Policy and Legislative Context

This page gives a summary of key policies and documents which are relevant for EAL learners. It is not comprehensive and is designed to be a quick reference guide.

Scottish education is based on the belief that education is a human right and that all children and young people should be supported to reach their fullest potential. Scotland’s education system is designed to be an inclusive one for all children and young people in Scottish schools with or without additional support needs. Scotland has a wide range of legislation to support inclusion and equality in education which:

  • ensures rights and entitlements for children and young people to education, support and wellbeing.
  • place duties and expectations on schools and local authorities to ensure that they:
  • Deliver an inclusive education
  • Support learners to achieve to the best of their ability
  • Do not discriminate against those with protected characteristics
  • Provide assessments when requested

The Standards in Scotland’s Schools etc. Act (2000)

Every child or young person has the right and the entitlement to education, as detailed in this act.

Code of Practice to support the ASL ACT

Supporting Children’s Learning: Statutory Guidance on the Education (Additional Support for Learning) Scotland Act 2004 (as amended) – Code of Practice (Third Edition) 2017

 The Code of Practice is designed to help schools, parents and others to understand the ASL Act and ensure its implementation. This is the third edition of the code and replaces all previous versions. It takes account of the amendments in the Education (Scotland) Act 2016 (the Act) which extended certain rights to children aged 12 -15 years and who have capacity, (these were already in place for 16 year olds). and it explains the duties on education authorities and other agencies to support children’s and young people’s learning.

Curriculum for Excellence

Curriculum for Excellence is intended to help children and young people gain the knowledge, skills and attributes needed for life in the 21st century, including skills for learning, life and work.

Its purpose is often summed up as helping children and young people to become:

  • Successful learners
  • Confident individuals
  • Responsible citizens
  • Effective contributors.

These are referred to as the four capacities.

Getting It Right For Every Child (GIRFEC)

General Teaching Council Standards (GTCS)

This presentation gives:

  • a very brief introduction to the GTCS Professional Standards
  • some suggestions of which aspects of the standards link with professional learning on EAL

Professional Standards & supporting EAL learners

http://www.gtcs.org.uk/professional-standards/standards-for-registration.aspx

UN Rights of the Child – in child friendly language

“Rights” are things that every child should have or be able to do. All children have the same rights.

These rights are listed in the United Nations (UN) Convention on the Rights of the Child. Almost every country has agreed to these rights. All the rights are connected to each other, and all are equally important.

In terms of multiculturalism and multilingualism, the following Rights are especially pertinent:

Article 8
You have the right to an identity – an official record of who you are. No one should take this away from you.

LANGUAGE AND CULTURE ARE ESSENTIAL PARTS OF OUR IDENTITY. THIS SHOULD BE CELEBRATED, ENCOURAGED AND NURTURED IN SCHOOLS AND IN WIDER SOCIETY. NO CHILD SHOULD HAVE TO HIDE WHO THEY

Article 12
You have the right to give your opinion, and for adults to listen and take it seriously.

IN ORDER TO GIVE THEIR OPINION, CHILDREN SHOULD HAVE THE FREEDOM AND OPPORTUNITY TO USE LANGUAGES OTHER THAN ENGLISH TO MAKE THEIR VOICE HEARD.

Article 14
You have the right to choose your own religion and beliefs. Your parents should help you decide what is right and wrong, and what is best for you.

ATTITUDES, VALUES AND BELIEFS ARE INTEGRAL PARTS OF CULTURE AND IDENTITY. CHILDREN MAY HAVE MULTIFACETED IDENTITIES REFLECTING THEIR MULTICULTURAL HERITAGE.

Article 29
Your education should help you use and develop your talents and abilities. It should also help you learn to live peacefully, protect the environment and respect other people.

CHILDREN’S MULTILINGUAL TALENTS AND THEIR DIVERSE CULTURES SHOULD BE CELEBRATED AND ENCOURAGED. THIS LINGUISTIC ABILITY IS NOT ONLY GOOD FOR THE CHILD ACADEMICALLY, COGNITIVELY, SOCIALLY, EMOTIONALLY AND VOCATIONALLY, BUT IT ALSO BENEFITS WIDER SOCIETY AND THE ECONOMY.

Article 30
You have the right to practice your own culture, language and religion – or any you choose. Minority and indigenous groups need special protection of this right.

