This raises an interesting problem. The Guidance is just that, and if it
misstates the law LEAs should apply the law instead. The DfES Guidance may
be wrong on this particular point, in which case LEAs should not follow it
anyway.

However it seems to me conceivable that, if 'Bridging the Gap' (not 'Aim
Higher') encourages people to make commitments and start courses based on an
expectation of how they will be treated and then they are treated less
favourably, students may be able to challenge the decisions based on
'legitimate expectation' - this could be the case even if the regulations
specified the tests they must meet (and fund) which they don't.

If as Katherine suggests the DfES "have put things differently in the
[Bridging the Gap] booklet", there could be a nasty mess for them to sort
out. Just as well government HE ministers are practised in sharp policy
turns.

It would be interesting to know if list members think the apparently
conflicting sets of information really conflict.

Paul

> -----Original Message-----
> From: Katherine Henderson [SMTP:[log in to unmask]]
> Sent: Tuesday, April 08, 2003 5:01 PM
> To: [log in to unmask]
> Subject: Re: New guidelines for assessment of dyslexia
>
> Hi Mary and everyone
>
> As an LEA Officer administering DSA I at least try to follow the Student
> Support Regs and the DfES Notes of Guidance that relate to those
> regulations. The latest version of these notes for 2003/04 clearly state
> that students with dyslexia need to have had a full WISC or WAIS and, if
> this is more than 2 years old, a top up Assessment of Performance
> Attainment regardless of the student's age. It also says that this is part
> of the diagnosis and the cost should be met by the student. The current
> version of these notes has 56 pages on DSA alone and as such they can go
> into rather more detail than the Aim Higher booklet on any aspect of
> Student Support.
>
> I suspect the Department have put things differently in the Aim Higher
> booklet because they are rather more positive in their language when
> addressing students than when addressing LEA Officers. They also don't
> want
> to confuse students by overloading them with information. Or maybe they
> just like confusing administrators. But when it comes to establishing
> eligibility for DSA the Student Support Notes of Guidance take precedence
> over the Aim Higher booklet. Or at least they do in Manchester....
>
> Kath
>
> --------------------------------------------------------------------------
> -------------------------------
>
> Kath Henderson
> Team Leader - Student Support
> Education Department
> Overseas House
> PO Box 191
> Quay Street
> Manchester Tel. No: 0161 234 7076
> M3 3ST Fax No: 0161 234 7004
>
>
>
>
>
> "Dixon, Mary"
>
> <mary.dixon@OLDHA To:
> [log in to unmask]
> M.AC.UK> cc:
>
> Sent by: Subject: New guidelines
> for assessment of dyslexia
> "Discussion list
>
> for disabled
>
> students and
>
> their support
>
> staff."
>
> <DIS-FORUM@JISCMA
>
> IL.AC.UK>
>
>
>
>
>
> 08/04/2003 15:17
>
> Please respond to
>
> "Discussion list
>
> for disabled
>
> students and
>
> their support
>
> staff."
>
>
>
>
>
>
>
>
>
>
> Hi All,
>
> Following recent forum discussions, I've just acquired a copy of the 'Aim
> higher' booklet 2003-2004 and I quote:
>
> "If you have a specific learning difficulty, your LEA (or OU) will need
> evidence of this from a suitably qualified person. When students with a
> specific learning difficulty apply for DSAs, it is recommended that LEAs
> (or OU) accept any full diagnostic assessment that has been carried out
> since they were 16. As part of the needs assessment process, LEAs (or OU)
> may ask for an update of a previous diagnostic assessment to see what the
> likely effect of your specific learning difficulty will have on the skills
> you need for higher education."
>
> There is no mention here of any specific IQ test only available to
> psychologists that has to be performed as part of the assessment. The
> guidance also states clearly that the update of any previous assessment
> should be classed as part of the needs assessment process, presumably
> therefore fundable through the DSA.
>
> I would be interested in any comments that others may have.
>
> Mary
>
>
>
>
>
>
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