4.1 Current legislation and policies

Legislative framework

We have a wide range of legislation to support inclusion and equality in education which are explained in further detail in this section:

  • Disability Strategies and Pupils’ Educational Records (2002);
  • Additional Support for Learning (Scotland) Act 2004 (as amended 2009);
  • Equality Act (2010);
  • Children and Young People Act (2014); and
  • Education (Scotland) (2016).

These promote a child centred approach to encourage every child to reach their ‘fullest potential’. Our legislation ensures rights and entitlements for children and young people to education, support and wellbeing. There is a range of legislation and educational policies which 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

Children’s rights and entitlements are fundamental to Scotland’s approaches to inclusive education. It is supported by the legislative framework and key policy drivers including Getting It Right For Every Child, Curriculum for Excellence and the Framework for Professional Standards for teachers. These are underpinned by a set of values aligned to social justice and commitment to inclusive education.

4.1.1 The Standards in Scotland’s Schools Etc. Act 2000