Commentary on Provisions Part 1: Gaelic Chapter 2: Education Section 29: All-Gaelic schools: viability of establishment
98.Section 29 inserts four new sections into the 2016 Act.
99.Inserted section 13A provides that an education authority must, when requested to do so, consider provision of and demand for Gaelic medium education in its area and complete an assessment of whether it would be viable for the authority to establish an all-Gaelic school in the area specified in the request. A request for an assessment of viability can be made by a parent of a child resident in the education authority’s area, by Comann nam Pàrant (Nàiseanta) or by Bòrd na Gàidhlig. The area specified in the request need not be the whole of the education authority’s area: it could be a more specific area within that, although the duty would then be to complete an assessment of viability in that smaller area. The education authority has 9 months in which to make an assessment.
100.The authority need not make an assessment where there has been another request within the previous 2 years, if that request relates to the same area. A request relates to the same area if, assuming it had led to the establishment of an all-Gaelic school, it would have been reasonably practicable for pupils to whom the further request relates to access that school. For example, another request within two years to make an assessment for the same small town would not have to be considered, but another request to make an assessment for an entirely different part of the education authority’s area might have to be considered, depending on the particular circumstances for travel and other access.
101.Inserted section 13B sets out the process for assessments. The education authority must seek advice from Bòrd na Gàidhlig, Comann nam Pàrant, His Majesty’s Inspectors of Schools and other education authorities which have established all-Gaelic schools within their areas. The education authority must consider representations from parents of children resident or attending schools in its area, children resident or attending schools in its area and such other persons with expertise or an interest in the Gaelic language as the authority considers appropriate. Arrangements for receiving representations from these groups must be publicised. The authority must also have regard to a range of relevant factors set out in section 13B(2). It must assess that it would be viable to establish an all-Gaelic school in the area specified in the request unless, having regard to those factors, it would be unreasonable to make that assessment. The assessment may be that it would be viable to establish an all-Gaelic school if certain circumstances occur.
102.There is a power for the Scottish Ministers to modify subsections (1) and (2) to adjust the people whose advice or representations must be sought, or to adjust the list of things to which the authority must have regard. The regulations will be subject to the negative procedure by virtue of section 31(4) of the 2016 Act.
103.Inserted section 13C sets out the duties of education authorities following assessments. The authority must publish the assessment, including the result of the assessment, the evidence considered by the authority and the reasons for the result.
104.Where the assessment is that it would be viable to establish an all-Gaelic school, the authority must specify in the assessment the period within which the authority considers it would be reasonably practicable to do so. It must then take such steps to establish the school as are reasonably practicable. For example, the authority would need to formulate a proposal which would then be subject to the process set out in the Schools (Consultation) (Scotland) Act 2010.
105.Where the assessment is that it would be viable to establish an all-Gaelic school if certain circumstances occur, the authority must additionally include in the assessment details of what those circumstances are and how they will be kept under review. Reviews must be published. After the circumstances occur, the authority must take such steps to establish the school as are reasonably practicable.
106.Inserted section 13D gives the Scottish Ministers a power to direct an authority to take a step which is required to establish an all-Gaelic school if the authority has made a positive assessment of viability but failed to take such a step. Before making a direction, the Scottish Ministers must seek advice from Bòrd na Gàidhlig and HM Inspectors of Schools and consult the education authority.
107.Section 29(3) inserts a definition of “all-Gaelic school” into the 2016 Act. It is a school at which all of the education provided is Gaelic medium education, all other services related to the provision of education are delivered in Gaelic, and the use of any shared facilities is separate to the use of those facilities by another school.