Ministry of Education, Culture, Youth and Sport Supporting Learners in Independent Schools Manual Appendices Supporting Learners in Independent Schools Scheme Procedural Document A set of Guidelines is annexed to this procedural document in order to help parents/ guardians and administrators of Independent Schools to fully access this scheme Supporting Learners in Independent Schools 2 ProceduralAppendices Document Contents 1. 1. Learners requiring additional support attending Independent Schools. 2. 1. Referral procedures. 3. 1. Procurement of the services of Learning Support Assistants (LSA) or Supply Learning Support Assistants (sLSA) by parents/guardians of learners with a statement of needs in Independent Schools. 4. 1. Financial support to parents/guardians of a learner needing the support of LSA/sLSA attending an Independent School. 3 Supporting Learners in Independent Schools 4 ProceduralAppendices Document 1. Learners requiring additional support attending Independent Schools It is recommended that the following procedure should be followed prior to making a formal referral to the Statementing Moderating Panel (SMP) for the learner to be assigned additional support through the services of LSA/sLSA: 1. 1.1 1. 1.2 Schools are strongly encouraged to adopt an inclusion policy and adapt curricular work in order to ensure maximum access to the National Curriculum Framework by learners with Individual Educational Needs (IEN) and to provide appropriate support, utilising all possible resources at the school, to suit the individual needs of the learner. The Head of School should discuss the needs of the learner who is experiencing learning difficulties, with the parents/guardians and other relevant stakeholders, and together they should identify ways and means how to effectively support the learner with resources already available in the school. 1. 1.3 The outcomes of the discussions and actions taken should be documented and such documentation is forwarded to the SMP, if the learner is eventually referred to it for a statement of needs. 1. 1.4 If the School/parents/guardians are of the opinion that the learner needs further support than what is already available in the class or school, parents/ guardians are advised to refer learner to the Child Development Assessment Unit (CDAU), Educational Psychologist or other Psychologists both in the public or private sector for a full professional psychological assessment to be made. Parents/guardians may also present any other professional assessment (e.g. assessment by an Occupational Therapist) that is deemed necessary to better meet the needs of the learner. It is the responsibility of the parents/guardians to choose where to refer the learner for assessment/ s. 1. 1.5 Recommendations on classroom strategies highlighted in the professional reports are to be made available to class teacher/s and be implemented even before a statement of needs is applied for or issued. 5 Supporting Learners in Independent Schools 2. Referral Procedures 2.1 The Head of School/parents/guardians will register an application with the SMP. 2.2 The parents/guardians are to fill in the Application Form. 2.3 The Head of School and the relevant staff member will fill in the Report Form. This report has to be signed by the Head of School and the parents/ guardians. 2.4 Both Forms are to be sent to the SMP together with all the documentation that is deemed relevant. 2.5 A full Psychological Assessment must always be included with the relevant documentation which is sent with the Referral Forms to the SMP. 2.6 The Head of School should keep a copy of all the documentation that is forwarded to the SMP. 2.7 The SMP will call a meeting with the parents/guardians and the learner. School personnel and other persons working with the learner are invited to attend. 2.8 The SMP will inform, the parents/guardians and the Director, Quality Assurance Department (through the Non State School Section), in writing, the outcome of the meeting and its recommendations. A copy of the recommendations is also forwarded to the School by the Non State School Section. 2.9 In the case where the parents/guardians and the School do not agree with recommendations given by the SMP, they can lodge an appeal, within three (3) months of the issue of the Statement. Such an appeal should be lodged with the Statementing Appeals Board (SAB) according to the rules and regulations governing the Board. See Guidelines 1 and Appendix 1 See Guidelines 1.1-1.3 and Appendix 2 See Guidelines 1.4,1.5 and Appendix 3 6 Procedural Document 2.10 The statement of needs recommended for the learner may be reviewed by the SMP. A review may also be requested by the parents/guardians and the school, but not before one year of the issue of the Statement. Updated assessment reports have to be presented in the case where such reports are older than two years. Provision may be changed according to the needs of the learner based on the recommendations of the SMP. 2.11 If the support of a LSA/sLSA is recommended by the SMP, the parents/ guardians will be advised to act on the recommendations of the SMP. They are to follow procedures in order to seek the services of a LSA/sLSA and to apply for financial support from the Ministry of Education, Culture, Youth and Sport (Accounts Section) through the Director, Quality Assurance Department. 