This legislation stated that a child was considered to have SEN if they had a learning difficulty that required the provision of special education. It was intended to emphasis the relationship between the child and school. 

1980 Education Act (Scotland)

Parents were able to request assessments to identify if their child required special needs. If they did, children would receive a Record of Needs, which made them eligible for provisions such as Future Needs Assessments. An amendment made in 1981 gave parents further power to make a school placement for their children based on the Records. Parents' powerful lobbying abilities brought up concerns that they would be more economically and educationally advantaged to have the system work more in their favor.

Parental Authority in the Individual Needs Approach

Educational psychologists are able to use their professional and bureaucratic positions to determine which children have SEN and should receive the Record of Needs.

Professional Authority

The European Convention on Human Rights promoted inclusion so long as there was the provision of resources for efficient education and the avoidance of unreasonable expenditure. The standards in Scotland's schools dictated that children were placed in mainstream education unless incompatible with the child's abilities, or if it was deemed unreasonable expenditure.

Qualifications of the Individual Needs Approach

- Parents’ demands for resources
- Professional opinions
- Bureaucractic concerns (collaboration with local authorities)

Triangle Model of Tension Concerning Resource Allocation

Policies give parents powerful lobbying abilities and rights over appeals concerning their children's needs. While there were caveats, parents were given a decent amount of authority with the Education Act of 1980 and subsequent amendment in 1981. Power is also given to professionals, namely educational psychologists, who are able to use their professional and bureaucratic positions to determine which children have SEN and should receive the provisions. 

University of Notre Dame

Different typologies and models such as those of Kirp and Hill and Hupe were applied in the analysis of special needs education policies. From the Scottish perspective, there are three main approaches, that overlap and appear to all aim toward inclusion: individualized, systems, and anti-discrimination approaches.

Three Main Approaches to Special Needs Education (Scotland)

Tisdall, E. K., &amp; Riddell, S. (2006). Policies on special needs education: Competing strategies and discourses. European Journal of Special Needs Education, 21(4), 363–379. https://doi.org/10.1080/08856250600956154 

Policies on special needs education: Competing strategies and discourses.

Individual Needs Approach

Children were given greater rights over their own educational decisions and concerns. Though, policies still highlighted the dominance of bureaucratic and professional systems in decision-making and management. There is an emphasis on the duty of the local administration in particular to follow the instructions of the national authorities. 

Systems Approach

The anti-discrimination/civil rights approach focused on the legal framework and shifts focus away from the professional and bureaucratic dominion of law and towards legislation focused on upholding rights. Though, there still appears to be setbacks concerning case law's considerations of disability distinction.

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