The Education () Act 2016 Information for Parents

Scottish Government Introduction

On 2nd February 2016 the The purpose of this leaflet The Act and its passed is to give information to accompanying documents the Education (Scotland) parents on the Education are available on the Act 2016. The Education Act. This leaflet will go Scottish Parliament website. Act creates new education through all of the provisions law. in the Act.

The Education Act has 4 parts: School Education, Gaelic Medium Education, Miscellaneous and General.

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Questions and Answers are provided on the following parts of the Act:

 Reducing inequalities caused by socio economic disadvantage (page 3)  National Improvement Framework for Scottish education (page 4)  Gaelic Medium Education (page 5)  Children’s rights under Additional Support for Learning (page 6)  Learning Hours (page 9)  Clothing grants (page 9)  Section 70 complaints (page 10)  Chief Education Officer in education authorities (page 11)  Registration of teachers with General Teaching Council for Scotland (page 11)  Standard for Headship qualification (page 12)  Other amendments in the Education (Scotland) Act 2016 (page 12): o Free school meals o Kinship care and early learning and childcare  Contact details (page 12)

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Reducing inequalities caused by socio-economic disadvantage

What is this all about? We believe it is report to Parliament and unacceptable that many councils will be accountable The Education (Scotland) children in Scotland have to their local communities Act 2016 includes changes their life chances and to Ministers for their to the law which aim to determined by their reports. close the attainment gap postcode rather than their faced by those children talent. How will we know if the from low income changes are making a households. Closing that How will the Act achieve difference? gap is key to delivering the this? ’s The new legislation will help commitment to building a The Act introduces new us to ensure that the fairer Scotland and tackling laws for Scottish Ministers attainment gap remains a inequality. and councils to plan and priority for those delivering deliver education services our education services. It Why are these changes in a way which is designed will require the publication necessary? to close the attainment gap. of reports setting out It requires councils to progress. Those reports Attainment amongst consult parents, children, will form part of the National Scotland’s pupils is good schools and other partners Improvement Framework, and improving. We have when taking decisions which will measure record exam results. Fewer about how to do this. The progress and deliver young people are leaving Act requires that Ministers improvements throughout school with no qualifications. and councils publish plans our education system. School leaver destinations and reports every year are the best on record with setting out the steps they 92% of pupils who left have taken, the steps they school in 2013/14 going on intend to take and the to further or higher impact of those steps in education, training or narrowing the gap. Scottish employment. Ministers will submit their But, we know that school leavers from the most disadvantaged 20% of The Scottish Government will produce Scotland’s communities detailed guidance to support councils in only do half as well as meeting their new responsibilities. those from the least deprived 20% of areas in achievement at Higher level.

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National Improvement Framework What are the priorities of will take part in What is this all about? the National Improvement standardised assessments. Framework? The assessments will help The Education Act teachers establish a good introduces a new The National Improvement picture of where individual Framework priorities are: requirement for Scottish children are with literacy  to improve attainment, Ministers to establish a particularly in literacy and and numeracy. National Improvement numeracy Where can I find out more Framework for Scottish  to close the attainment education. The Framework gap between the most and about the National sets out Scotland’s vision least disadvantaged Improvement Framework? children for school education and The National Improvement helps to ensure that  to improve children and young people’s Framework is published Scotland is the best place health and wellbeing here on the Scottish to grow up.  to improve Government’s website. employability skills and It is about making sure sustained positive school There is also a storyboard every child in Scotland has leaver destinations for all which was developed to equal opportunities and the young people. help children understand best possible education in the Framework which you order to succeed. What does this mean for can find here. Why is this necessary? school children in Scotland? We need Scottish education to deliver both We are committed to a excellence in terms of Scotland in which all ensuring children and children and young people young people acquire a can realise their potential, broad range of skills and developing the knowledge, Almost 1000 children capacities at the highest skills and attributes they were consulted on levels, whilst also delivering need to flourish in learning, equity so that every child life and work. The National the National and young person can Improvement Framework Improvement thrive and have the best will let us know that how Framework opportunity to succeed progress is being made. regardless of their social circumstances or additional As part of a wide range of needs. evidence to support teacher judgement of progress, children in primaries 1, 4, 7 and in 3rd year of secondary