7 Supporting Learners in Independent Schools 3. Procurement of the services of LSA or sLSA by parents/guardians of learners with a statement of needs in Independent Schools 3.1 It will be the responsibility of the parents/guardians to seek the services of a suitably qualified sLSA, as stipulated in Circular QAD 11/2008 dated 27th October 2008, or LSA as stipulated in the Guidelines in order to support the learner with a statement of needs and who attends an Independent School. It is recommended that this process is done in collaboration with the Head of School. 3.2 The chosen LSA/sLSA should not be the parent, the sibling, the grandparent, the uncle or the aunt of the learner. The LSA/sLSA should neither be any other person who lives in the same household as the learner. 3.3 The Non State School Section will offer advice to parents/guardians with regards to the qualifications and other requisites that are required from a person to assume the role of LSA/sLSA. It is strongly recommended that the LSA/sLSA will work according to the job description found in the Guidelines. 3.4 The parents/guardians making the request for approval in order to procure the service of a LSA/sLSA should fill in a pro forma application issued by the Non State School Section. The application should also carry the signature of the Head of School. 3.5 The information required includes: 3.5.1 The particulars of the chosen LSA/sLSA to support the learner with a statement of needs. 3.5.2 The qualifications of the chosen LSA/sLSA, substantiated by original copies of certificates. See Guidelines Appendix 4 See Guidelines 2 See Guidelines Appendix 5 See Guidelines Appendix 6 8 Procedural Document 3.5.3 An original copy of the Statement issued by the SMP for the learner specifying the level of support needed. 3.5.4 Where documents are presented as photocopies, the originals may be asked to be produced. 3.6 All documentation is to be sent by the parents and endorsed by the Head of School, to the Non State School Section for approval by the Director, Quality Assurance Department. The parents/guardians and the School will be informed in writing if and when the request is approved. 3.7 If parents/guardians intend to apply for financial support through the Director, Quality Assurance Department, the chosen LSA/sLSA needs to have the following approvals in writing before assuming the role: 3.7.1 The approval of the Director, Quality Assurance Department who is responsible for the Non State School Section. 3.7.2 The approval of the Head of School where the service is to be offered. 3.8 It will be at this stage that the parents/guardians can procure the services of a LSA/sLSA and ask for financial support from the Ministry of Education, Culture, Youth and Sport, (Accounts Section) through the Director, Quality Assurance Department. 9 Supporting Learners in Independent Schools 4. Financial support to parents/guardians of a learner needing the support of LSA/sLSA attending an Independent School. 4.1 Once approval for the procurement of service of LSA/sLSA has been received by the parents/guardians and the School from the Director, Quality Assurance Department, parents/guardians can assume the responsibility of procuring such a service according to the level of support recommended by the SMP and pay the relevant fees to the provider of the service. 4.2 The Director, Quality Assurance Department will determine the rate at which parents/guardians will benefit from the financial support that is to be given depending on established base rates of LSA/sLSA and the level of support that is recommended by the SMP. Any other expenses borne by parents/ guardians, and not approved by the Director, Quality Assurance Department, will not be considered. 4.3 At the end of each scholastic term: 4.3.1 The parents/guardians will submit claims10 with respect to fees paid to the LSA/sLSA. 4.3.2 The Head of School will verify, in writing, that the LSA/sLSA has supported the learner at school according to the needs of the learner and as specified by the SMP in their recommendations by filling and endorsing a Monthly Return Attendance form11 as provided by the Director, Quality Assurance Department. 