Legislative Update
The Education (Additional Support for Learning) (Scotland) Act 2009 will come into force in autumn of this year (2010). The main changes to the 2004 Act include:
- The definition of additional support needs.
- Duties regarding the identification of children under 3 years of age with additional support needs.
- Requests for assessment from the Independent Sector
- Mediation Services.
- Dispute resolution.
- References to the Additional Support Needs Tribunal.
You may wish to update yourself on all aspects of The Act. Three of the main points for schools to bear in mind are:
(i) All looked after children and young people are deemed to have additional support needs unless or until, they have been assessed as not having additional support needs
(ii) Additional Support is any support which additional to or different from existing provision.
(iii) The assessment of additional support needs is to be made against the provision received by other children / young people of the same age in schools run by the Local Authority.
For further information, a draft Code of Practice is currently in the consultation phase and can be found at
www.scotland.gov.uk/Publications/2009/11/03140104/20
Explanatory notes published by Enquire, the Scottish advice service for additional support can be found at