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Gaelic Medium Education

What is this all about? Education authorities will Full assessment assess the need for GMPE The Scottish Government following a parental request; If, having followed the initial wants to strengthen Gaelic assessment, a Council in Scotland and an In addition, education decides that there is important way to do that is authorities will promote and potentially a need for increasing the numbers of support the use of GME; GMPE in their area they those using the language. must then carry out a full Gaelic Medium Education And Bòrd na Gàidhlig (the assessment of the need for (GME) is one way that this body responsible for the GMPE in that area. The can be done. GME can be development of Gaelic in Act sets out the things that described as bilingual Scotland) will prepare councils must consider as education, where the guidance on how GME part of a full assessment. language of the classroom should work in Scotland. What is proposed will usually be Gaelic. The What are the next steps Scottish Government through guidance for following the parental Gaelic education? believes that it is important request? to build on current GME but The Act provisions place a also to promote it. Initial assessment duty on Bòrd na Gàidhlig to What are the provisions The parental request will produce guidance on how for Gaelic? result in the Council Gaelic education should carrying out an initial work in Scotland. Views The Act gives parents of assessment exercise with will be sought on this during pre-school aged children the aim of identifying Spring 2016. the right to request Gaelic whether there is potential medium primary education need for GMPE in the (GMPE). area.

The Act will give parents of children under school age the right to request Gaelic medium primary education for their child.

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Children’s rights under Additional Support for Learning

What is this all about? of using mediation services The Act sets out what it themselves, children should means to have capacity. This part of the Act is about have their views considered The child must be mature giving children rights under as part of the process. enough and be able to the Additional Support for understand how to carry out Learning Act. The Children who are 12 and their right, how to make, Additional Support for over, who are able to, and communicate, understand Learning Act is the law who want to, can use and remember a decision which is about supporting rights for themselves – that they want to make children with their learning. what does that mean? (they must be able to Under this law, parents and Children will have to have understand what that carers and young people, decision means for them) aged 16-18 and still in ‘capacity’ to use their rights, capacity will, in the main, and the advice and school, have certain rights. information that they are The Act gives these rights be determined by the education authority. given so that they can to children who are 12 and express their view. over, who are able to, and Children generally have who want to, use them. capacity at 12 years old. What does that mean for This means that they are parents using rights? What are the rights we mature enough and able to are talking about? Are understand at 12. For The rights that parents children getting the same children and young people currently have under the rights as their parents? with additional support Additional Support for needs this is really Learning Act won’t change. The rights that parents and important as some children What will change is that young people have at the may not have capacity at children who are able to moment are set out on 12. and who want to will be page 8. They include rights able use their rights on their about having additional own behalf. support needs identified and assessed, access to information and access to services that will help resolve concerns.

It is suggested that children A child will not be ‘made’ to use their rights will have all of the rights set if they do not want to. Their parent can out at page 8 except for the continue to use them on their behalf. right to make a placing request and the right to use mediation services. Instead

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How will children be views of the child will be What support is there helped to use their rights? given to whoever is carrying available to parents and out the process related to young people? In most cases, parents will the right they are using, for help a child who has example the child’s views There is a range of support chosen to use their rights. can be given to support a currently available for Children will also be given request. parents and young people. information about their Enquire is the national rights if they are going to What happens if parents advice and information use them and will be able to and children disagree? service for additional access a children’s support support for learning in service, which will be If a child is going to use Scotland. Enquire have a managed by one overall their right the education website organisation. This service authority has to assess the (www.enquire.org.uk) which will include: child’s capacity and includes publications and whether using their right will information on a wide range  advice and affect their wellbeing. The of issues. Enquire also information, child’s parents will be have a helpline which notified of this assessment  advocacy support, anyone can call for advice and the outcome of the and information on their assessment. If the parent  legal advice and specific concern or problem. feels that the child is doing representation, and The helpline number is something which would 0845 123 2303.  a children’s views adversely affect their service. wellbeing or that the child Let’s talk ASN is the doesn’t have the capacity, advocacy service which This service is to help a then the parent can ask for provides advocacy and child to use their rights (if a review of the education representation for parents they want to) and help them authority’s decision. This and young people about through the process. If review will be carried out by things that they might be needed, it will help them to a Convener of the considering making a understand the outcome of Additional Support Needs reference to the Additional the decision or request or Tribunals for Scotland. It is Support Needs Tribunals the information that they intended to be a fast review about. have as a result of using so that a decision can be their right. made quickly to confirm The children’s views that the child can use their service is to help get the rights or to prevent them child’s view when this from using their rights hasn’t been possible inappropriately. through other routes. The 7

