Outcomes - Selected Case Summaries
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Rules for Special Educational Needs Assistance
Investigation | 09 October 2023
Department of Education Services
A concern was raised regarding the provision of Special Educational Needs (SEN) assistance to two children at a local government school. The concern was essentially that the children could not receive the specialised assistance they required at the government school and an application was made on their behalf seeking Alternative Education Funding (AEF) so they could attend another school where such additional assistance might be provided. The Department of Education Services (DES) did not accept the application for two reasons: 1. The children had already been withdrawn from the government school and 2. The children had not exhausted all of the options available to them at the government school, and were also determined to be performing adequately.
Attempts to resolve the complaint informally were unsuccessful and the complaint was moved to a formal investigation.
The investigation found the following:
- The two students were unable to “exhaust” available provisions at the government school because school administrators determined they were performing adequately in their studies
- The determination of adequate performance is left in the Education Regulations to the school
- The decision to withdraw the children from the government school was made
- It was unclear whether the regulations contemplated permitting Caymanian private school students applying for AEF or alternate placement
The Ombudsman did not support the complaint, finding that there had been no unreasonable delay in the consideration of the children’s application. She also found that the school and the DES had followed all applicable regulations and policies in making its decision. However, there were two recommendations made as a result of the findings:
- That the Ministry/DES obtain a legal opinion regarding whether Caymanian private school students are prevented from, or allowed to, apply for alternative education funding/placement under currently existing laws and regulations
- Based upon the outcome of that legal advice, the Ministry consider forwarding the complainant’s application to the AEPP and/or the Education Council for consideration
Our office will continue to monitor the recommendations in relation to this matter.