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1. This consultation paper seeks your views on proposed secondary legislation, following the Equality Act 2010 (the Equality Act), which will enable the Additional Support Needs Tribunals for Scotland ( ASNTS) to hear disability claims (discrimination, harassment and victimisation) cases in school education. The ASNTS was established in November 2005 by The Education (Additional Support for Learning) (Scotland) Act 2004 (as amended by The Education (Additional Support for Learning) (Scotland) Act 2009) ( ASL Act 2004 as amended) to hear cases involving children and young people with additional support needs who have a dispute with their education authority, which could not be resolved by less formal means. The Equality Act will extend the Tribunal's jurisdiction to also hear disability claims in school education, and Scottish Ministers must make secondary legislation containing new rules of practice and procedure to enable the Tribunal to hear these cases. The Equality Act will have a staggered commencement.
2. Details of the proposed secondary legislation are provided in the consultation paper and you will be asked questions on the legislation, where appropriate. Please answer these questions using the consultation questionnaire provided at Annex A, and return this form along with the completed Respondent Information Form also at Annex A, to EqualityAct@scotland.gsi.gov.uk
Responses are required by 24 September 2010. Your views will contribute to the development of the rules and regulations of the ASNTS. General information about the Scottish Government consultation process can be found at Annex B and a list of organisations that are being consulted is attached at Annex C. If you have any queries contact Claire Killen at:
claire.killen@scotland.gsi.gov.uk
or
Claire Killen
Support for LearningPrior to focussing on the proposed secondary legislation, the consultation paper will commence with an examination of the background to extending the jurisdiction of the ASNTS, including further information on the Equality Act and the current jurisdiction of the ASNTS.