Part 1.3 The Policy and Legislative Context
A number of key Acts and priorities come together to influence the inclusive environment of Scottish education: a very brief overview is given here: more detail may be found in Section 7 on the CD Rom and on the poster ' Policy and Legislative Context' also on the CD Rom.
Key legislation includes:
1.3.1 The Standards in Scotland's Schools etc Act 2000 (also 7.1.1)
The Act includes a presumption in favour of providing mainstream education for all children. However the context in which this should be implemented is one that specifically allows for education to be provided elsewhere, this is because it will always be necessary to tailor provision to the needs of the individual child, and to make available a range of mainstream and specialist provision, including special schools, to meet the needs of all pupils.
1.3.2 The Education (Additional Support for Learning)(Scotland) Act 2004 (also 7.1.2)
The 2004 Act replaced the system for assessment and recording of children and young people with special educational needs, and introduced a framework for identifying and addressing the additional support needs of children and young people who face a barrier to learning. It places duties on education authorities and requires other bodies and organisations to help education authorities to meet their duties.
1.3.3 Disability Discrimination Act 1995 ( DDA) (as amended by the Special Educational Needs and Disability Act 2001) (also 7.1.3)
The amended 1995 Act makes it unlawful for education providers 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.
1.3.4 Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2002 (also 7.1.4)
There is a requirement for responsible bodies to prepare and implement accessibility strategies to improve over time access to education for pupils and prospective pupils with disabilities. There is also a requirement that, if requested to do so, responsible bodies must make a copy of the accessibility strategy available to any person. New guidance is in preparation.
1.3.5 Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005 (also 7.1.5)
These regulations reflect the fact that the Disability Discrimination Act 1995 is amended by the Disability Discrimination Act 2005: the 2005 Regulations provide a specific duty on educational authorities to produce a disability equality scheme to help them fulfil their general duty: The Disability Equality Duty ( DED).
1.3.6 The Disability Equality Duty ( DED) 2006 (also 7.1.6)
The Disability Equality Duty - the general duty is introduced in the amended Disability Discrimination Act 1995. There is a requirement for any public body to develop and implement a Disability Equality Scheme ( DES) for the whole authority and a separate education DES to cover their function as an education authority.
1.3.7 Getting it Right for Every Child ( GIRFEC) (also 7.1.7)
Getting it right for every child is a key priority for the Scottish Government as it contributes to its strategic objectives. The Government is committed to policies which help Scotland's children and young people fulfil their potential. Getting it right for every child is a national programme that is changing the way adults and organisations think and act to help all children, young people and their families grow, develop and reach their full potential.
1.3.8 A Curriculum for Excellence (also 7.1.8)
A Curriculum for Excellence provides explicit statements of the aims of education in Scotland, concepts which have long been implicit. In summary, the purposes of education are to enable all young people to become: successful learners; confident individuals; responsible citizens and effective contributors.
The development of these capacities, attributes and capabilities lies at the heart of work on curriculum renewal.
1.3.9 The Early Years Framework (also 7.1.9)
The Early Years Framework, at its simplest, is about giving all our children the best start in life and identifying the steps the Scottish Government, local partners and practitioners in early years services need to take to make a start on that journey. At the heart of this framework is an approach which recognises the right of all young children to high quality relationships, environments and services which offer a holistic approach to meeting their needs.