Parents and young people have the right under the Additional Support for Learning Act to:

 ask the education authority to establish whether a child or young person has additional support needs  request a specific type of assessment or examination (or both) at any time, including when the education authority proposes to formally identify whether a child or young person has additional support needs, or requires a coordinated support plan(a “CSP”)  receive information or advice about a child or young person’s additional support needs  ask the education authority responsible for their or their child’s education to find out whether they or their child requires a coordinated support plan, and to review an existing plan  request a specific type of assessment and/or examination to find out whether they or their child require a coordinated support plan  be asked for their views and have them taken into account and noted in the child or young person’s coordinated support plan  receive a copy of their or their child’s coordinated support plan  have their case heard by an Additional Support Needs Tribunal if they are involved in a dispute relating to a coordinated support plan.  make a placing request to a special school if they or their child has additional support needs*  appeal against the education authority’s decision to refuse their placing request. The appeal would either go to an education appeal committee or to an Additional Support Needs Tribunal depending on the situation  use free independent mediation services*  have a supporter or advocate present at any discussions  request independent adjudication  apply to the Additional Support Needs Tribunal (called 'making a reference') for decisions about a CSP and certain other issues. In particular, a parent or young person may make a reference about the decisions of an education authority: o to prepare or not prepare a CSP; o to continue or discontinue a CSP; o regarding the timescales for the CSP; o not to comply with a request to establish whether a child or young person needs a CSP; o to refuse a placing request where a CSP exists, or is required but has not yet been prepared, or if an appeal against a refusal of a placing request has not yet been considered. o have a supporter or advocate present at a Tribunal hearing.

*these rights have not been extended to children through the Act.

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Learning Hours The Act allows for some School clothing exceptions to be made, to grants What is this for? make sure that the particular needs of What does this do? This provision in the Act individual children (for means that all primary The provision in the Act example those who have to school children in Scotland means that councils will travel long distances to will be guaranteed a have to provide grants, of a school, or those with minimum number of hours minumum amount, for medical conditions which of school education each school clothing for certain restrict the amount of time year pupils. they can reasonably spend The Act itself does not in school), can be met. Who will this affect? specify the total number of Why is this change hours which should be The Act itself does not necessary? provided to pupils over specify who will qualify for a clothing grant. This will be each school year. That Making sure pupils have set out in secondary information will be set out in enough time with a qualified legislation. However, it is secondary legislation, teacher is key to providing likely that children who following a full, public the high quality learning qualify for free school consultation. The experiences our children meals will also qualify for government’s starting and young people deserve. the clothing grant. position, however, is that In recent years, a number primary pupils should of councils have proposed How much will the grant continue to receive the reducing the length of their be for? number of hours of school primary school week, in education that the vast order to make savings. The value of the grant has majority of pupils receive This change is necessary not been set out in the Act. currently: 25 hours a week, as it will protect the learning The Scottish Government resulting in 950 hours a hours children in Scotland hopes to negotiate a year. currently receive, from minimum amount with the being reduced for financial Convention of Scottish What does this mean for reasons. Local Authorities rather primary school children? than through secondary This part of the Act makes legislation. sure that no matter where Secondary Legislation is made by the in Scotland a child lives, he or she will have the right to Scottish Parliament. They set out in more receive the same number of detail how certain provisions in the Act hours of primary school will work. education.

