Scottish Government

MOVING FORWARD!
ADDITIONAL SUPPORT FOR LEARNING

Inclusive schooling

46. Our vision of inclusion refers to all, regardless of disability, gender and sexual orientation, religious persuasion, racial origin, and cultural and linguistic background. We wish to see all schools become inclusive schools. These are schools which welcome pupil diversity and develop an ethos and values which promote pupils' educational, social and cultural development. The recent HMIE report, Count Us In, recognised the challenges that teachers and schools face in developing inclusive practice. It also highlighted good practice which Inspectors found in a variety of settings in Scottish schools. They found that the inclusiveness of a school comes not from one setting or approach, but from the aims and values of the school, its climate and ethos, and the extent to which the needs of all individuals in the school community are addressed. Key aspects included the need for schools to have high expectations for all their pupils, the importance of effective leadership, and partnership in delivering inclusive education. HMIE will continue to seek out and report on good practice through its inspection programme and other activities. The Executive will support the dissemination of good practice identified through the Aberdeen University-based Inclusive Schooling project.

Mainstream

47. Section 15 of the 2000 Act requires education authorities to provide education in mainstream schools for all children except in certain prescribed situations. This requirement will take effect from August 2003. The Scottish Executive issued guidance in April 2002 to education authorities so that they could start planning for the introduction of the new duty.

48. We have given a commitment to monitoring the impact of the mainstreaming policy. National statistics will be collected on the number of pupils with special educational needs placed in special schools and units. These statistics will identify, also, the number of pupils in split mainstream/special school or unit placement by percentage of time spent in either setting. These statistics will provide one measure of mainstreaming. The Executive will conduct research into the impact of the new mainstreaming legislation. This will take account of advice from Audit Scotland, which has worked in partnership with HMIE to produce a report on how local authorities are preparing for mainstreaming, and to provide illustrations of good practice.

Improving access

49. From September 2002, it became unlawful to discriminate against disabled pupils and prospective pupils in the provision of education and associated services in schools, and in respect of admissions and exclusions. Local authorities, therefore, need to make sure that their schools are fully prepared to comply with the new duties. In addition, the Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2002 requires local authorities and independent education providers to prepare accessibility strategies. The Scottish Executive has issued guidance to assist in this. Under their strategies, authorities and independent education providers should plan to improve over time access to the curriculum, the school environment and school information for pupils with disabilities. The Scottish Executive will monitor the percentage of schools which become accessible to pupils with a range of disabilities.

Specialist provision

50. Notwithstanding our commitment to mainstream schooling, we recognise that there is a continuing need for diversity of provision if the needs of all children are to be adequately met. Specialist provision in Scotland comprises publicly-funded and independent schools. There are 197 publicly-funded special schools and units containing 8,183 pupils ¹. The independent sector contains 33 special schools with 1,038 pupils, while around 400 pupils attend seven grant-aided special schools.

1 Scottish Executive, 2002 School Census Bulletin

51. We acknowledge the good work and commitment of special schools. In particular, specialist provision can provide customised packages of provision to meet the education, health and care needs of children with more significant or complex needs. We also recognise that specialist provision can play a vital role in preparing children to attend mainstream provision, or supporting them as part of a mixed placement. Where children are educated in special schools they should, where appropriate, receive comparable treatment to their peers in mainstream schools. In this respect, the Executive has issued guidance on the length of the school day in special schools to bring it into line, where appropriate, with hours in mainstream schools.

52. We are keen that mainstream schools and special schools can learn from each other and that exchange of knowledge and experience can be facilitated between both sectors. We recognise the important work that individual schools undertake which can be of valuable assistance to other schools across the country. For example, schools in the three Ayrshire Councils helped produce an Elaborated 5-14 Curriculum for children with complex learning needs. Similarly, the Royal Blind School in Edinburgh has helped produce curricular materials in braille for use in all schools with pupils with visual impairment.

