Commentary on Sections Part 3: Miscellaneous Section 19: Additional support for learning
63.Currently under the 2004 Act, when establishing whether a child has additional support needs or the level of provision required, an education authority has a duty to seek and take account of the views of the child, unless the authority is satisfied that the child lacks capacity to express a view (section 12). Parents and young people (aged 16-18 and in school) have a series of rights under the 2004 Act. The schedule to the Act amends the 2004 Act to extend some of these rights to children aged 12 or over with capacity.
64.A ‘Keeling schedule’ which sets out the amendments made by this Act in the context of the 2004 Act is available at http://www.gov.scot/Topics/Education/Schools/welfare/ASL. This document is provided to assist in the understanding of the Act and is for illustrative purposes only.