Part 2 of the Education (Scotland) Act 2016 as prospectively amended by the Bill [AS INTRODUCED] P ART 2 GAELIC MEDIUM EDUCATION Functions of Scottish Ministers 6A Duty of Scottish Ministers to promote Gaelic education The Scottish Ministers must promote, facilitate and support— (a) the provision in schools of— (i) Gaelic learner education, (ii) Gaelic medium education, and (b) the teaching of the Gaelic language in the provision of further education by education authorities. 6B Standards relating to Gaelic education (1) The Scottish Ministers may by regulations specify the standards and requirements to which an education authority must conform in discharging its functions— (a) relating to Gaelic learner education and Gaelic medium education in its provision of school education, and (b) relating to the teaching of the Gaelic language in its provision of further education. (2) Regulations under subsection (1) may make different provision for different purposes and different areas (including different parts of the area of an education authority). (3) In preparing regulations under subsection (1), the Scottish Ministers must consult— (a) Bòrd na Gàidhlig, (b) education authorities, (c) the body known as Comann nam Pàrant (Nàiseanta), 2 Part 2 of the Education (Scotland) Act 2016 as prospectively amended by the Bill Part 2—GAELIC MEDIUM EDUCATION (d) His Majesty’s inspectors of schools (that is to say, the inspectors of schools appointed by His Majesty under the 1980 Act), (e) persons with an interest in the promotion of the Gaelic language and Gaelic culture, (f) persons with an interest in the publication of books and other resources in the Gaelic language, and (g) such other persons as they consider appropriate. 6C Guidance to public authorities relating to Gaelic education (1) The Scottish Ministers may give guidance to Scottish public authorities relating to— (a) Gaelic learner education and Gaelic medium education, (b) the teaching of the Gaelic language in the provision of further education by education authorities, (c) the development of the education mentioned in paragraphs (a) and (b). (2) A Scottish public authority having functions relating to education must, to the extent that guidance under subsection (1) relates to those functions, have regard to any guidance given by the Scottish Ministers under subsection (1). (3) In preparing guidance under subsection (1), the Scottish Ministers must consult— (a) Bòrd na Gàidhlig, (b) education authorities, (c) the body known as Comann nam Pàrant (Nàiseanta), and (d) such other persons as the Scottish Ministers consider appropriate. (4) The Scottish Ministers must publish any guidance given under subsection (1). 6D Directions to education authorities relating to Gaelic education (1) The Scottish Ministers may, after consulting with an education authority, give a direction to that authority relating to the exercise of— (a) its functions under this Part relating to Gaelic learner education and Gaelic medium education, (b) its functions relating to the teaching of the Gaelic language in its provision of further education. (2) The Scottish Ministers— (a) may vary or revoke, and (b) must publish, a direction given under subsection (1). (3) An education authority must comply with a direction given to it under subsection (1). 3 Part 2 of the Education (Scotland) Act 2016 as prospectively amended by the Bill Part 2—GAELIC MEDIUM EDUCATION Assessments: primary education and early learning and childcare 7 Assessment requests (1) A person who is the parent of a child who is under school age and has not commenced attendance at a primary school may request the education authority in whose area the child is resident to assess the need for Gaelic medium primary education (in this Part, “GMPE”) or Gaelic medium early learning and childcare (in this Part, “GMELC”). (2) A request under subsection (1) must— (a) relate to only one child (in this Part, the “specified child”), and (b) set out, or be accompanied by, evidence that there is a demand for GMPE or GMELC, as the case may be, from parents of other children who are— (i) are resident in the area of the authority to which the request is made, and (ii) are, or are likely to be, in the same year group as the specified child. (3) A request under subsection (1) may set out, or be accompanied by, evidence that there is a demand for GMPE or GMELC, as the case may be, from parents of other children who are— (a) are resident in the area of the authority to which the request is made, and (b) are, or are likely to be, in a different year group in relation to the specified child. (4) In this Part, “year group”, in relation to an education authority, means the group of children under school age all of whom, on commencing primary education at a primary school in the area of the authority, will be in the same yearly stage of primary education; and references in this Part to a child being in the same or a different year group as or in relation to other children are to be construed accordingly. (5) The Scottish Ministers may by regulations make further provision about requests under subsection (1). (6) Regulations under subsection (5) may in particular include provision for or in connection with— (a) the form of the request and the manner in which it is to be made, (b) information (including evidence in addition to that mentioned in subsection (2)) that is to be set out in, or accompany, the request, (c) evidence as mentioned in subsections (2) and (3). 8 GMPE or GMELC assessment areas (1) This section applies where an education authority receives a request under section 7(1). (2) The authority must designate an area within the area of the authority in respect of which the need for GMPE or GMELC, as the case may be, is to be assessed. (3) An area designated under subsection (2) is referred to in this Part as a “GMPErelevant assessment area”. 