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Hello Ann,
Your situation is certainly tricky but it’s not unique, nor is it new. I had to deal with more cases like yours than I like to remember throughout the whole of my (paid) teaching career, in respect of both primary and secondary pupils.
Yes, there’s legislation, but I don’t think that’s the point at issue, and in any case I’m not sure that confrontation is likely to be helpful. The fact is that any school can place any pupil in any class, on the grounds that it’s the most appropriate placement for any one (or more) of a number of reasons. Have you heard “It’s a smaller group, where he/she can get individual attention” or “”He/She will be more able to do the work so won’t feel under pressure” or “We’d be happy to move him/her to a more academic class, but those classes are full at present, so perhaps when there’s a vacancy...” or “Maybe next year when his/her level of English has improved” or – well, the list of ‘reasons’ is endless. No amount of shouting from anyone is going to force a change.
What can effect a change, in my experience, is calm and forward-looking discussion. Is there a designated link person – e.g. the SENCo or the EAL Coordinator (if the school has one) with whom the boy’s volunteer tutor could have a preliminary informal chat? You say that the boy is happy to be at school, and that’s a positive sign, but it could perhaps be stressed that he could be even happier, and making better progress, if he were in a group where he had better models of learning and English language use and classroom behaviour. If his parents could ask to discuss their son’s placement with his class teacher (asking that his volunteer tutor and an interpreter if needed be present), they could hear what the school’s reason for the placement is and explain why they’d like the school to reconsider. As their son hasn’t, due to circumstances, had an opportunity to access formal schooling, they may be glad that he has that access now, and worry about rocking the boat. If the discussion focuses on doing what’s best for the pupil – and for the school – in the longer term, it’s more likely to produce a rethink.
I’ve gone on long enough, so will close by mentioning that I’ve used this approach on behalf of learners of EAL of all ages and nationalities, and from a variety of educational backgrounds, and only failed to effect a change on one occasion (which was, frankly, my own fault for mishandling the situation). FWIW. Good luck!
With best wishes
Susan Jaine
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