The Education (Additional Support for Learning) (Scotland) Act 2004 (as amended in 2009)
The Education (Additional Support for Learning) (Scotland) Act 2004 (as amended in 2009) strengthens parental rights and places more duties on local authorities.
The amended 2009 Act permits parents of children with additional support needs and young people with additional support needs to make out of area placing requests. Their rights include the following.
Make a placing request to an independent or grant‐aided special school in Scotland as long as the establishment has agreed to accept the child as a pupil:
Receive from the Authority a response which should include details of whether the placing request has been accepted or refused and the reasons why. If the request has been refused, details of how the parent can appeal against this decision should also be enclosed. If there is no response within 2 months, the Authority is deemed by law to have refused the request.
A parent or young person is able to appeal to the Tribunal following the refusal of the Education Authority to an out of area placing request. This holds true for a child or young person who has a coordinated support plan, is being considered for a co‐ordinated plan, or in respect of whom the Education Authority have decided does not require a co‐ordinated support plan.
Where the placing request is to a special school in Scotland, England, Wales and Ireland, the decision to refuse the request will be referable to the Tribunal whether or not a co‐ordinated support plan is involved.