Acts of the Scottish Parliament

2002 asp 12

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 28th March 2002 and received Royal Assent on 30th April 2002

An Act of the Scottish Parliament to require bodies responsible for schools to prepare and implement strategies relating to the accessibility, for pupils with a disability, of school education; and to make provision in respect of the educational records of school pupils.

(a) an accessibility strategy; and

(b) at such times as may by regulations be prescribed, further such strategies,

(a) increasing the extent to which pupils with a disability can participate in the school's curriculum or, as the case may be, the schools' curriculums;

(b) improving the physical environment of the school, or schools, in relation to which the strategy is prepared for the purpose of increasing the extent to which pupils with a disability are able to take advantage of education and associated services provided or offered by such school or schools; and

(c) improving communication with pupils with a disability and, in particular, improving the communication to pupils with a disability-

(i) within a reasonable time; and

(ii) in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents,

of information which is provided in writing for pupils, or persons who may be admitted as pupils, who do not have a disability.

(a) education; or

(b) an associated service.

(a) increasing the extent to which pupils with a disability can participate in the school education provided at that place or those places;

(b) improving the physical environment of the place, or places, in relation to which the strategy is prepared for the purpose of increasing the extent to which pupils with a disability are able to take advantage of education and associated services provided or offered at such place or places; and

(c) improving communication with pupils with a disability and, in particular, improving the communication to pupils with a disability-

(i) within a reasonable time; and

(ii) in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents,

of information which is provided in writing for pupils, or persons who may be admitted as pupils, who do not have a disability.

(a) who are under school age; or

(b) who are of school age and are travelling people.

(a) have regard to the need to allocate adequate resources for implementing the strategy;

(b) consult such children, parents and young persons as they think fit; and

(c) have regard to any guidance issued by the Scottish Ministers as to-

(i) the content of an accessibility strategy;

(ii) the form in which it is to be produced; and

(iii) the persons to be consulted in its preparation.

(a) as soon as they have prepared an accessibility strategy, provide the Scottish Ministers with a copy of it; and

(b) on being so required by the Scottish Ministers at any time after the body have revised their accessibility strategy, provide them with a copy of the strategy as revised.

(a) make a copy of their accessibility strategy available for inspection at such reasonable times as they may determine; and

(b) subject to subsection (6) below, make the information in their accessibility strategy available in any alternative form stipulated by the person requesting it.

(a) define "educational records" for the purposes of the regulations;

(b) provide as to the supply of copies of such of those records to such persons, and in such circumstances, as may be determined by or under the regulations; and

(c) authorise persons who supply those copies to charge such fees as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.

"the 1980 Act" means the Education (Scotland) Act 1980 (c.44);

"pupil with a disability" means a person who has a disability for the purposes of the Disability Discrimination Act 1995 (c.50) who-

(a) is a pupil;

(b) may be admitted to a school as a pupil; or

(c) being a child who is under school age, may be provided with school education at a place other than a school; and

"responsible body" means-

(a) in relation to a school which is managed by an education authority, the education authority;

(b) in relation to an independent school, the proprietor;

(c) in relation to a school in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the 1980 Act, the managers of the school; and

(d) in relation to a self-governing school, the board of management.