Education (Scotland) Act 2016 Explanatory Notes

1. Introduction

2. The Act

   1. Summary and background

3. Commentary on Sections

   1. Part 1: School Education

      1. Section 1: Pupils experiencing inequalities of outcome

      2. Section 2: National Improvement Framework

      3. Section 3: Plans and reports

      4. Section 4: Guidance

      5. Section 5: Duties in relation to promotion of health

      6. Section 6: Parental involvement

   2. Part 2: Gaelic Medium Education

      1. Assessments: primary education

         1. Section 7: Assessment requests

         2. Section 8: GMPE assessment areas

         3. Section 9: Initial assessments

         4. Section 10: Duties of education authority

         5. Section 11: Requests that need not be considered

         6. Section 12: Full assessments

         7. Section 13: Procedure following full assessment

      2. Early learning and childcare

         1. Section 14: Power to extend Part to early learning and childcare

      3. Promotion, support and guidance

         1. Section 15: Duty to promote and support Gaelic medium education and learning

         2. Section 16: Guidance

      4. Definitions: other Acts

         1. Section 17: Meaning of “Gaelic education” and “Gaelic medium education”

      5. Interpretation of Part 2

         1. Section 18: Interpretation of Part 2

   3. Part 3: Miscellaneous

      1. Section 19: Additional support for learning

         1. New section 3: Children and young persons: capacity

         2. New section 3A: Children: assessment of capacity, etc.

         3. New section 3B: Assessment of wellbeing

         4. New section 3C: Rights of parents of children aged 12 or over

         5. Amendment of section 6: children and young persons for whom education authority is responsible

         6. Amendment of section 7: children and young persons for whose school education an education authority is not responsible

         7. Amendment of section 8: assessments and examinations

         8. Amendments of section 8A: assessments and examinations: further provision

         9. Amendments of section 9: duty to prepare co-ordinated support plans

         10. Amendments of section 10: reviews of co-ordinated support plans

         11. Amendments of section 11: co-ordinated support plans: further provision

         12. Amendment of section 12: duties to seek and take account of information

         13. Amendment of section 13: provision of information etc. on occurrence of certain events

         14. Amendment of section 14: supporters and advocacy

         15. Amendment of section 15: mediation services

         16. Amendment of section 16: dispute resolution

         17. Amendment of section 18: references to Tribunal

         18. Amendment of section 19: powers of Tribunal in relation to reference

         19. Amendment of section 26: publication of information by education authority

         20. Amendment of section 27: code of practice and directions

         21. Amendment of section 27A: collection of data on additional support needs

         22. Amendment of section 29: interpretation

         23. Amendment of section 31: duty to inform in writing or alternative permanent form

         24. Section 31A: Provision of support service

         25. Orders, regulations and rules

         26. Amendment of schedule 1: Additional Support Needs Tribunal for Scotland

      2. Section 20: Children unable to attend early learning and childcare

      3. Section 21: Learning hours

      4. Section 22: Provision of school meals

      5. Section 23: Clothing grants

      6. Section 24: Enforcement of statutory duties

      7. Section 25: Appointment of Chief Education Officer

      8. Section 26: Registration of independent schools

      9. Section 27: Employment of teachers in grant-aided schools

      10. Section 28: Head teachers: education and training standards

          1. Section 90A: Head teachers: education and training standards

          2. Section 98DA: Head teachers: education and training standards

      11. Section 29: Provision of early learning and childcare: children with guardians

   4. Part 4: General

      1. Section 31: Regulations

      2. Section 32: Ancillary provision

      3. Section 33: Commencement

4. Parliamentary History