk/aboutdfe/policiesandprocedures/equalityanddiversity/a0064570/the-equality-act-2010
says
Positive Action
New Positive Action provisions will allow schools to target measures that are designed to alleviate disadvantages experienced by, or to meet the particular needs of, pupils with particular protected characteristics. Such measures will need to be a proportionate way of achieving the relevant aim. Previously a school providing – for example - special catch-up classes for Roma children or a project to engage specifically with alienated Asian boys might have been discriminating unlawfully by excluding children who didn’t belong to these groups.
So it would seem that the school in question would be doing the right thing in considering whether additional targeted measures are still required, what these should be and whether these are proportionate to the aims. We know the problems that some councils have experienced in failing to consider equality implications of cuts etc but I guess it cuts both ways. The SLT should be looking at the evidence eg number of new arrivals, attainment of later arrivals, attainment by EAL and ethnicity etc and therefore understand what the provision needs to do/whether there is evidence to retain it etc and keep a written record of this as evidence of its paying ‘due regard’. What shouldn’t happen is the provision gets axed/altered simply to meet the new accommodation and budget requirements without proper consideration.
What I haven’t quite got my head around is what happens when the brilliant EMA provision has eradicated all gaps and therefore gets the chop - who is then there to note that actually things aren’t all equal and inequalities are on the rise? I suppose the answer would be that there needs to be continuing monitoring to respond to changes in circumstances etc for the school.
Nicola
From: Nora McKenna <NoraM...@southend.gov.uk>
To: eal-bi...@googlegroups.com
Sent: Tuesday, 7 June 2011, 8:06
Subject: [EAL-Bilingual;676] EMA role in schools
Has anyone experience of supporting EMA/EAL staff in schools to retain an EMA/EAL department?
School has a new build into which they are moving in September. They will have no base, office or teaching.
The school has falling numbers of early stage EAL students. Improving school and therefore pressure on places.
Staffing: 1 (3 d/wk with QTS) and 1 f/t instructor (been there about 7 yrs)
Has its own small area within support services with books (dual language, dictionaries, EFL texts, first language books etc), displays etc. that will be lost. Used most of the time during the day.
School budget tight
Naively they asked whether there were legal requirements to have EAL staff – monitoring use of EMAG only leverage - and use of data. Both done..
Ironically, they have some good practice to which I can direct others in the LA.
Very many thanks.
Nora
Nora McKenna
Ethnic Minority Achievement Consultant
Southend Borough Council
Department of Children and Learning
6th Floor
Civic Centre
Victoria Avenue
Southend-on-Sea
Essex
SS2 6ER
Tel: 01702 215044
Fax: 01702 534396
No virus found in this message.
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Robin Richardson
Hi Nicola
Thank you so much for this. The quotations and references you provide are extremely valuable.
I agree there is legal permission and encouragement to provide EAL support in schools for advanced bilingual learners as well as for others, of course), as also other kinds of focused action, The permission and encouragement flow from the duty to have due regard for advancing equality of opportunity, as stated at Clause 149 of the Act, section (b). The explanation of equality of opportunity on the face of Act is tortuous in its legal terminology, but is of substantial importance.
As you point out, a number of councils and the DfE itself have already been successfully challenged in the courts for their failure to show due regard under Clause 149. It could well be that, in due course, individual schools will be challenged.
For their convenience, I can send the relevant wording to members of this network if they would like to have it.
Robin
From: eal-bi...@googlegroups.com [mailto:eal-bi...@googlegroups.com] On Behalf Of Nicola Davies
Sent: 11 June 2011 11:59
To: eal-bi...@googlegroups.com
Subject: RE: [EAL-Bilingual;688]
EMA role in schools
Nora
I don’t whether to throw this in the ring or whether this is too depressing to think about but concerning the SLT question to you around the legal requirements, it seems to me as if the guidance around the Equality Act for schools suggests that specific EAL (or indeed specific targeted EMA work more generally) are likely to be considered positive action, which is legal but around which there are certain requirements. For example, the draft code of practice for schools (Jan 11 consultation version p146) cites ‘making additional provision specifically aimed to meet particular needs, for example additional English language classes for pupils whose first language is not English’ as a positive action, as is ‘employing a support worker to help them (refugee pupils from Afghanistan) settle in at the school.’(p150)
Similarly the DFE current guidance for schools on the Act http://www.education.gov.uk/aboutdfe/policiesandprocedures/equalityanddiversity/a0064570/the-equality-act-2010
says
Positive Action
New Positive Action provisions will allow schools to target measures that are designed to alleviate disadvantages experienced by, or to meet the particular needs of, pupils with particular protected characteristics. Such measures will need to be a proportionate way of achieving the relevant aim. Previously a school providing – for example - special catch-up classes for Roma children or a project to engage specifically with alienated Asian boys might have been discriminating unlawfully by excluding children who didn’t belong to these groups.
