Education (Additional Support for Learning) (Scotland) Bill 1st Marshalled List of Amendments for Stage 2 The Bill will be considered in the following order— Sections 1 to 12 Schedule 1 Sections 13 to 18 Schedule 2 Sections 19 to 26 Schedule 3 Sections 27 and 28 Long Title Amendments marked * are new (including manuscript amendments) or have been altered. Before section 1 Mr Adam Ingram 154 Before section 1, insert— <Statement of principles (1) It is the duty of every education authority to— (a) take account of, (b) identify, (c) plan for, and (d) make adequate provision for, the support needs of all children and young people who face barriers to education, and to provide adequate support for learning for such children and young people. (2) The references to barriers to education in subsection (1) includes references to— (a) social factors, (b) cognitive factors, (c) linguistic factors, (d) disability, or (e) family or care circumstances. (3) Such support for learning must, as far as possible, be provided in a way that promotes— (a) social integration and participation, (b) continuity of support for the child or young person, (c) effective transition to the post-school environment, (d) co-ordination between agencies, and (e) partnership with— (i) the child or young person, and (ii) the parent of the child or young person. SP Bill 11-ML1 1 Session 2 (2004) (4) Such support for learning should be of an equivalent standard for all children facing similar barriers to education in terms of— (a) duration, (b) intensity, (c) breadth, and (d) coherence of— (i) curriculum, (ii) extra-curricular activities, (iii) recording or attainment, and (iv) encouragement of pupil and parent participation. Section 1 Lord James Douglas-Hamilton 155 In section 1, page 1, line 14, leave out <prescribed pre-school child> and insert <child under school age but aged two years or over> Lord James Douglas-Hamilton 156 In section 1, page 1, leave out lines 20 and 21 Section 2 Lord James Douglas-Hamilton 1 In section 2, page 1, line 24, leave out <co-ordinated> Fiona Hyslop 157 In section 2, page 2, line 3, leave out <continue for more than a year> and insert <have a continuing and sustained impact> Fiona Hyslop 158 In section 2, page 2, line 4, leave out <significant> Lord James Douglas-Hamilton 2 In section 2, page 2, line 4, at end insert— <( ) by the education authority in the exercise of their functions relating to education,> Fiona Hyslop 54 In section 2, page 2, line 4, at end insert— <( ) by the education authority,> 2 Fiona Hyslop 55 In section 2, page 2, line 6, after <education,> insert— <( ) by one or more appropriate agencies (within the meaning of section 19(2)),> Donald Gorrie Supported by: Lord James Douglas-Hamilton 110 In section 2, page 2, line 6, leave out <or> Donald Gorrie Supported by: Lord James Douglas-Hamilton 111 In section 2, page 2, line 6, leave out <or> and insert <and> Ms Rosemary Byrne 112 In section 2, page 2, leave out lines 7 and 8 Fiona Hyslop 97 In section 2, page 2, line 8, at end insert— <or if— ( ) an education authority are responsible for the school education of the child or young person, and ( ) the child or young person has a Record of Needs in terms of section 60 of the 1980 Act at the time of this Act coming into force.> Fiona Hyslop 159 In section 2, page 2, line 10, leave out <a significant> and insert <an> Fiona Hyslop 160 In section 2, page 2, line 11, after <education> insert <, or other development,> Fiona Hyslop 161 In section 2, page 2, line 14, leave out <a significant> and insert <an> Fiona Hyslop 162 In section 2, page 2, line 15, after <education> insert <, or other development,> Before section 3 Euan Robson 63 Before section 3, insert— 3 <Duties of education authority in relation to children and young persons for whom they are responsible (1) Every education authority must— 5 (a) in relation to each child and young person having additional support needs for whose school education the authority are responsible, make adequate and efficient provision for such additional support as is required by that child or young person, and (b) make such arrangements as they consider appropriate for keeping under 10 consideration— (i) the additional support needs of, and (ii) the adequacy of the additional support provided for, each such child and young person. (2) Subsection (1)(a) does not require an education authority to do anything which— 15 (a) they do not otherwise have power to do, or (b) would result in unreasonable public expenditure being incurred.