The law on additional support for learning (ASL) is “a bit old” and the approach to the issue needs to be re-examined, the Education Secretary has said.
Jenny Gilruth also stressed the need for discussion on what comes next for Scottish attainment challenge funding – which is designed to improve outcomes for poorer pupils.
Earlier this year, Audit Scotland called for ASL provision to be “fundamentally evaluated” by government and councils, saying the growth in pupils requiring ASL has not been planned for.
She spoke at the annual congress of the Scottish Secondary Teachers’ Association (SSTA) trade union in Stirling.
Ms Gilruth said the attainment challenge funding, which is worth £1 billion over the current parliamentary term, was meant to be additional but is now being used to “plug gaps”.
She said: “I think it’s been a great investment, but I think after 10 years we’ve got to reflect on that, and think about what comes next.”
The money is employing around 3,000 extra staff, she said, but is not being used in ways originally envisaged and its impact has not been as great as hoped because of “austerity policies”.
She said the funding would continue into the 2026/27 school year and a decision on its future would be for the next Scottish Government after the election.
Ms Gilruth said around 40% of young people in Scotland now have an identified additional support need, noting the category is quite broad and can include high-achieving learners and children who have suffered bereavements.
The Education Secretary said: “We know that number is only going to increase, so when we talk about additional support needs, should we be thinking again?”
She said she is keen to hear from teachers on the Education (Additional Support for Learning) (Scotland) Act of 2004, adding: “I’m very mindful that that legislation is now a bit old and things have changed.
“So I think we need to reconsider where we are in that regard.”
The SSTA annual congress also heard from Stuart Hunter, whose two-year term as the union’s president is coming to an end.
He said the voice of teachers is being “drowned out” in decisions about education and said the profession must be considered the “experts”.
Mr Hunter also expressed fears the transformation of the SQA into Qualifications Scotland would merely be a “rebranding”.
He said: “In other words we’re going to get the same diktats from the top, telling us what to do.”
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