1980 Act stated the need for the local government to secure adequate school education of children in their area. Standards in Scotland’s Schools, added to that, stating that children should have the right to be educated at their local schools, with the school needing to work to developing the child to its fullest potential. Children were also given greater rights, with the 2000 Act giving them consideration in terms of educational decision-making. (ex. Children under 16 considered legally competent can appeal for themselves.)

Children's Rights in the Systems Approach

This legislation stared the duty for local authorities to anticipate SEN, rather than only making decisions when needed.

Education Act 2002 (DSPER)

Tensions lie in the line of power, as local authorities must meet the standards laid out by the national authorities for fear of losing funding and support. The two main measures of met requirements are: reduced loss of class days due to school exclusion and Record of Needs. The Scottish Executive has been reluctant to hold local authorities accountable, however, which has led to the abolishment of the above requirements. While this action provides freedom for local authorities, this also indicates lower accountability. 

Local vs. National Authorities

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. 

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.

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. 

Individual Needs Approach

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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