Q:
Is it a reasonable adjustment for a sen pupil to discontinue or reduce studying foreign languages
Interested both at KS3 level but more GCSE - I have heard that parents can refer to a legal clause that should allow all pupils with sen to be given the choice to avoid studying Modern Foreign language at GCSE. I am a senco in an independent school in London where we are investigating more optionality. Like many schools, to date it has been mandatory to study at least one MFL at GCSE, and several more lower down the school.
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 25 Nov 2024
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While the simple answer is "it can be," this is conditional upon the correct application of the legal framework contained within the Equality Act 2010 (the Act) in each case. Please note that this response pertains to the disability framework, rather than the SEN framework found in the Children and Families Act 2014 and elsewhere.
The inclusion of Modern Foreign Languages (MFL) in the school curriculum is a standard component of education. However, for disabled pupils, the requirement to study an MFL may be reconsidered as part of "reasonable adjustments" under the Act. This legislation requires schools to take reasonable steps to ensure that disabled pupils are not disadvantaged by the school's arrangements—which can include the curriculum—when compared to their peers who do not share the same impairments. ("Impairment" refers to any physical or mental condition that adversely affects an individual's ability to carry out normal day-to-day activities.)
Note that reasonable adjustments are specific to the disabled person.
While this is the general position—and I know of cases where disabled pupils have reduced or omitted their study of MFL—there are important factors to consider. The following points may help clarify the matter and guide further research:
a) Each child should be considered on an individual basis.
b) The disadvantage experienced from studying an MFL should be clearly identified and linked to the child's disability. Expert evidence may well be valuable in this context.
c) Consider all possible steps to avoid the identified disadvantage—this might involve discontinuing the study of MFL or exploring alternative steps that achieve the same outcome.
d) Evaluate the reasonableness of these steps, taking into account factors such as cost, available support, effectiveness, and any resulting disruption.I hope this guidance is helpful. However, further research into the matter is advisable, as it may provide additional insights to support the implementation of any proposed changes to the policy.
Sean Kennedy
Talem Law
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