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Section 6 - Children with Special Educational Needs
Please be aware that under proposals for new legislation this section of the guidance is likely to alter. The Education (Additional Support for Learning) (Scotland) Bill, which replaces the system for the assessment and recording of special educational needs is currently being considered by the Scottish Parliament. However, until the Bill is commenced after enactment, the current system, as described above, remains in place.
6.1 Parents' right to educate their child at home applies equally where that child has special educational needs. Some children with special educational needs have a Record of Needs, but others do not. The fact that a child has special educational needs should not, in itself, be a reason to refuse an application to educate at home. Additional considerations do, however, apply. It is reasonable for an education authority to ask parents to indicate how they propose to cater for their child's special educational needs at home.
6.2 When considering an application for consent, or considering whether the education is suitable for the child, taking account of his or her age, ability and aptitude, the authority may need to consider the environment in which the child is to be educated in relation to the individual child. With the agreement of the parents, an educational psychologist might be involved in assessing the proposed provision for a child with special educational needs.
6.3 Under Section 60(2) of the Education (Scotland) Act 1980 (as amended), a child who has pronounced, specific or complex special educational needs which require continuing review requires a Record of Needs to be opened and kept. A Record of Needs will usually nominate the school that the child concerned should attend - the basis of the nomination being that the education authority believes that school has the expertise and resources to meet the child's needs. However, home education is not precluded where there is a Record of Needs, and there should be discussion between the authority and the parents, with a view to drafting the Record appropriately.
6.4 Education authorities have no statutory obligation to provide financial or other support for children with special educational needs who are educated at home. However if the authority specifies measures in a Record of Needs with the stipulation that they must be effected in the home then the authority would be expected to take a reasonable approach to ensure an efficient education.
6.5 In the case of Recorded children, education authorities must keep under consideration the child's Record of Needs. The child's parents can specifically request the authority to carry out a review of their child's Record, so long as this is not within a year of a previous review. Under section 65A of the Education (Scotland) Act 1980 (as amended), authorities have a duty to review a child's Record to determine whether it continues to be appropriate. This duty also applies in the case of children who are being educated at home. Once home-based education has begun, the child's parents and the authority may agree that it is no longer necessary for a Record to be maintained or that the information in the Record should be changed. Where the Record remains open, the child's parents continue to have responsibility for the education provided. In addition, the authority continues to have a legal duty to satisfy themselves that the education the child is receiving is suitable, taking account of those needs.
6.6 For each child with a Record of Needs, the education authority must consider and make a report on what provision would benefit that child after he or she ceases to be of school age. However, before they may do that, they must comply with the requirements for assessment of the child, and request an opinion from Social Work Services as to whether that child may have a disability. This Future Needs Assessment should take place at some point between the age of 14 and 15 years 3 months.
6.7 Information for parents on the proposals within the Education (Additional Support for Learning) (Scotland) Bill is available at http://www.scotland.gov.uk/library5/education/agfp-00.asp . Advice and information about what the Bill proposes is also available from Enquire on 0845 123 2303. The Enquire service is funded by the Scottish Executive to provide independent advice on additional support for learning and special educational needs.
A report of the consultation on the draft Bill is available at http://www.scotland.gov.uk/library5/education/rcasl-00.asp and information for practitioners is available from http://www.scotland.gov.uk/library5/education/aslbsh-00.asp. For hard copies of all of these documents, and copies of the parents leaflet in alternative formats please contact Elaine Lane on 0131 244 1589.
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