So it would seem that the school in question would be doing the right thing in considering whether additional targeted measures are still required, what these should be and whether these are proportionate to the aims. We know the problems that some councils have experienced in failing to consider equality implications of cuts etc but I guess it cuts both ways. The SLT should be looking at the evidence eg number of new arrivals, attainment of later arrivals, attainment by EAL and ethnicity etc and therefore understand what the provision needs to do/whether there is evidence to retain it etc and keep a written record of this as evidence of its paying ‘due regard’. What shouldn’t happen is the provision gets axed/altered simply to meet the new accommodation and budget requirements without proper consideration.
What I haven’t quite got my head around is what happens when the brilliant EMA provision has eradicated all gaps and therefore gets the chop - who is then there to note that actually things aren’t all equal and inequalities are on the rise? I suppose the answer would be that there needs to be continuing monitoring to respond to changes in circumstances etc for the school.
Nicola
From: Nora McKenna <NoraM...@southend.gov.uk>
To: eal-bi...@googlegroups.com
Sent: Tuesday, 7 June 2011, 8:06
Subject: [EAL-Bilingual;676] EMA role in
schools
Has anyone experience of supporting EMA/EAL staff in schools to retain an EMA/EAL department?
ž School has a new build into which they are moving in September. They will have no base, office or teaching.
ž The school has falling numbers of early stage EAL students. Improving school and therefore pressure on places.
ž Staffing: 1 (3 d/wk with QTS) and 1 f/t instructor (been there about 7 yrs)
ž Has its own small area within support services with books (dual language, dictionaries, EFL texts, first language books etc), displays etc. that will be lost. Used most of the time during the day.
ž School budget tight
real public
Gordon Ward
(I use dictation software, which means there are sometimes some very strange mistakes in my emails.
If something in this email does not make sense please get back to me.)
Gordon Ward
Racing to English
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Nottingham
NG8 3NA
Mobile 07778 708 993
www.racingtoenglish.co.uk
www.racingtoenglish.moonfruit.com
Robin Richardson
Dear Gordon and Jonathan
Thank you. There are relevant quotations from Clause 149 of the Equality Act in the passage below. It is quoted from http://www.insted.co.uk/legal-frameworks.pdf
The second limb or aim in the public sector equality duty provides the legal basis, arguably, for providing EAL support in schools.
Robin
The general duty
1. From 6 April 2011 all public bodies – including, of course, all local authorities and all schools and other state-funded educational settings – are bound by what is known as the public sector equality duty (PSED – clause 149 of the Act, and previously clause 148 of the Bill). Conceptually, this is modelled on a similar clause in the Race Relations Act 1976 and is also similar to the general duties which public bodies have had in relation to disability since 1995 and gender since 1975. It has three components, known as three limbs or aims. A public authority must, it says, have ‘due regard’ (this concept is explained below in paragraph 13) to the need to:
a) eliminate discrimination, harassment, victimisation and any other
conduct that is prohibited by or under this Act
b) advance equality of opportunity between persons who share a relevant
protected characteristic and persons who do not share it
c) foster good relations between persons who share a relevant protected
characteristic and persons who do not share it.
2. The three key terms in the public sector duty – ‘discrimination’, ‘equality of opportunity’ and ‘good relations’ – are explained briefly in the Act itself and their practical implications for schools will be covered in greater detail, it is to be hoped, in guidance issued by the Department for Education (DfE) and the Equality and Human Rights Commission (EHRC).
3. The principle underlying the concept of equality of opportunity is that treating people equally does not necessarily involve treating them all the same. On the contrary, the legislation requires that account should be taken of people’s differing experiences, needs and histories, and of the differing challenges and barriers which they may face. The Act’s definition of equality of opportunity is complex in its legal terminology but is of substantial importance:
‘Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to:
a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic
b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it
c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low’.
4. The Act also explains that ‘having due regard to the need to foster good relations’ involves, in particular, bearing in mind ‘the need to tackle prejudice and promote understanding’. This clearly has implications for the curriculum and organisation of schools, and for the duty of schools to promote community cohesion. Also it has clear implications for schools’ anti-bullying policies.
School has a new build into which they are moving in September. They will have no base, office or teaching.
The school has falling numbers of early stage EAL students. Improving school and therefore pressure on places.
Staffing: 1 (3 d/wk with QTS) and 1 f/t instructor (been there about 7 yrs)
Has its own small area within support services with books (dual language, dictionaries, EFL texts, first language books etc), displays etc. that will be lost. Used most of the time during the day.
School budget tight
Sara....@rbkc.gov.uk
Jonathan I would endorse your views below. And thank you to Robin for all his advice/comments – always hugely useful.
Best wishes
Sara
Erica Field R
Yep, keep them coming. They are very useful!
