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CHILDREN AND YOUNG PERSONS WITH SPECIAL EDUCATIONAL NEEDS

ANNEX 1 GLOSSARY OF TERMS USED

The explanations given in this Annex relate to terms used in the Circular. In the case of terms used in legislation these explanations are simplified and, where required, reference should be made to the full legal definitions in the relevant legislation referred to.

Assessment: a procedure to establish whether or not a child or young person has a learning difficulty giving rise to special educational needs, or to determine the nature and extent of such needs (the statutory process of observation and assessment related to recording is set out in section 61 of the 1980 Act).

Belonging to the area (of a local authority): see paragraph 17 of this Circular for an explanation of this term.

Case conference: a term used to describe a meeting of professionals involved in assessing whether or not a child or young person has special educational needs, and the nature and extent of such needs, which will also, usually, be attended by parents.

Child: a person who is not over school age (generally 16 years - see the explanation of school age below (section 135(l) of the 1980 Act).

The Department: The Scottish Office Education and Industry Department.

Disclosure of a Record of Needs: the showing or giving of access to a Record of Needs to any person other than the parent of the child whose record it is or the young person whose record it is, or his parent, as the case may be (regulation 7 of the Education (Record of Needs) (Scotland) Regulations 1982).

Discontinuance of a Record of Needs: action taken by an education authority so that a Record of Needs ceases to have effect (regulation 9 of the Education (Record of Needs) (Scotland) Regulations 1982).

Education Authority Appeal Committee: a Committee set up by an education authority under section 28D of the 1980 Act to receive appeals against decisions concerning recording children and young persons.

Education Authority Psychological Service: a service, largely staffed by educational psychologists, which must by law be provided by every education authority for its area, with functions including the study of children with special educational needs and giving advice to parents and teachers as to appropriate methods of education for such children (section 4 of the 1980 Act).

The 1980 Act: the Education (Scotland) Act 1980, as amended, which contains most of the Scottish legislation concerning special educational needs (see paragraph 8).

The 11981 Act: the Education (Scotland) Act 1981.

The 1986 Act: the Disabled Persons (Services, Consultation and Representation) Act 1986, as amended

The 1989 Act: the Self-Governing Schools etc. (Scotland) Act 1989, as amended.

Future Needs Assessment: an assessment carried out under section 65B of the 1980 Act to identify the future educational needs of a child nearing the upper limit of school age.

Grant-aided special school: a special school in receipt of grant funding from The Scottish Office. At the present time there are 7 such schools, 6 of which are residential (section 135(l) of the 1980 Act).

Independent special school: a special school providing full-time education for 5 or more pupils of school age which is not a school under the management of an education authority, a self-governing school or a grant-aided school (section 135(l) of the 1980 Act).

Individualised Educational Programme (IEP) IEPs are plans, usually written, which outline the steps to be taken to achieve specified curricular targets. They will contain succinct statements of educational aims, and a list of goals to be attained with indications of: expected time scales; approaches to learning and teaching; arrangements for assessment and recording of attainment; staff involved; resources; learning contexts; and involvement of parents. Further guidance on the contents of an 1EP is contained in Effective provision for Special Educational Needs (document number 4.1n the list of documents set out at paragraph 5).

Mainstream, School: a school which provides primary or secondary education, or both, which is not a special school.

Medical Assessment: a medical assessment (which may involve a medical examination), carried out as part of an assessment under section 61 of the 1980 Act undertaken to establish whether an education authority is under a duty to open a Record of Needs in respect of a child or young person.

Modification of a Record of Needs: a change or amendment to the information relating to special educational needs contained in a Record of Needs (regulation 6 of the Education (Record of Needs) (Scotland) Regulations 1982).

Named Person: a person specified in a Record of Needs who is available to assist parents or young persons with advice or information about the child's or young person's special educational needs, including what is set out in the Record of Needs. While the Named Person should be able to participate in, and help parents with, all aspects of the Record of Needs, the Named Person has no formal role in the provision of education for the child or young person concerned (section 62(2)(c) of the 1980 Act and regulation 2(l) of the Education (Record of Needs) (Scotland) Regulations 1982) (see paragraph 121).

Nominated School: the school to be attended by a recorded child or young person which is specified in Part VI of a Record of Needs (section 651)(2)(d) of the 1980 Act).

Parents: for the purposes of the 1980 Act the term "parent" includes natural and legal parents as well as a guardian and any person who is liable to maintain or has actual custody of a child or young person (section 135(l) of the 1980 Act). Accordingly in certain circumstances public authorities, voluntary bodies, foster parents etc. may be a parent. (The Children (Scotland) Act 1995 (section 105(4) and Schedule 4, paragraph 28(5)) will amend the meaning of the term "parent " for the purposes of the 1980 Act to refer to a person who has parental responsibilities (within the meaning of section 1(3) of the 1995 Act) in relation to a child or young person or who has the care of a child or young person, instead of the current reference to a person who has actual custody of the child or young person. This is consequential on the creation of the concept of parental responsibilities by the 1995 Act, and is expected to be brought into force in April 1997).

Preservation of a Record of Needs: the retention, prior to destruction, of a Record which has been discontinued (regulation 9 of the Education (Record of Needs) (Scotland) Regulations 1982).

Review of Progress: a review of a pupil's progress in terms of his or her achievement of goals that are integral to his or her educational programme.

Review of Record of Needs: the statutory process for the formal review of a child's or young person's Record of Needs (section 65A of the 1980 Act).

School age: Section 31 of the 1980 Act determines generally that a person is of school age if he or she has attained the age of 5 and has not attained the age of 16. However section 32 of the Act qualifies this to the effect that those who are 5 before a particular date in any school year (in practice generally 1 February in that year) are deemed to have reached the age of 5 for the purposes of the 1980 Act, before their fifth birthday; so some children become of school age at 41/2 years of age. A child ceases to be of school age for the purposes of the 1980 Act and so becomes a young person for the purposes of that Act, generally on reaching 16. However section 33 of the 1980 Act qualifies this, determining that there shall be only 2 leaving dates in any school year, in May and December, and that all children will be deemed to have reached their 16th birthday on one of these dates. Section 33 also determines at which of these dates any particular child will be deemed to have reached 16 years of age for the purposes of the 1980 Act. Therefore most children will be over 16 when they cease to be of school age.

Service Children's Education (SCE): SCE is the Agency which oversees the education of UK service children abroad. It is funded by the Ministry of Defence and operates its own schools as well as providing advice to parents on SCE and UK schools.

Special educational needs: see paragraphs 9.1 - 9.3 for a discussion of this term.

Special School: a school, or special class forming part of a primary school or secondary school, which makes provision wholly or mainly for children with Records of Needs (section 135(l) of the 1980 Act).

Specified school: a school identified in a placing request by a parent, or, as appropriate, a young person which the parent wishes his or her son or daughter to attend, or the young person wishes to attend.

Transfer of a Record of Needs: the passing of a Record of Needs from one education authority to another in circumstances where a recorded child or recorded young person moves into the area of a different education authority (regulation 5 of the Education (Record of Needs) (Scotland) Regulations 1982).

Young person: a person over school age (see above) who is not yet 18 years of age.

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