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7. Special educational needs and disabilities - early years' provider agreement

Early years' provider agreement effective from 1 January 2025. Special educational needs and disabilities.


7.1 The local authority strategically plans support for children with special educational needs and/or disabilities (SEND) to meet the needs of all children in their local area as per the Special Educational Needs and Disability code of practice: 0 to 25 years (January 2015).

7.2 The provider must ensure all staff members are aware of their duties in relation to the SEND Code of Practice, and the Equality Act 2010.

7.3 The local authority is clear and transparent about the support on offer in their area, through their Local Offer, so parents/carers and providers can access that support.

Contact the early years' helpline, email earlyyears.senhelpline@derbyshire.gov.uk

7.4 To meet the requirements of the EYFS, providers must have arrangements in place to support children with SEN or disabilities. The provider should be clear and transparent about the SEND support on offer at their setting and make information available about their offer to support parents/carers to choose the right setting for their child with SEND.

7.5 All eligible children in receipt of Disability Living Allowance (DLA) and accessing the early years' entitlement funding are eligible for the Disability Access Fund (DAF). DAF is paid to the child's early years' setting as a fixed rate per eligible child (subject to change throughout the duration of this contract). The Disability Access Fund Declaration section of the FE1 parent/carer declaration form must be completed by parents/carers of eligible children and include the 9-digit DLA reference number. As only one provider can receive the funding, if a child attends more than one setting, the parent should nominate which setting should receive the DAF payment. The provider must securely retain a copy of the letter confirming a child is in receipt of DLA for future funding audits. The provider must indicate on the Provider Portal they are claiming DAF for an eligible child when submitting actuals' data.