Empowering families

53. Policies for equality and inclusion must include support for parents and families to be actively involved in their children's education. Key features of the new additional support needs framework will be requirements on local authorities to improve their support for parents and families and to have mediation services in place for early resolution of disputes. New extended rights of appeal for parents of children with a CSP to allow them to challenge the level and type of provision proposed for their child will also be introduced, with, in certain circumstances, a new right of appeal to an independent appeals Tribunal.

54. Parents and families need good information and advice, which takes account of their cultural and language needs, if they are to be able to reach informed decisions on educational options. This is particularly so where information and advice are required on aspects of support for learning and additional needs. The Executive funds a national information and advice service - Enquire. This service aims to provide parents, families and children with information about their rights so that they can be fully involved in discussions on their children's education. A range of local voluntary information and advice services also exist which can provide in-depth local knowledge. Such voluntary services complement, but do not take away, local authorities' responsibilities to act as sources of good advice. Yet, The Way Forward? consultation exercise revealed the variable experiences, of families of children who require additional support, in accessing the information they require. Ministers wish to improve this situation.

55. Under the proposed new legislative framework local authorities will be required to make all relevant information available to parents, whose children have additional support needs, so that they can play a full part in their child's education. In most cases, schools, pre-schools and pre-school community assessment teams, will be best placed to provide the information and support that families need. However, education authorities will be required to maintain overall co-ordination of advice and information services in relation to additional support for learning. In particular, they will be required to appoint a knowledgeable member of staff to work with families who should take responsibility for providing impartial advice and information.

56. In some cases, families may wish to use the services of an independent adviser or advocate in their dealings with the local authority. Local authorities should inform parents that they can have someone to accompany, and advise, them in meetings, and should provide information about where to find a suitable person. For example, certain voluntary organisations would have relevant experience relating to children who require additional support and may be able to offer support in meetings.

57. In cases where an authority appoints a parent/family support officer to work with individual children and families, appropriate training and support should be given to the key worker or named person. Such a support worker should be recognised by all statutory agencies and be able to co-ordinate all professionals involved with a family to ensure practical support for the child/young person within the family, school and community. We are committed to ensuring that statutory and voluntary agencies work together in a co-ordinated way to meet the needs of the child and the family as a whole. For example, following The same as you? review of services for people with a learning disability and with autistic spectrum disorder, local authorities are appointing local area co-ordinators across Scotland. The co-ordinators will give information about, and arrange access to, available care and other support services for families and carers of children with a learning disability or autism. This will support families and assist children to take advantage of educational opportunities.

Mediation

58. The potential for disputes between schools, local authorities and parents is reduced when parents are fully involved in making decisions on their child's education. Inevitably, however, in some cases differences of opinion will arise. We are keen to support action to minimise disagreements and confrontations between local authorities and families. We believe local authorities should examine how a managed approach to advice and mediation might be used to avoid such situations. Such an approach should involve a staged process seeking to resolve disagreements informally and at the lowest level possible. Procedures and language should be parent and child friendly, and staff at all levels should receive training in these strategies.

59. The draft Education (Additional Support for Learning) (Scotland) Bill proposes a new duty on education authorities to provide mediation services aimed at resolving disputes. These mediation services should use independent and impartial mediators. Authorities may wish to work together to set up joint mediation services and contracts with mediators either from national/UK organisations or from the local voluntary sector.

Appeals

60. Current legislation gives parents the right to appeal to Scottish Ministers on a small number of points relating to a Record of Needs. The draft Education (Additional Support for Learning) (Scotland) Bill proposes replacing the current assessment and recording system. There will be new rights of appeal to a new independent Additional Support Needs Tribunal in relation to the proposed Co-ordinated Support Plan. Appeal rights for parents of children with a CSP will include appeals against the nature of educational provision. Appeal rights will include the educational outcomes which have been set for the child and the provision (including school placement) proposed to meet these outcomes. The Tribunal will be able to make decisions which impact on all services which children with a CSP require to access education.

61. The Additional Support Needs Tribunal will provide a more informal, user-friendly setting than that found in courtrooms and have much shorter appeal times than under the current lengthy appeal process for Record of Needs.