The educational framework for supporting children and young people with additional needs in Scotland changed in November 2005 when the Education (Additional Support for Learning) (Scotland) Act 2004 came into force. The new Act introduces the wider concept of additional support needs and replaces the previous special educational needs system. Under the new law a child or young person is seen as having additional support needs if, for any reason, they would benefit from extra help with their learning. This could be because of any disability or long term medical condition, or if they have social, emotional or behavioural problems, are particularly gifted, have English as a second language, are being bullied or have experienced bereavement.
Education authorities in Scotland have a duty to identify and support all children over the age of 3 who would benefit from extra help with their learning. They must also provide support for children under 3 years of age if they have additional support needs because of a disability and have been referred by an NHS Board.
If you feel that your child may need help with their learning you can discuss your concerns with any professional who is already involved with your child, for example their class teacher or health visitor. You have the right to ask your education authority to carry out an assessment. Professionals working with your child may also request an assessment – they should discuss any concerns with you and involve you throughout. The assessment process may involve informal observations of your child by nursery staff and teachers or more formal assessments or examinations.
The way that your child’s additional support is planned and monitored will depend on his or her needs. Personal learning planning (PLP) should be used with all children who have additional support needs and involves teachers working with parents and children to set goals and review progress. For some children an individual educational programme (IEP) might be required. This may be used where there is significant adaptation of the curriculum or to help co-ordinate input from a social worker or health professional.
Pupils with long term, complex or multiple needs and who require significant additional support from other agencies such as health or social work will be entitled to a co-ordinated support plan (CSP). Unlike personal learning planning and the individual educational programme, this is a legal document which details the support your child needs and how it will be organised. It is intended to ensure better co-ordination of services from education and other agencies.
Parents should be fully involved in making decisions about their child’s additional support needs and it is hoped that disagreements will often be sorted out informally. However, if a solution cannot be reached there are a number of options available. Parents have a right to use free, independent mediation services at any time. Independent adjudication can be used when a dispute does not relate to a co-ordinated support plan. Issues concerning a co-ordinated support plan can be taken to the Additional Support Needs Tribunal. Parents are also entitled to bring a supporter or advocate with them to meetings.
Each education authority must publish information about additional support provision in their area including details of a named person who parents can contact for further information and advice.