Commentary on Provisions Part 1: Gaelic Chapter 2: Education Section 28: Assessments of requests for Gaelic medium education
85.Section 28 modifies the 2016 Act with the effect that the process set out for the assessment of whether to provide Gaelic medium primary education (GMPE) is modified and extended so that it will also apply to early learning and childcare.
86.Definitions of “Gaelic medium early learning and childcare” and the abbreviation “GMELC” are added to section 18 (interpretation) of the 2016 Act and inserted into sections 7, 8, 12 and 13 so that all references to Gaelic medium primary education also extend to Gaelic medium early learning and childcare.
87.Section 7 is amended so that a request to an education authority to assess the need for the provision of GMPE or Gaelic medium early learning and childcare (GMELC) can be made by Comann nam Pàrant (Nàiseanta) or Bòrd na Gàidhlig, as well as by the parent of a child who is under school age, has not commenced attendance at a primary school, and is resident in the education authority’s area.
88.Section 7(2) is repealed. This required a request to include evidence of demand for GMPE from parents of other children resident in the education authority area and in the same year group. Instead, while a request may be accompanied by evidence of demand under subsection (3), it will be for the education authority to provide an opportunity for this evidence to be submitted to it (see the modifications to section 12 described below). This means that the definition of “year group” in section 7(4) is no longer required and is repealed.
89.Section 8 is modified to add a guidance making power for the Scottish Ministers which specifically relates to the functions of education authorities under sections 8, 12 and 13: that is, designating an assessment area, making an assessment, and taking action following that assessment. The other changes to section 8 are to extend its application to GMELC.
90.Sections 9, 10 and 11 are repealed. Section 9 required an education authority to make an initial assessment of a request with section 10 imposing duties on the authority following that assessment. The repeal of sections 9 and 10, and the modification of section 12 discussed below, means that there will now be a single assessment rather than the previous two stage process. Section 11 provided a mechanism to avoid repeat requests: this is now inserted into section 12 as subsection (1A).
91.Section 12 is amended so that the duty on an education authority in response to a request is to consider its provision of GMPE or GMELC, and the demand for GMPE or GMELC in the relevant assessment area, and complete an assessment of the need for the provision of GMPE or GMELC in the relevant assessment area. The assessment of demand should take into account projections for future demand, for example if there is evidence that there is a cohort of pre-school children in the area whose parents are interested in GMPE. The assessment must be completed within 6 months of receipt of a request under section 7(1).
92.New subsections (1A) and (1B) replicate what was section 11 for the new assessment process: an education authority need not carry out the consideration and assessment required by subsection (1) if it has within the previous 2 years published a report of an assessment in respect of the same assessment area and same stage of provision. Where a request is made to assess the need for GMPE, a request within two years to assess the need for GMELC will still need to be considered (and vice versa).
93.The Scottish Ministers may direct an education authority to carry out a repeat assessment in cases where they consider that appropriate: for example, there might have been a significant change to school provision or population in the area during that time.
94.Section 12 is also amended so that the education authority must seek advice on the assessment from HM Inspectors of Schools, Bòrd na Gàidhlig and Comann nam Pàrant (Nàisenta), and must publicise arrangements for receiving representations from parents, children and other persons with expertise or interest in the Gaelic language. The references to children include both children who are attending school in the area, and children who are resident in the area, to ensure that this includes for example children who are attending Gaelic medium education in another area. The authority must have regard to these representations in deciding whether to secure the provision of GMPE or GMELC in the assessment area.
95.Section 13 is amended so that the report of the assessment must be published on the authority’s website as soon as reasonably practicable after the assessment has been completed. The other changes to section 13 reflect the changes made to the previous provisions.
96.Section 14, which conferred a power to extend Part 2 of the 2016 Act to early learning and childcare, is repealed.
97.Definitions which are no longer used are repealed from section 18(2) (interpretation of Part 2).