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Hi there, to enable to satisfy the ruling you need to have satisfied and hold evidence of the below:
Ruling P149.3 judgment -
The judgement must be formal and structured and conducted by an appropriate professional associated with the provider (or subcontractor), such as the head of special educational needs (SEN) or student support. It must be conducted within eight weeks of an apprentice beginning their apprenticeship and must include:
48.1. A judgement of the apprentice’s current English and maths ability;
48.2. Information on how the learning difficulty or disability affects the apprentice’s English and maths abilities and a clear indication of whether English and / or maths are affected;
48.3. A judgement of the apprentice’s ability to meet the regular English and maths requirements even with appropriate support in place;
48.4. The creation of a recommended learning plan to enable the apprentice to achieve entry-level 3 functional skills in the adjusted subject(s) and, where appropriate, to continue to build on their literacy and numeracy skills by accessing further courses; and
48.5. A copy of an education, health and care (EHC) plan (or one of the legacy equivalents: a statement of special educational need (SEN) or a learning difficulty assessment (LDA)).
I had a previous learner using that evidence also, it was accepted as long as we conducted the above, the English and Maths assessments showed them working at entry level etc and their dyslexia report showed the areas affected which matched the outcome of initial assessments. We ran it all by our SEND specialist and had evidenced of each of the points above.
Hope its helps.
Sarah
Chandra Wood
Functional Skills exemption for learners with additional needs
Created
Hi
Can anyone please confirm if a learning disability report such as a dyscalculia/dyslexia assessment is enough to exempt a learner from functional skills if they don't have an EHCP? In the guidance document to me it reads that either one or the other is sufficient but our external assessors are saying we have to have an EHCP.
Exceptions to the regular English and maths minimum requirements, for
people with special educational needs, learning difficulties or disabilities
P149 Individuals must be considered on a case-by-case basis and must
satisfy all of the following conditions:
P149.1 The apprentice has either an existing or previously issued
education, health and care (EHC) plan, a statement of
special educational need (SEN) or a learning difficulty
assessment (LDA). Self-declaration of a learning difficulty
or a disability is insufficient.
P149.2 You and the employer expect the apprentice to achieve all
other aspects of the apprenticeship requirements, become
occupationally competent and achieve entry level 3
functional skills in the adjusted subject(s) before the end of
their apprenticeship.
P149.3 You hold or have conducted an evidenced judgement
demonstrating that even with support, reasonable
adjustments and stepping stone qualifications, the
apprentice will not be able to achieve English and / or
maths to the minimum level within the timeframe projected
for them to complete all the occupational elements.