The Special Educational Needs and Disabilities Act 2001 places legal duties on nurseries, and primary and secondary schools in both the state and independent sectors not to discriminate against children with disabilities. From September 2002 educational establishments will have to have considered their policies to ensure that disabled children are not less favourably treated. This will involve making adjustments to services including admissions policies, teaching, canteen facilities, school trips and clubs.
The Disability Rights Commission (DRC) is responsible for monitoring the new Act and has produced a draft statutory code of practice. The charity Children in Scotland ran seminars on behalf of the DRC in Dundee, Edinburgh and Ayr last month for parents of disabled children and relevant voluntary organisations to provide further information on the code and get feedback.
Adam Gaines, DRC head of policy in Scotland, said, 'The Act is all about inclusion. There is already a lot of good practice in Scotland but the Act will cover the whole range of school life including the classroom and school visits. Therefore we feel it is very helpful.'
The Scottish Executive has also announced a new draft Bill to provide legislation in two areas of education - the duty to provide access for children with disabilities, and the rights of parents to have access to their children's school records. The duty to improve access for pupils with disabilities is a devolved matter and the Bill will bring forward in Scotland provisions already made for England and Wales. It will ensure that children with disabilities are given the same opportunities as others to achieve their full educational potential. Each education authority will have to produce a strategy on how to improve and develop access for disabled children.
Copies of the consultation paper on the Education (Disability Strategies and Pupil Records) (Scotland) Bill are being sent to all schools and local authorities and other interest groups. Copies can also be obtained from the Executive's education department on 0131 244 0284 or by e-mailing DS_PRBill@scotland.gsi.gov.uk.Responses to the consultation are due by 22 November.
The draft code of practice can be downloaded from www.drc-gb.orgor call the DRC helpline on 08457 622 633.
