efa: current policy and legislative framework the national equalities agenda and the implications...

EFA: Current policy and legislative framework

The national Equalities agenda and the implications for review, planning and development

Prof Donnie M MacLeod, February 2008

Education for All - inclusion, equality, participation, partnership

“inclusion” is not an alternative term for “integration”.

“inclusion” is experienced

“inclusion” is an issue about all and for all


An obligation - not an option - against an international backdrop of:

Human Rights/Civil Rights/Social Justice/Equity movements

“Mainstream schools with an inclusive orientation are the most effective means of combating discriminatory attitudes, creating welcoming communities, building an inclusive society and achieving education for all.” UN Salamanca Statement. Presupposes connection with communities and among services - partnerships

Children’s Rights. Equal rights of all (UN Convention, Children’s Charters etc)

Advocacy and self-advocacy - the importance of “Voice” - giving a voice to the marginalised and listening to “voice” - participation


Equalities related legislation for Scotland and the UK:

Human Rights Act and more recently the Equality Act

Disability Discrimination legislation - including SEN and disability

Sex Discrimination legislation

Race Relations (Amendment) Act, 2000 UK

Standards in Scotland’s Schools etc Act, 2000, (Section 15)

Children (Scotland) Act, 1995

Education ( Disability Strategies and Pupil’s Educational Records) Act, 2002

Protection of Children (Scotland) Act, 2003

Education (Additional Support for Learning) (Scotland) Act, 2004


National Public Services Reform Principles

“Public services should:

be more focused and personalised. They should be organised around users’ and citizens’ needs and aspirations, not the convenience of the service provider.

drive up quality and encourage innovation at all levels across organisations and teams.

be efficient, productive and focused on outcomes.

be joined up, with isolated and separated services becoming minimal.

be accountable to those they are there to serve.” (Changing Lives, 2006)


Supporting children’s learning: code of practice (2005)

Chapter 3 Meeting Additional Support Needs - paragraph 2 Values and Principles:

“taking into account issues of diversity and equality and ensuring that outcomes do not discriminate against children, young people and their families. This includes not discriminating on grounds of race, disability, gender, sexual orientation, language, religion or belief, and age.”


Same agenda evidenced in:

• National Priorities

• A Curriculum for Excellence

• Getting It Right for EVERY Child

• HMIe focus on Equality and Fairness (HGIOS3)

• Count Us In publications


Local authorities required by statute to comply with Equality Duties and publish Equality Schemes in relation to:

• Disability

• Race

• Gender

Requires

• specific action of schools, establishments and services

(eg to develop active policies etc).

• Equality policies


Three strands:

• discrimination - structures, processes, choices

• harassment and bullying

• positive action and promoting good relationships


Key characteristics of these schemes:

• public and designed to secure equality of opportunity

• focus on needs, entitlements and outcomes

• representative and participative in needs identification, development and monitoring

• proactive

• include arrangements for systematic monitoring and review

• publication of improvement targets and improvement data


Relevant areas for monitoring review and development will include, for example:

• Pupil attainment and progress

• Curriculum, teaching and learning (Access, participation and outcomes)

• Promoting good relations in school and community

• Care, welfare and assessment

• Staff recruitment and career development

• The school’s ethos and values - human rights development work

• Pupil behaviour, discipline and exclusion

• Harassment and bullying

• Admission and transfer procedures


Relevant areas for monitoring review and development will include, for example:

• Access, engagement, participation and representation

• Membership of boards, working groups and committees

• Choices and opportunities

• Membership of boards, working groups and committees

• Range and quality of programmes and resources,

• Communication

Equalities: Workshop questions

1. What are we currently doing that meets the requirements of the Equality legislation in terms of policy and practice?

2. How do we know?

3. How do we involve our staff, our pupils, our parents and wider communities?

4. What are the next steps?

efa: current policy and legislative framework the national equalities agenda and the implications...

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