Education legislation

Education (Scotland) Act 2016

This Act supports a range of improvements to Scottish education including: improving the attainment of pupils from poorer backgrounds; widening access to gaelic medium education; giving children a voice in matters that affect them; and extending the rights of children with additional support needs. View the Education (Scotland)Act 2016 here.

The Education (School and Placing Information) (Scotland) Regulations 2012

These Regulations consolidate the Education (School and Placing Information) (Scotland) Regulations 1982 and make amendments. There are new provisions relating to the School Handbook such as a duty on local authorities to make the School Handbook available online. The new Regulations came into force on the 8th December 2012. View The Education (School and Placing Information) (Scotland) Regulations 2012 here.

Education (Additional Support for Learning) (Scotland) Act 2004, as amended

This Act provides a framework for local authorities and other agencies to support all children with their learning. It came into force in November 2005. It introduced the concept of additional support needs, gave parents and pupils new rights and placed duties on local authorities and other agencies. It also set in place the processes for resolving differences for families and authorities – mediation, dispute resolution and the Additional Support Needs Tribunal. View the Education (Additional Support for Learning) (Scotland) Act 2004 in full.

The Act was amended in 2009 and the Education (Additional Support for Learning) (Scotland) Act 2009 came into force in November 2010.

Schools (Health Promotion and Nutrition) (Scotland) Act 2007

The 2007 Act places education authorities under a duty to ensure that all schools are health promoting. A school is health promoting if it provides activities and an environment and facilities which promote the physical, social, mental and emotional health and wellbeing of pupils. View the Schools (Health Promotion and Nutrition) (Scotland) Act 2007 in full.

Scottish Schools (Parental Involvement) Act 2006

The Scottish Schools (Parental Involvement) Act 2006 aims to make it easier for parents to become involved in their own child’s education and in their child’s school more generally. View Scottish Schools (Parental Involvement) Act 2006 in full.

Education (Disability Strategies and Pupils’ Educational Records) (Scotland) Act 2002

This Act sets out the duties on education authorities, schools and other responsible bodies  to plan for the needs of disabled pupils, to ensure access to the curriculum, physical environment of schools and school information. View the Education (Disability Strategies and Pupils’ Educational Records) (Scotland) Act 2002 in full.

Guidance on preparing accessibility strategies is available on the Scottish Government website.

Standards in Scotland’s Schools etc. Act 2000

This Act sets out the rights of children to school education (including children who cannot attend school because of ill-health) and the related duties of education authorities. The Act introduced the policy of ‘presumption of mainstreaming’,  i.e. that all children will be expected to attend mainstream school unless certain circumstances apply. View the Standards in Scotland’s Schools etc. Act 2000 in full.

Guidance on implementing presumption of mainstreaming is available on the Scottish Government website.

Education (Scotland) Act 1980

This Act sets out the basic legal framework for the provision of education in Scotland including the duties of local authorities and rights of parents. View the Education (Scotland) Act 1980 in full.

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