The Act
3.The Act replaces the system for assessment and recording of children and young people with special educational needs, including the Records of Needs process, established by the Education (Scotland) Act 1980 (“the 1980 Act”) as amended by the Education (Scotland) Act 1981 and subsequent legislation. A new system for identifying and addressing the additional support needs of children and young people who face a barrier to learning is provided for in the Act. (References to young people are to those aged 16 or 17, still receiving school education.)
4.The Act encompasses any need that requires additional support in order for the child or young person to learn. It places duties on education authorities (in Scotland these are the local authorities) and requires other bodies and organisations to help. In providing school education, education authorities are required to identify and then make adequate and efficient provision for the additional support needs of children and young people. Parents can request an education authority to establish whether their child has additional support needs and whether they require a co-ordinated support plan.
5.A co-ordinated support plan must be prepared for those with enduring complex or multiple needs that require support from outwith education services. The plan will focus on supporting the child to achieve learning outcomes and assist the co-ordination of services from a range of providers. Additional Support Needs Tribunals are established to hear appeals relating to co-ordinated support plans. Mediation services must be made available to assist in avoiding disagreements between parents and education authorities or schools and authorities may be required to put in place arrangements for dispute resolution.