4.3.3 The amount claimed would be certified by the Director, Quality Assurance Department to ensure that LSA/sLSA is in fact supplying such a service at the School, is at the level of support that the SMP See Guidelines Appendix 8 10 See Guidelines Appendix 7 para. 6 11 See Guidelines Appendix 7 10 Procedural Document recommended, and is according to the rates that are set by the Director, Quality Assurance Department.12 4.3.4 The Accounts Section of the Ministry of Education, Culture, Youth and Sport would issue payment to the parents/guardians directly.13 12 See Guidelines Appendix 7 and 8 13 See Guidelines Appendix 8 11 Supporting Learners in Independent Schools Supporting Learners in Independent Schools Guidelines These guidelines are annexed to the procedural document in order to help parents/ guardians and administrators of Independent Schools to access the Scheme. . The Statementing Moderating Panel (SMP) 1.1 1.1 The Statementing Moderating Panel is situated at the: 1.2 2. Student Services Department Gaetano Pace Forno Street Hamrun, HMR 1100 Tel Number: 21341130 Email: [email protected] The Functions of the SMP and copies of the Referral forms to be filled in by the Head of School and the parents/guardians to apply for a statement of needs are annexed to these guidelines as Appendix 1 and Appendix 2 respectively. 1.3 1. Referral Forms can be obtained either through the School or by contacting the Secretary of the SMP by phone or through email as indicated in 1.1 above. 1.4 1. In the case where the parents/guardians and the School do not agree with recommendations given by the SMP, they can lodge an appeal with the Statementing Appeals Board (SAB). 1.5 1. The appeal is to be made in writing and sent to: The Chairperson The Statementing Appeals Board Gaetano Pace Forno Street Hamrun, HMR 1100 1.6 1. Further information with regards to the SAB can be found in Appendix 3. 12 Guidelines 2. 1.7 It will be the responsibility of the parents/guardians to seek the services of a suitably qualified LSA/sLSA as stipulated in Appendix 4. It is recommended that this process is done in collaboration with the Head of School. 2. . The Non State Schools Section 2.1 The Non State Schools section can be contacted at: Non State Schools Section Department for Quality Assurance Directorate for Quality and Standards in Education Great Siege Road Floriana, VLT 2000 Tel: 25982484/25982386 Fax: 25982336 2.2 Parents/guardians making the request for approval of procurement of services of a LSA/sLSA should fill in a pro forma application issued by the Non State School Section as annexed to these Guidelines in Appendix 5. 2.3 A copy of the recommended job description of the LSA/sLSA supporting the Learner in an Independent School is annexed to these Guidelines as Appendix 6. 3. . The Director Quality Assurance 3.1 The Director – Quality Assurance Department can be contacted at: 3.2 The Director Quality Assurance Department Directorate for Quality and Standards in Education Great Siege Road Floriana, VLT 2000 Tel: 25982470 Parents/guardians will submit their claims for re-imbursement under this scheme to the Director, Quality Assurance Department. 3.3 The criteria to establish the eligibility and the procedure that parents/ guardians are to follow in order to seek re-imbursement through this scheme, are annexed to these Guidelines as Appendix 7. 3.4 The Director, Quality Assurance Department will determine the rate at which financial support is to be given to parents/guardians eligible under this scheme. Details can be found in Appendix 8. 13 Supporting Learners in Independent Schools Appendix 1 The Functions of the Statementing Moderating Panel (SMP) The functions of the SMP are to: 1.1. ensure that the school concerned has done everything it could and should do to meet the needs of the learner within the resources already available in the school; 2.1. gather and analyse written trans-disciplinary assessment reports from various professionals in public and private practice including educational, parental, medical, psychological, social, communicative, vocational, occupational therapy reports etc; 3.1. request assessment bodies and practitioners for additional information, if so required; 4.1. invite parents/guardians, learner/parent/guardian advocates and professionals to discuss in more depth issues raised by written assessments presented to the panel; 5.1. seek active consultation with parents/guardians and, when appropriate, the learners themselves, as part of the mandatory process in developing a statement; 6.1. establish the nature and level of educational support needed by the learner being statemented in order to ensure a quality education to which he/she is entitled according to the National Curriculum Framework; 7.1. submit statements to parents/guardians and the Director, Quality Assurance Department for follow up actions for the provision of the indicated educational support to be sought by the parents/guardians; 8.1. undertake periodic reviews of learners with a statement of needs. 