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Section 70 complaints

What is this about? What does it do? What will the proposed amendments do? Under section 70 of the The Scottish Ministers have Education (Scotland) Act a power to make an order The proposed amendments 1980, any interested party under section 70 to require will do two things: can make a complaint to a duty to be carried out. To 1) Prevent Ministers from Scottish Ministers that a find out if there has been a making an order under responsible body, such as a failure to carry out a duty, section 70 where the council, has failed to carry the responsible body and complaint can be out a legal duty. The 2016 the person making the considered by the Act improves the process complaint will be asked for Additional Support Needs for how section 70 evidence. If it seems there Tribunals for Scotland. complaints are handled. has been a failure, Education Scotland will 2) Provide a power to make What is a section 70 investigate the case and act secondary legislation about complaint? as advisers to Ministers. the procedure to be After this investigation, if Section 70 applies only to followed in section 70 Ministers think the statutory duties that must complaints. This may be responsible body has not be carried out under an Act used to add timescales to carried out a duty, they may of Parliament. It does not the complaints process for make an order requiring it apply to common law duties, everyone involved in to do so under section 70. such as a duty of care, that making a complaint. have come from previous court-case decisions. It is not about questioning the decisions of responsible Section 70 of the 1980 Act applies only to bodies. For example, statutory duties that must be carried out under Ministers cannot overturn a an Act of Parliament council’s decision just because they disagree with it.

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Chief Education for our education system, council run schools must be Officer in education with a particular focus on registered with the GTCS, raising educational the majority of teachers in authorities attainment and closing the independent schools and What is this for? equity gap that affects all teachers in grant aided young people in too many schools are registered on a The Act introduces changes parts of Scotland. These voluntary basis. However, to the law which are ambitions demand a high there was no requirement designed to support degree of professional for independent and grant councils in providing knowledge at a local level. aided schools to only education by making sure The appointment of a Chief employ teachers who are they have a Chief Education Officer will GTCS registered. The Act Education Officer. support education enables Scottish Ministers authorities in fulfilling the to make secondary How will the Act do this? ambitions for Scotland’s legislation which require all The Act makes it a legal education system current and future teachers requirement for all councils working in Scottish schools, to appoint a Chief Registration of including independent and Education Officer. They will practicing teachers grant aided schools, to be provide professional advice with General registered with the GTCS. to authorities on providing Teaching Council for Why is this change education services. This Scotland necessary? person will need to have suitable experience and What is this about? The compulsory GTCS qualifications. registration of all teachers The Act introduces changes will assure parents that The Scottish Government to the law which ensure that wherever their children will produce guidance on all practicing teachers in attend school, the the role and functions of a Scottish schools, including standards and quality of the Chief Education Officer to independent and grant teaching is regulated by a help education authorities aided schools are professional body. to do this. registered with the GTCS.

Why is this change How will the Act achieve necessary? this?

There are growing It is currently the case that ambitions within Scotland all teachers who work in

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Standard for Other amendments in school meal, should they Headship the Education wish to do this in future. qualification. (Scotland) Act 2016 Kinship Care

What is this? The Act also includes The Children and Young technical amendments on People (Scotland) Act 2014 This will allow Scottish two areas which already makes provision for early Ministers to set the exist in law. learning and childcare. It standards of education and has unintentionally training which prospective Free School Meals excluded a very small head teachers are required group of children from the to have before they can be Section 53 of the Education mandatory early learning appointed to the position. (Scotland) Act 1980 contains the law for school and childcare provisions - How will the Act do this? food in Scotland, including children aged 2 or over who the arrangements for free have, or who have had, a The Act will allow for school lunches. This has parent appointed guardian regulation making powers. been amended a number of who are not at risk of A consultation on draft times since 1980 and the becoming looked after. secondary legislation will 2016 Act 2016 will restate While statutory guidance follow the Act and these this to pull all those has been in place to ensure will require teachers to changes together and that no child was excluded, complete a qualification for clarify the law. The Act will the Act amends the law to headship before being also ensure that children address the unintentional appointed. who meet the free school exclusion. It will ensure lunch criteria, and who Why is this necessary? that all children aged 2 and receive their funded early over, who have or have had, High quality leadership is learning and childcare at a a parent appointed critical to the success of a partner provider setting, are guardian or guardian school. This will ensure that entitled to receive a free appointed guardian, will be new head teachers have all school lunch. It will also entitled to the mandatory the skills they need to allow Ministers to alter the amount of early learning undertake the role. time of day at which a child and childcare. in early learning and childcare can receive a free

If you would like any please contact Scottish [email protected] more information on the Government Central Education (Scotland) Act Enquires: 2016 0300 244 4000

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