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CHILDREN AND YOUNG PERSONS WITH SPECIAL EDUCATIONAL NEEDS

PURPOSE OF CIRCULAR

Objective

1. The main purpose of this Circular is to advise education authorities, and to inform others, about the statutory arrangements in Scotland for providing for children and young persons with special educational needs and, particularly, for the undertaking of assessments and the opening of Records of Needs. It takes account of experience gained since 1984, when important new arrangements for children with special educational needs, included in the Education (Scotland) Act 1981, which amended the Education (Scotland) Act 1980, came fully into effect (these Acts are referred to in the rest of this Circular respectively as the 1981 Act and the 1980 Act). It advises authorities on the implementation of subsequent legislative changes.

2. Although the Department is aware that, in the vast majority of instances where a Record is opened, the process is completed without difficulty, the need for a revised circular and guidance has become evident for other reasons. Various representations have been received from education authorities in instances where they feel the legislation and accompanying guidance are unclear and parents, young persons and their representatives have indicated, in some cases, that they have experienced particular difficulties in securing effective provision for special educational needs and in understanding precisely their rights in such circumstances. Local and national research projects and surveys, over the last few years, have also highlighted a number of difficulties and have led to various proposals for improvements in procedures. This Circular therefore seeks to encapsulate current guidance on assessment and recording and provide advice for those involved where difficulties arise.

3. Much of this Circular is given over to describing the processes and practices that should be followed in relation to the assessment of children and young persons who might require Records of Needs, and the opening, review and maintenance of the Records themselves. However, the principles, such as early identification of special educational needs and informing and involving parents, as well as much of the good practice that this Circular recommends, apply equally well to all children and young people with special educational needs and their families.

Potential Readership

4. The Circular is intended to inform and assist a wide range of readers. It will be of particular interest to all those working with children and young persons with special educational needs, or who are concerned with their well-being. This will include parents, policy-makers, teachers and educational psychologists and a range of other professionals who work in schools. Those involved in the multi-disciplinary identification and assessment of pupils with special educational needs should also find it useful. Additionally, however, we expect voluntary bodies and other organisations supportive of children and young persons with special educational needs and of their families to find the Circular to be of interest.

The Place of the Circular within an Information Strategy

5. This Circular will be an integral part of a package of guidance which is being issued by the Department, targeted at those concerned or connected with assessment and making provision for the special educational needs of children and young people.

The package comprises 4 related documents:

1. This Circular

Primarily for Education authorities and their staff.

2. A Manual of 'Essentials of Good Practice'

Primarily for professionals engaged in provision for special educational needs. (In preparation).

3. A Parents' Guide to Special Educational Needs

For Parents, Young Persons, and Named Persons as well as those teachers and professionals who encounter children with special educational needs but whose main professional activity is not exclusively devoted to them. (Issued 1992 revised 1993). (Available from SOEID).

4. Effective Provision for Special Educational Needs

HM Inspectors' view of provision made for special educational needs by education authorities for all interested in making educational provision for pupils with learning difficulties. (Published 1994). (Available from SOEID).

6. This Circular replaces the sections covering Special Educational Needs in SED circulars 1074(1981), 1080(1982), 1083(1982), 1087(1982), 1167(1988), 5/90 and 13/90.

Glossary and Annexes

7. This Circular contains the following Annexes:

ANNEX 1 Glossary of some terms and expressions used in this Circular.
ANNEX 2 Advice on special educational needs: suggested checklist.
ANNEX 3 the Record of Needs: layout as prescribed in the Schedule to the Education (Record of Needs) (Scotland) Regulations 1982.
ANNEX 4 Bibliography.

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