14 Appendices Appendix 2 Referral Forms Referral Form A: Application Form to be filled by the Parents/Guardians 15 Supporting Learners in Independent Schools 16 Appendices Appendix 2 (cont.) Referral Forms Referral Form B: Report by Head of School and Relevant Staff Member 17 Supporting Learners in Independent Schools 18 Appendices 19 Supporting Learners in Independent Schools 20 Appendices 21 Supporting Learners in Independent Schools 22 Appendices 23 Supporting Learners in Independent Schools 24 Appendices 25 Supporting Learners in Independent Schools Appendix 3 The Statementing Appeals Board Appeals Procedures In the case where the parents/guardians and/or the School do not agree with the recommendations given by the SMP, they have a right to lodge an appeal. The Procedure is the following: 1.1. The parents/guardians and/or the Head of School shall appeal in writing to the Chairperson of the Statementing Appeals Board, indicating clearly the grounds on which the appeal is being made. 2.1. The appeal has to be made within three (3) months from the date when the statement of needs is issued. 3.1. The Board shall register and acknowledge the appeal. 4.1. In order to arrive at a just decision regarding the support required by the learner, the Appeals Board shall hear the person who is submitting the appeal and take into consideration any other relevant opinions, reports and assessments. Whenever necessary, the Board shall also consult any other persons and specialists that the Board considers appropriate. 5.1. The parents/guardians and the School will be informed of the outcome by the Director, Quality Assurance Department. 26 Appendices Appendix 4 1. Circular QAD 11/2008 – Qualifications required to fill the post of sLSA 27 Supporting Learners in Independent Schools 28 Appendices Appendix 4 (cont.) 2. Qualifications required for the post of LSA There are three levels of LSA with corresponding qualifications. To qualify for: LSA I : the required qualification is the Certificate in Education for learning support. LSA: the required qualification is the Certificate awarded by the Faculty of Education of the University of Malta. LSA II : the required qualification is the Diploma in Inclusive Education awarded by the University of Malta. Other comparable qualifications will also be considered if they are approved by the Malta Qualifications Recognition Centre (MQRIC) In such cases it is the responsibility of the LSA to seek comparability from the MQRIC. The different qualifications will carry with them different rates of remuneration as can be seen in Appendix 8. 29 Supporting Learners in Independent Schools Appendix 5 Recommended Job Description for LSA/sLSA (To support a learner in an Independent School) LEARNING SUPPORT ASSISTANT (LSA)/ SUPPLY LEARNING SUPPORT ASSISTANTS (sLSA) JOB DESCRIPTION The LSA/sLSA shall be required to work according to the needs of the learner with a statement of needs, attending an Independent School that the parent/guardian chooses to send the learner. It is recommended that the duties and responsibilities of a LSA/sLSA should include the following: a. Learning Support: • Supports and collaborates with the class teacher and other colleagues in the best interest of the learner. Under the guidance of the class teacher, the LSA/ sLSA shall assist the learner with individual educational needs, so that his individual curricular entitlement and learning needs are ensured and catered for; • Participates fully in Making Action Plans sessions (MAPs); • Together with the class teacher, will develop and implement the Individual Educational Programme (IEP) by adapting lesson plans and resources; • Attends IEP and Individual Transition Plan (ITP) meetings; • Reviews IEPs, and on a regular basis reports progress with regards to the implementation of the IEP; • Supports the class teacher to prepare and write the IEP for the learner with a statement of needs; • Assists in the preparation of educational material and plays an active part in all the components of the instructional and the educational process in class under the direction of the teacher in class; • In collaboration with the class teacher, participates in observing, and assessing the performance and behavior of the learner and document such observations and assessments; 30 Appendices • Participates in the respective individual transition programmes as the learner moves from one educational level to another, from one school to another, and from school to work, handing over to other LSA/sLSAs and personnel all relevant information and documentation so as to ensure a smooth transition for the learner; • Promotes an inclusive community of learners, in collaboration with Inclusion Coordinators, resource workers, teachers, specialists, parents, students and other