Erica Field
Teaching & Learning
Advisor - EAL
School Improvement Team
Highwood Centre
Norden
Rochdale
01706 652920 Ext 236
20 – 26 June 2011
From: eal-bi...@googlegroups.com [mailto:eal-bi...@googlegroups.com] On Behalf Of Gordon Ward
Sent: 12 June 2011 10:00
To: eal-bi...@googlegroups.com
Subject: Re: [!! SPAM] Re:
[EAL-Bilingual;691] EMA role in schools
I agree with Jonathan – I also value Robin’s contributions and would be happy to have fuller emails
School has a new build into which they are moving in September. They will have no base, office or teaching.
The school has falling numbers of early stage EAL students. Improving school and therefore pressure on places.
Staffing: 1 (3 d/wk with QTS) and 1 f/t instructor (been there about 7 yrs)
Has its own small area within support services with books (dual language, dictionaries, EFL texts, first language books etc), displays etc. that will be lost. Used most of the time during the day.
School budget tight
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Steve
In addition, the statutory instruments attached to the Act give
schools until 31st December 2011 to publish:
"information on the effect its policies and practices have had on
persons who share a relevant protected characteristic who are—
(i) its employees, or
(ii) other persons affected by its policies and practices;
for the purpose of demonstrating the extent to which it has furthered
the aims set out in section 149(1) of the Act for those persons."
I suspect that once schools take on board that they will soon have a
statutory duty to publish (presumably on their website) information
about the effects "policies and practices" have on advancing equality
for BME learners (amongst other protected characteristics), the case
for continued EAL support will be a bit easier to make.
Robin Richardson
Bhikhu Parekh’s speech at the second reading yesterday:
http://www.parliamentlive.tv/Main/Player.aspx?meetingId=8578&st=20:47:03.2100000
Also there were relevant speeches by Ros Howells and, on Gypsy Roma Traveller children, Janet Whitaker.
They’ll all be in Hansard, of course, tomorrow or later today. And much on disability.
From:
eal-bi...@googlegroups.com [mailto:eal-bi...@googlegroups.com] On Behalf Of Nicola Davies
Sent: 11 June 2011 11:59
To: eal-bi...@googlegroups.com
Subject: RE: [EAL-Bilingual;688]
EMA role in schools
Nora
I don’t whether to throw this in the ring or whether this is too depressing to think about but concerning the SLT question to you around the legal requirements, it seems to me as if the guidance around the Equality Act for schools suggests that specific EAL (or indeed specific targeted EMA work more generally) are likely to be considered positive action, which is legal but around which there are certain requirements. For example, the draft code of practice for schools (Jan 11 consultation version p146) cites ‘making additional provision specifically aimed to meet particular needs, for example additional English language classes for pupils whose first language is not English’ as a positive action, as is ‘employing a support worker to help them (refugee pupils from Afghanistan) settle in at the school.’(p150)
Similarly the DFE current guidance for schools on the Act http://www.education.gov.uk/aboutdfe/policiesandprocedures/equalityanddiversity/a0064570/the-equality-act-2010
says
Positive Action
New Positive Action provisions will allow schools to target measures that are designed to alleviate disadvantages experienced by, or to meet the particular needs of, pupils with particular protected characteristics. Such measures will need to be a proportionate way of achieving the relevant aim. Previously a school providing – for example - special catch-up classes for Roma children or a project to engage specifically with alienated Asian boys might have been discriminating unlawfully by excluding children who didn’t belong to these groups.
So it would seem that the school in question would be doing the right thing in considering whether additional targeted measures are still required, what these should be and whether these are proportionate to the aims. We know the problems that some councils have experienced in failing to consider equality implications of cuts etc but I guess it cuts both ways. The SLT should be looking at the evidence eg number of new arrivals, attainment of later arrivals, attainment by EAL and ethnicity etc and therefore understand what the provision needs to do/whether there is evidence to retain it etc and keep a written record of this as evidence of its paying ‘due regard’. What shouldn’t happen is the provision gets axed/altered simply to meet the new accommodation and budget requirements without proper consideration.
What I haven’t quite got my head around is what happens when the brilliant EMA provision has eradicated all gaps and therefore gets the chop - who is then there to note that actually things aren’t all equal and inequalities are on the rise? I suppose the answer would be that there needs to be continuing monitoring to respond to changes in circumstances etc for the school.
Nicola
From: Nora McKenna <NoraM...@southend.gov.uk>
To: eal-bi...@googlegroups.com
Sent: Tuesday, 7 June 2011, 8:06
Subject: [EAL-Bilingual;676] EMA role in
schools
Has anyone experience of supporting EMA/EAL staff in schools to retain an EMA/EAL department?
ž School has a new build into which they are moving in September. They will have no base, office or teaching.
ž The school has falling numbers of early stage EAL students. Improving school and therefore pressure on places.
ž Staffing: 1 (3 d/wk with QTS) and 1 f/t instructor (been there about 7 yrs)
ž Has its own small area within support services with books (dual language, dictionaries, EFL texts, first language books etc), displays etc. that will be lost. Used most of the time during the day.
ž School budget tight