OPPORTUNITIES TO USE FIRST LANGUAGE IN SCHOOL SHOULD BE GIVEN, AND OPPORTUNITIES TO DEVELOP THEIR HOME LANGUAGE(S) SHOULD BE OFFERED. THIS PROMOTES THE WEALTH OF BENEFITS OF BILINGUALISM AND ALSO ENHANCES GENERAL LITERACY SKILLS IN ENGLISH TOO. CHILDREN AND THEIR FAMILIES SHOULD HAVE THEIR CULTURE VALUED AND CELEBRATED.

https://www.unicef.org/crc/files/Rights_overview.pdf

Child friendly poster version

How Good is Our School? (4th Edition)

The self evaluation framework How Good is Our School? provides challenge questions around how well a school is doing to ensure the best possible outcomes for all learners in relation to well-being, equality, inclusion, attainment and achievement.

Practitioners who are able to support bilingual pupils using a range of approaches and ways to embed language learning within the curriculum as well as recognising that the pupil’s first language can be an aid to learning, will contribute to developing an inclusive learning environment.

Questions from the framework which might help your thinking in your approach to supporting bilingual learners include:

How well can we demonstrate improved attainment for groups and individuals facing barriers to learning, including poverty?

Have we successfully established an inclusive learning environment? How do we know?

To what extent does our school celebrate diversity?

How well do we track and recognise achievements?

Bilingual learners and the National Improvement Framework

The National Improvement Framework has key priorities for achieving excellence and equity in education:

Improvement in attainment, particularly in literacy and numeracy

Improving your skills to support bilingual learners will in turn support their development in literacy and numeracy.

Closing the attainment gap between the most and least disadvantaged children and young people

Bilingual learners are varied in their profile, some may be affected by poverty-related issues.

• Improvement in children and young people’s health and wellbeing

An inclusive learning environment will reduce the risk of social isolation among bilingual learners leading to better health and well-being.

Improvement in employability skills and sustained, positive school-leaver destinations for all young people

The more successful schools are in achieving inclusive outcomes for their learners, the better are the chances that these learners will go on to succeed. Adopting inclusive practices in supporting bilingual learners in their learning journey will help to increase chances of learning journeys leading to positive destinations.

Equality Act

This legislation covers those who identify as having one of 9 protected characteristics. These are:

  • Age
  • Disability
  • Gender reassignment
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation
  • Marriage or civil partnership
  • Pregnancy or maternity

The legislation requires all public bodies to:

  • Eliminate discrimination
  • Advance equality
  • Foster good relations

The legislation protects people who have or are perceived to have one of the protected characteristics.

For most EAL learners, the most relevant protected characteristic will be Race, although some of the others may also be relevant.

This means that schools are required to ensure that EAL learners are not affected by discrimination, that their equality is promoted and that they have good relations with other learners who are not EAL.

Additional Support for Learning (Scotland) Act 2004 (as amended 2009)

The Additional Support for Learning Act 2004, (as amended), requires education authorities to identify, meet and keep under review the additional support needs of pupils for whose education they are responsible and to tailor provision according to their individual needs.

The broad and inclusive term “additional support needs” applies to children and young people who, for whatever reason, require additional support, long or short term, in order to help them make the most of their school education and to be included fully in their learning

Under the Education (Scotland) Act 1980 local authorities have a duty to provide adequate and efficient provision of school education for all children residing in their local area. This duty does not distinguish between children and young people on the basis of their country of origin.

Education authorities have a series of duties to ensure that children and young people who have additional support needs get the support they need to achieve their full potential. English as an additional language has been specifically identified as a potential additional support need within the Supporting Children’s Learning Code of Practice.

By supporting practitioners in working with bilingual learners through this online learning unit, we aim to better equip practitioners so that bilingual learners are effectively supported and are able to make the most of their learning.

New Scots Refugee Integration Strategy 2018 – 2022

Scottish Government’s strategy for refugee integration recognises the importance of having skilled practitioners within the education system to effectively support learners whose first language is not English. This includes refugees and asylum seekers.

Welcome Our Learners: Scotland’s ESOL Strategy 2015-2020

The national strategy for English for Speakers of Other Languages recognises the importance of having English language skills to support the process of integration. The learner-centred approach it promotes stems from acknowledging the existing skills and experience ESOL learners have – including language skills – and how they can be used to build and develop further learning.