Legislative and policy framework

Scotland has a wide range of legislation to support inclusion and equality in education.

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Read the ‘Legislative and Policy Framework summary [Tip: hold Ctrl and click a link to open it in a new tab. (Hide tip)] ’ which provides you with an overview of the most recent legislation and policies that are listed below:

  • Disability Strategies and Pupils’ Educational Records (2002)

  • Curriculum for Excellence

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

  • Supporting Children’s Learning Code of Practice (Revised 2017) to support the ASL ACT (Code of Practice to support the ASL ACT)

  • The Getting it right for every child approach

  • Equality Act (2010)

  • Children and Young People (Scotland) Act (2014)

  • 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 that places 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 approach to inclusive education. It is supported by the legislative framework and key policy drivers including, Curriculum for Excellence, the Getting it right for every child approach 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.

Activity 4: Legislation and policy

Match the legislation with the correct summary by dragging it into the appropriate box in the table.

Using the following two lists, match each numbered item with the correct letter.

  1. Disability Strategies and Pupils’ Educational Records (2002)

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

  3. Code of Practice to support the ASL ACT

  4. The Getting it right for every child approach

  5. Equality Act (2010)

  6. Children and Young People (Scotland) Act (2014)

  7. Education (Scotland) (2016)

  • a.Introduces measures to improve Scottish education and reduce pupil’s inequality of outcomes.

  • b.Its purpose is to ensure an inter-agency approach across education, health and social work to improve outcomes for children and young people.

  • c.Places a duty on schools and education authorities to eliminate unlawful discrimination, harassment and victimisation of learners with protected characteristics and to actively promote equality of opportunity.

  • d.Provides the legal framework for identifying and addressing the additional support needs of children and young people who face a barrier, or barriers, to learning

  • e.Requires (responsible bodies) to develop and publish an accessibility strategy.

  • f.Places a duty on local authorities and schools to ensure the wellbeing of children and young people is safeguarded, supported and promoted.

  • g.Designed to help schools, parents and others to understand the ASL Act and ensure its implementation.

The correct answers are:
  • 1 = e
  • 2 = d
  • 3 = g
  • 4 = b
  • 5 = c
  • 6 = f
  • 7 = a

1.2 Scottish context for inclusion, equality and equity

Inclusion and equality