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).

  • The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill 2021.

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 a 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.

Two lists follow, match one item from the first with one item from the second. Each item can only be matched once. There are 7 items in each list.

  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)

Match each of the previous list items with an item from the following list:

  • a.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

  • b.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.

  • c.Introduces measures to improve Scottish education and reduce inequality of pupil outcomes.

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

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

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

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

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

1.2 Scottish context for inclusion, equality and equity

Inclusion and equality