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Legislation
Under the Education (Scotland) Act 1980, education is the responsibility of local authorities. Education should be flexible and fit individual needs. learning should be appropriate for age, ability, and aptitude. It should also support the personality and talents of the individual.
Important legislation for Scottish education
The Education (Scotland) Act 1980
The Education (Scotland) Act 1980 describes the role of Education Authorities. It also outlines the rights and duties of parents.
United Nations Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child came into UK law in 1992. It is an international statement Children's rights.
Standards in Scotland's Schools Act 2000
The Standards in Scotland’s Schools etc. Act 2000 is about the provision of school education. This describes the duty of the education authority in ensuring children's rights.
Children and Young People (Scotland) Act 2014
The Children and Young People (Scotland) Act 2014 concerns support for children and young people. It covers adoption, children's hearings, detention in secure accommodation, and consultation on certain proposals in relation to schools.
The Equality Act 2010
The Equality Act 2010 concerns removing discrimination in schools and education authorities. Particularly for pupils with protected characteristics including disabilities, sexual orientation and ethnicity. This includes admission to school, provision of education, access to a benefit, facility or service, and exclusion.
Schools and education authorities must not treat disabled pupils less favourably. They must take reasonable steps to avoid putting pupils at a disadvantage. Since September 2012, schools (including independent schools) must make reasonable adjustments.
Education (Scotland) Act 2016
The Education (Scotland) Act 2016 calls for educators to consider socio-economic barriers to learning. It includes the rights of children aged 12 and over under the Additional Support for Learning Act. Children who are able may act on their own behalf to influence decision making about them.
Legislation for Gaelic Education
The Education (Scotland) Act 2016 contains provisions on Gaelic Education. These include placing a duty on education authorities to promote and support Gaelic Medium Education (GME) and Gaelic Learner Education (GLE). The Education (Scotland) Act 2016 establishes a process by which parents can request Gaelic Medium Primary Education (GMPE) from their education authority.
Statutory Guidance has been issued under Section 9 of the Gaelic Language (Scotland) Act 2005. It consists of two parts. Part 1 provides Guidance specifically relating to the Education (Scotland) Act 2016. Part 2 provides Guidance on GME and GLE in schools.
The Requirements for Community Learning and Development (Scotland) Regulations 2013
The Requirements for Community Learning and Development (Scotland) Regulations 2013 place a duty on every local authority in Scotland to secure and co-ordinate the provision of community learning and development (CLD) in their area.
Documents relating to CLD Regulations in Scotland
Minister's letter on CLD Regulations 2013 (PDF)
Guidance for local authorities on CLD regulations (PDF)
Frequently Asked Questions on CLD regulations (PDF)
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