> Fiona Hyslop 63B As an amendment to amendment 63, line 6, after <responsible> insert— <( ) each child over two years who has not yet attained school age having additional support needs and belonging to the area of the education authority,> Mr Kenneth Macintosh 63C As an amendment to amendment 63, line 9, leave out <they consider> and insert <are reasonably> Scott Barrie 63A As an amendment to amendment 63, in line 16, at end insert <, which circumstance shall be presumed to arise only exceptionally> Ms Rosemary Byrne 63D As an amendment to amendment 63, line 16, at end insert <which would not ordinarily be incurred, which circumstance shall be presumed to arise only exceptionally> Section 3 Fiona Hyslop 98 In section 3, page 2, line 21, after <needs,> insert <whether or not those needs require the provision of a plan under section 2,> 4 Ms Rosemary Byrne Supported by: Lord James Douglas-Hamilton 113 In section 3, page 2, line 21, after <needs,> insert— <( ) the best interests of such children and young people, > Euan Robson 64 In section 3, page 2, line 21, leave out from <and> to end of line 34 Lord James Douglas-Hamilton 3 In section 3, page 2, line 23, leave out <by> and insert <to secure that the education is directed to the development to the fullest potential of the personality, talents and mental and physical abilities of> Lord James Douglas-Hamilton 4 In section 3, page 2, line 27, leave out from <or> to end of line 28 Fiona Hyslop 49 In section 3, page 2, leave out line 28 and insert— <( ) would result in unreasonable public expenditure being incurred which would not ordinarily be incurred.> Ms Rosemary Byrne 163 In section 3, page 2, leave out line 28 and insert— <( ) would result in unreasonable public expenditure being incurred that would not ordinarily be incurred, which circumstance shall be presumed to arise only exceptionally> Robert Brown Supported by: Lord James Douglas-Hamilton 114 In section 3, page 2, line 33, after <adequacy> insert <and effectiveness> Euan Robson 65 In section 3, page 2, line 34, at end insert— <(3A) Every education authority must, subject to subsection (3B), provide such additional support as they consider appropriate for each child— (a) under school age (other than a prescribed pre-school child), 5 (b) belonging to the authority’s area, and (c) who has additional support needs arising from a disability (within the meaning of the Disability Discrimination Act 1995 (c.50)) which the child has. 5 (3B) The duty in subsection (3A) applies only where the authority has established, in pursuance of section 5(7) of this Act, that the child has the additional support needs 10 referred to in subsection (3A)(c) following the child having been brought to the authority’s attention as having or appearing to have such needs by a Health Board.> Robert Brown 65A As an amendment to amendment 65, line 3, leave out <they consider> and insert <is> Fiona Hyslop 65C As an amendment to amendment 65, line 4, leave out <(other than a prescribed pre-school child)> Robert Brown 65B As an amendment to amendment 65, line 11, at end insert <, voluntary sector organisation, or parent or relative of the child> Euan Robson 66 In section 3, page 2, line 35, leave out from <, so> to first <of> in line 37 and insert <provide such additional support as they consider appropriate for> Robert Brown 115 In section 3, page 2, line 35, leave out from <, so> to first <of> in line 37 and insert <provide such additional support as is appropriate for> Euan Robson 67 In section 3, page 2, line 37, after <children> insert <(other than children to whom the education authority have a duty under subsection (3A))> Mr Adam Ingram 164 In section 3, page 2, line 39, at end insert— <( ) Each— (a) education authority, in drawing up or reviewing their educational improvement objectives, and (b) headteacher, in drawing up or reviewing a school developmental plan, must take into account the support for learning required by children and young persons who have one or more barriers to education.> Section 4 Lord James Douglas-Hamilton 5 In section 4, page 3, line 8, leave out <co-ordinated> 6 Fiona Hyslop 99 In section 4, page 3, line 11, at end insert— <( ) The arrangements referred to in subsection (1) must include provision for a statement to be made indicating what, if any, additional support needs each child or young person has.> Euan Robson 68 In section 4, page 3, line 13, leave out from <complying> to <request> Lord James Douglas-Hamilton 6 In section 4, page 3, line 16, leave out <co-ordinated> Lord James Douglas-Hamilton 7 In section 4, page 3, line 18, leave out <they consider the request to be> and insert <the request is> Lord James Douglas-Hamilton 116 In section 4, page 3, line 18, at end insert— <( ) In deciding whether or not a request under subsection (2) is unreasonable, an education authority must take into account the written findings of any process of assessment or examination for the purpose of ascertaining whether the child or young person— (a) has additional