Why legislation and policy are important
Aside from understanding what they mean, it’s important to appreciate why legislation and policy exist. To illustrate this point, read the following extract from a document on Disability History Scotland (2015) written in 1874:
Attendance Officers report that many disabled children rarely if ever go to school. In response, William Mitchell, Chairman of the Attendance Committee of the Glasgow School Board, establishes the ‘Association for Visiting and Aiding Permanently Infirm and Imbecile Children’.
This was the start of education for children in Glasgow who required additional support. However, the education was provided in their homes and away from other children of their age. This meant that children were segregated from mainstream education.
More than 145 years later, attitudes and provision have changed considerably. In Guidance on the presumption to provide education in a mainstream setting (2019, p. 7), the Scottish Government issued the following statement:
The presumption of mainstreaming enshrines the right of all children and young people with additional support needs to learn in mainstream schools and early learning and childcare settings. Children and young people must be present, in person or engaged via virtual means, in order to benefit from learning. Presence is a fundamental requirement of inclusive practice.
Legislation and policy both have an influence on, and are influenced by, public attitudes. Current policy reflects the belief that children who require additional support have the right to be included in mainstream education.
This belief is reflected in the Scottish Government’s (2019, p. 4) definition of inclusive education:
Inclusive education in Scotland starts from the belief that education is a human right and the foundation for a more just society. An inclusive approach which recognises diversity and holds the ambition that all children and young people are enabled to achieve to their fullest potential is the cornerstone to achieve equity and excellence in education for all our children and young people.
6.1 Finding out about legislation and policies