stakeholders, where all learners are valued and respected. This will include collaborating in the work at school and with other agencies, such as the Child Development Assessment Unit (CDAU), Resource Centres, NGO’s and other educational and therapeutic environments; • Participates in hydro-therapy, multi-sensory, sensory-integration and other sessions, in school, Resource Centres or other centres where such services are available, so as to ensure access to all educational and personal entitlements of the learner; • Promotes at all times the aims, ethos and policies of the school, and actively works as a member of the staff team; • Assists in the preparation, dissemination and use of teaching resources, and at the same time ensuring their upkeep in class and in school; • Supports the learner during activities held outside the school premises, including experiences in the community, work places, and other further and higher educational establishments; • Encourages participation in EU projects and other projects in accordance with the targets set by the school and as agreed with the Senior Management Team of the school. b. Personal Support: The LSA/sLSA shall support the learner with special needs in his personal care and hygiene. This shall include: Toileting - cleaning and washing: � accompanying the learner to the toilet; � undressing and dressing; � cleaning, washing and showering; � changing of sanitary towels and incontinence pads. Mobility, posture and seating needs: � lifting of the learner; � pushing learner in a wheelchair according to Health and Safety Regulations issued under the Health and Safety Authority Act taking into consideration international guidelines. 31 Supporting Learners in Independent Schools The present guidelines shall be: 1. Lifting: up to 27 kilograms shall be undertaken by one LSA/sLSA; lifting up to 54 kilograms shall be undertaken by 2 persons; beyond 54 kilograms, a mechanical lift is to be used. 2. Pushing wheelchairs: up to 45 kilograms occasionally; up to 28 kilograms frequently; and up to 9 kilograms as necessary. The LSA/sLSA shall ensure the maximum educational benefit and safety for the individual learner at all times by providing him/her with assistance during physical education sessions, games, excursions and therapy sessions, as well as normal feeding during mid-morning and mid-day breaks and at other times as it is required. c. Transport-related Duties: Without prejudice to the obligations of the owner and driver of the vehicle concerned, regarding the safety of passengers and the full observance of the law and regulations related to transport matters, a LSA/sLSA may be required to carry out transportrelated duties should the requirement be indicated by the statement or by the parent/ guardian and the Head of School or any other competent authority. In such cases, the LSA/sLSA shall: • assist in the boarding and un-boarding of the learner. In the case of a learner who is a wheelchair/buggy user, the LSA/sLSA should ensure that he/she puts on the restraints on the wheelchair/buggy and also puts on the passenger restraint on the learner to ensure safety during transportation; • carry out transport supervision duties to and from school when the transportation of learners during normal school hours is necessary. 32 Appendices Appendix 6 Application Form: Procurement of Services of LSA/sLSA to support a learner with a statement of needs in an Independent School 33 Supporting Learners in Independent Schools 34 Appendices 35 Supporting Learners in Independent Schools Appendix 7 Criteria to Establish Eligibility to the Scheme Criteria to establish eligibility for parents/guardians to receive Financial Support through the Scheme In order to qualify under this scheme parents/guardians should respect the following criteria and procedure: 1.1. The learner needing the support of a LSA/sLSA is currently attending an Independent school at Kindergarten, Primary or Secondary Level of Education. 2.1. The parents/guardians are: a. citizens of Malta; b. nationals of an EU/EEA country and who have obtained permanent residence in Malta; c. third country nationals who have been granted long term residence. 3.1. The learner has been issued a statement of needs by the Statementing Moderating Panel (SMP) qualifying the level of support that the learner requires; 4.1. The parents/guardians have contracted a contract of service or a contract for service with a suitably qualified LSA/sLSA to support the learner during school hours in an Independent School. 