Additional Support for Learning Act 2004: transitional arrangements consultation, 11/05/05 [S]

Consultation published by the Executive on the provisions set out in section 30 that address the transition from the current system to the new one for children and young people who had a Record of Needs immediately prior to the commencement of the Act.

Consultation period: 11/05/05 to 3/08/05The Education (Additional Support for Learning) (Scotland) Act 2004 sets out new duties for local authorities and other agencies with regards to children and young people who need additional support for learning. With the new legislation education authorities will no longer have duties with regards to Records of Needs.

The guidance provides information on the legislation with regards to children and young people with Records of Needs on commencement of the Act. This includes information on the co-ordinated support plan, what will happen when there are changes in a child's additional support needs, and guidance on monitoring and appeals.

In particular the Act specifies that education authorities must, within 2 years, establish whether children and young people, who, immediately before the commencement date had a Record of Needs, require a co-ordinated support plan.

Section 30 also provides that all children and young people who, at commencement of the Act, have a Record of Needs are deemed to have additional support needs. Therefore, all provisions of the Act where they refer to children with additional support needs will apply to those children and their parents.

The document specifically asks for comments on the following:

Q1.Do you think that we should legislate to the effect that would preserve the Record of Needs for reference purposes?

Q2. If you think that we should legislate on this issue, do you think that 5 years is the correct length of time, or is some other timescale more realistic?

Q3. Any other comments?


Responses should be submitted by 3 August 2005 to:

Elaine Lane
Scottish Executive Education Department
Additional Support Needs Division
Area 3B (North)
Victoria Quay
EDINBURGH
EH6 6QQ
Email: aslact@scotland.gsi.gov.uk


The consultation document,
Education (Additional Support for Learning) (Scotland) Act 2004: Transitional Arrangements Consultation Paper: Additional Support Needs 08, along with the response booklet is available on the Scottish Executive website.

Further Information

1. Education (Additional Support for Learning) (Scotland) Bill (as passed)
2. Additional Support for Learning Act 2004: transitional arrangements consultation 8
3. Additional Support for Learning Act 2004: consultation response book

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