ALS Functional Skills

Hi There, there a few things that need to be done to allow someone to be allowed the entry 3 ruling. See funding rules below:

Exceptions to the regular English and maths minimum requirements, for people with special educational needs, learning difficulties or disabilities

47. An individuals must be considered on a case-by-case basis and must satisfy all of the following conditions:

• 47.1. The apprentice has either an existing or previously issued 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)). Self-declaration of a learning difficulty or a disability is insufficient.
• 47.2. The provider 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.
• 47.3. The provider holds or has 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.
• 47.4. Depending on the apprentice’s individual circumstances and outcome of the provider’s judgement, the exception outlined above may apply to either English and maths (or both). If the exception applies to only one subject, the regular requirements for the non-adjusted subject will apply.
• 47.5. The provider must retain all elements of the judgement in the evidence pack.

48. Although the apprentice will be exempt from the regular English and / or maths minimum requirements, providers must plan and evidence how the apprentice will access further literacy and numeracy development, including level 1 and level 2 courses, as part of their overall training provision, if appropriate. This rule only applies if the apprentice meets all of the criteria set out in paragraph

47. 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)).

49. If the apprentice disagrees with the judgement outcome, the provider must provide a facility for the apprentice to request a second opinion and must ensure that a second SEN professional independently reviews the outcome. The provider may determine the format of the review process. 

50. From 1 May 2023 to 1 May 2024 we will be running a pilot on using alternative forms of evidence to determine apprentice eligibility for flexibilities to regular English and maths requirements. Approved participating providers will have received written confirmation and should refer to the pilot specification for more information.

@sarah, could I get your view on how you interpret the following rule: 

• 47.1. The apprentice has either an existing or previously issued 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)). Self-declaration of a learning difficulty or a disability is insufficient.

I read this that the SEN must exist either prior to or at the time the apprentice is signed up but Id like to apply it to the following scenario: 

I have a student who we identified had a potential SEN during their apprenticeship and eventually got a diagnosis for them. They have dyscalculia and will not be able to gain their FS Maths. 

Thoughts please? 

Julie Maycock - Sorry for late reply, it never told me that I was tagged or something is there :). I also read that the evidence must exist prior to or at the time is signed up. The rulings don't really talk about  what happens if a diagnosis is received within in the practical period or if the provider notices some potential learning difficulties. It also states that the Judgement in relation to this areas should be conducted within eight weeks of an apprentice beginning their apprenticeship.

Personally, I would be tempted to take this scenario to the ESFA to see what they say or will allow, as getting diagnosis can often take time and an apprentice may not have known to look into stuff, so it could be a disadvantage to them.