5.1. The parents/guardians are in possession of the approval issued by the Director, Quality Assurance Department that the contracted LSA/sLSA is suitably qualified for the post; 6.1. The parents/guardians are also to have, in writing, the approval of the Head of School where the service is to be offered, whereby the Head agrees that the LSA/sLSA chosen is adequate to serve the needs of the learner; 7.1. At the end of each scholastic term the parents/guardians will submit claims according to the qualifications of the LSA/sLSA and the level of support as determined by the SMP to the Director, Quality Assurance Department for approval. 36 Appendices Appendix 7 (cont.) Procedure to Apply for Re-imbursement The Procedure to apply for re-imbursement 1. The claim will have to be supported by the following documents: a. The Monthly Return of Attendance of the LSA/sLSA for the relevant months, or part there of, to cover the specific scholastic term to be reimbursed as duly certified by the Head of School; b. In the case where the: � LSA/sLSA has a contract for service (meaning self employed), a copy of the relevant VAT receipt issued by the contracted person has to be attached to the claim; or � LSA/sLSA has a contract of service (meaning employed), a copy of the ETC permit and a copy of the FS3 for the relevant months, or part there of, to cover the specific scholastic term submitted to the Commissioner of Inland Revenue have to be attached to the claim. 2. The Director, Quality Assurance Department will certify the claim correct and will forward all the required documentation to the Ministry of Education, Culture, Youth and Sport (Accounts Section) for re-imbursement. 1. 3. The Accounts Section of The Ministry of Education, Culture, Youth and Sport will issue payment directly to the parents/guardians as specified in Appendix 8. 37 Supporting Learners in Independent Schools 38 Appendices Appendix 8 Established Rates of Financial Support Rates of Payment 1.1. The Director, Quality Assurance Department will determine the rate at which the financial support is to be given. 2.1. The rates are based on the base rates for LSA and sLSA depending on the qualifications of the chosen candidate and on analogous Salary Scales in the Public Service. 3.1. In the case where the chosen candidate has the required qualification for the post of sLSA according to Circular QAD 11/2008 the base rate is set at 7.61 Euro an hour. Each year this is increased pro rata according to the cost of living increase that is established by the Government. 4.1. In the case where the chosen LSA has one of the required qualifications as seen in Appendix 4, the base rate is set as follows: a. b. c. LSA I : 10.47 Euro an hour LSA : 11.87 Euro an hour LSA II : 12.64 Euro an hour Each year the above rates will be increased pro rata according to the cost of living increase that is established by the Government. 5.1. The amounts quoted above have incorporated in them the amount (10%) the employee has to pay to cover the National Insurance contribution. 6.1. A 10% will be added on to the base rate to help parents/guardians cover the National Insurance Contribution that they would have to pay as employers, in the case where there is a contract of service. 7.1. In the case where there is a contract for service, a 10% will be added on to the base rate to help the LSA/sLSA cover part of the National Insurance contribution which they have to pay in full as self employed. 8.1. The number of hours that the LSA/sLSA supports the learner and are covered by this scheme will depend on the level of support that the SMP recommends. 39 Supporting Learners in Independent Schools 9.2. For the purpose of this scheme, the number of hours covered in the case of One to One/Full time support, will be based on the full school hours as authenticated by the Head of School but not exceeding a maximum of 27 hours and a half per week during the scholastic term. 1. For the purpose of this scheme, the number of hours covered in the case of 10. shared support will be based on half the full school hours as authenticated by the Head of School but not exceeding a maximum of 13 hours and three quarters per week during the scholastic term unless (12) below applies. 1. A LSA/sLSA can support up to three (3) learners at the same time if they 11. have been awarded shared support by the SMP. It is recommended that there should not be more than two (2) LSAs/sLSAs in any one class. 1. In the case where two or three learners, who have been awarded shared 12. support, are being supported by the same LSA/sLSA at the same time, the parents/guardians of these learners are to submit one claim in respect to fees paid to the provider of the service. In this eventuality, the number of hours claimed shall be based on the full school hours as authenticated by the Head of School but not exceeding a maximum of 27 hours and a half per week during the scholastic term covering the two or three learners together. The amount claimed will be subdivided equally amongst the parents/guardians according to the number of learners being supported. 40
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