From 1 April 2004, the Education (Additional support for Learning) Bill replaces the current system for assessing children and young people with special educational needs, and implements the wider term of 'additional support needs'.
Education and young people minister Peter Peacock said, 'Our Additional Support for Learning Bill enables children and young people to make the most of their abilities by delivering the support they need when they need it.'
Under the new law, education authorities have a duty to identify all pupils with additional support needs and to work with other agencies such as health and social services to deliver support. This includes children aged three to five in local authority nurseries or in private nurseries run in partnership with local authorities. Parents of a child with 'additional support needs' will also be able to make a placing request to change their child's nursery.
Jane Hook, who represented the Scottish Pre-school Play Association on the Executive's advisory group, said, 'We're not sure at the moment how things will work in practice.' She said there were 'grey areas' about how settings would access extra support.
Additional support needs include a range of factors that might impact on an individual's learning, for example if the child was being bullied, had behavioural difficulties or was at risk.
Another key feature is the introduction of a Co-ordinated Support Plan (CSP) for children with long-term complex and multiple needs, who need support from other agencies and services beyond what the local education authority can give them. This replaces the Record of Needs system. The CSP will be reviewed annually, but parents can ask to have this reviewed more often.
Other changes include a requirement for education authorities to provide a free mediation service for parents in the case of disputes, and independent tribunals to hear appeals relating to CSPs.
Shelley Gray, policy officer for Children in Scotland, said, 'Generally we're very positive about the Bill. There's a lot in it to try to make it easier for parents.'
A spokeswoman from the National Deaf Children's Society said the charity hoped the Bill would make a big difference to the lives of deaf children by bringing in a Code of Practice for the first time. She added, 'Importantly, it focuses on joined-up working between professionals, which is vitally important for deaf children of nursery age.
'It is in the early years that teachers, social workers, audiologists and all those involved need to work most closely together with the family at the centre. This issue has been thrown into sharp relief now that newborn hearing screening means babies can be diagnosed as deaf within weeks of birth.'
Shabnum Mustapha, policy and campaigns officer for the National Autistic Society (Scotland), said, 'We welcome aspects of the Bill, but we still do have concerns about children with autism.' She said some parents feared children with Asperger's syndrome might lose out on support from other services, because they might be less likely to qualify for a CSP, despite having complex and multiple needs.
The new system is not expected to start until next year. The current system, including the Record of Needs, will stay in place until then.