The neurodiversity space is constantly changing and growing as experts in this area continue to expand their knowledge. It is important to understand the challenges that are faced for the students and the school when dealing with students who have neurodevelopmental conditions. The needs of the student, the parents, the schools as well as other pupils in the school all need to be considered and balanced when dealing with matters in this area.
We have seen an increase in matters relating to Neurodiversity and Behaviour over the last few months. These types of issues can be challenging for schools to navigate and manage. We have set out some key tips to consider when dealing with these types of issues:
The level of care/resource you provide to neurodiverse students and students with behavioural disabilities will be governed by your admission agreement and school policies that you have in place. It is important to ensure these documents are up to date and clear. For example, if you are a school that holds itself out as a school that can provide for higher needs students then you will be bound by these standards;
- Your school policies and procedures should govern any actions that may need to take place following a behavioural incident. For example, any behavioural incidents should be recorded and held on a student’s file and all relevant parties should be notified of any incidents (i.e. parents of the students involved bearing in mind privacy obligations). Schools should ensure that their policies provide clear protocols and processes as to how matters will be dealt with, and these should be followed to ensure the school is compliant with its own standards;
- Addressing unacceptable behaviour – Schools need to balance their duty to address any unacceptable behaviour, regardless of the cause, with understanding the complexities around neurodevelopmental conditions (i.e. refraining from any action that may be discriminatory in nature). Schools should understand that this does not mean that unacceptable behaviour cannot be addressed or managed, however, it may mean that how a school addresses this behaviour could look different when the student suffers from a neurodevelopmental condition (this should be governed by your policies); and
- Health and safety must always be considered when dealing with these matters. Schools have a duty to provide a safe and healthy environment which includes minimising any actual or perceived risks of harm. This duty extends to students, staff, parents, visitors, and volunteers that may attend a school.
Should you have any inquiries about this article please get in touch with Hanna Tevita, Senior Solicitor, Simpson Grierson.