4 Part 2 of the Education (Scotland) Act 2016 as prospectively amended by the Bill Part 2—GAELIC MEDIUM EDUCATION (4) In considering what area to designate as a GMPErelevant assessment area, an authority must— (a) so far as reasonable, seek to accommodate— (i) demand for GMPE or GMELC, as the case may be, evidenced in the request or contained in evidence accompanying the request, or (ii) any other demand for GMPE or GMELC, as the case may be, of which the authority is aware in respect of children resident in the area of the authority who are under school age and have not commenced attendance at a primary school, and (b) take into account factors which affect, or might affect, how any demand for GMPE could reasonably be met in the GMPEor GMELC, as the case may be, could reasonably be met in the relevant assessment area. (5) In taking those factors into account, the authority must have regard in particular to— (a) any guidance under section 9 of the Gaelic Language (Scotland) Act 20056C, (b) accessibility in relation to the provision (or potential provision) of GMPE in the GMPEor GMELC, as the case may be, in the relevant assessment area, and (c) the residence of children who are under school age and have not commenced attendance at a primary school in respect of whom there is a demand for GMPE or GMELC, as the case may be, as mentioned in subsection (4)(a). 9 Initial assessments (1) This section applies where an education authority receives a request under section 7(1) from the parent of a specified child. (2) The authority must make an assessment (an “initial assessment”) of the need for GMPE or GMELC, as the case may be— (a) in relation to the GMPErelevant assessment area designated under section 8(2), and (b) in the specified child's year group. (3) In making an initial assessment, the authority must take into account any information it has which— (a) relates to the demand for GMPE in the GMPEor GMELC, as the case may be, in the relevant assessment area from parents of children— (i) who are resident in the GMPErelevant assessment area, and (ii) who are, or are likely to be, in the same year group as the specified child, and (b) indicates that there is a demand for GMPE in the GMPEor GMELC, as the case may be, in the relevant assessment area from parents of children— (i) who are resident in the GMPErelevant assessment area, and (ii) who are, or are likely to be, in a different year group in relation to the specified child. (4) The information mentioned in subsection (3) includes information set out in or accompanying the request. 5 Part 2 of the Education (Scotland) Act 2016 as prospectively amended by the Bill Part 2—GAELIC MEDIUM EDUCATION (5) Where, following an initial assessment in relation to a GMPErelevant assessment area— (a) the authority is satisfied that the condition in subsection (6) is met, the authority must determine that there is a potential need for GMPE or GMELC, as the case may be, in the area, (b) the authority is not satisfied that that condition is met, the authority must determine that there is no potential need for GMPE or GMELC, as the case may be, in the area. (6) The condition is that the specified child and the children in respect of whose parents the authority has information as mentioned in subsection (3)(a) number 5 or more. (7) The Scottish Ministers may by regulations— (a) amend subsection (6) so as to substitute for the number of children for the time being specified there a different number, (b) provide for the number of children for the time being specified in that subsection to be read as a different number in the application of that subsection to such education authoritiesareas of education authorities, or such parts of those areas, as may be specified in the regulations. (7A) Where the number specified in subsection (6) is to be read as a different number for different parts of a relevant assessment area by virtue of regulations made under subsection (7)(b), the lowest number is to be read as applying to the whole of the relevant assessment area. (8) This section is subject to section 11. 10 Duties of education authority (1) Where an education authority makes a determination under section 9(5)(a) in relation to a GMPErelevant assessment area, the authority must— (a) carry out a full assessment of the need for GMPE or GMELC, as the case may be, in the area in accordance with section 12, or (b) take such steps as are necessary to secure the provision of such GMPE or GMELC, as the case may be, in the area as it considers appropriate. (2) Where an education authority makes a determination under section 9(5)(b) in relation to a GMPErelevant assessment area, the authority must— (a) take no further action to secure the provision of GMPE or GMELC, as the case may be, in the area so far as relating to the request in respect of which the determination is made, (b) carry out a full assessment of the need for GMPE or GMELC, as the case may be, in the area in accordance with section 12, or (c) take such steps as are necessary to secure the provision of such GMPE or GMELC, as the case may be, in the area as it considers appropriate. (3) An education authority must, no later than 6 weeks after receiving the request in respect of which a determination mentioned in subsection (1) or (2) is made, send to the persons mentioned in subsection (4) notification of–– (a) its determination, 6 Part 2 of the Education (Scotland) Act 2016 as prospectively amended by the Bill Part 2—GAELIC MEDIUM EDUCATION (b) its decision to act as mentioned in subsection (1)(a) or (b) or, as the case may be, subsection (2)(a), (b) or (c), and (c) the reasons for its determination and decision. (4) The persons are— (a) the parent who made the request, (b) parents of other children as mentioned in section 7(2), and (c) where the request set out, or was accompanied by, evidence from parents of other children as mentioned in section 7(3), those parents. (5) An education authority must, before the expiry of the period mentioned in subsection (3), publish on its website— (a) its determination as mentioned in subsection (1) or (2), (b) its decision to act as mentioned in subsection (1)(a) or (b) or, as the case may be, subsection (2)(a), (b) or (c), (c) the reasons for its determination and decision, and (d) information about the GMPErelevant assessment area in respect of which its determination was made. (6) For the purposes of complying with the duty imposed by subsection (1)(b) or (2)(c), the authority must ensure that the GMPE is provided in the GMPEor GMELC, as the case may be, is provided in the relevant assessment area within such period after making the determination as is reasonable in all the circumstances. 11 Requests that need not be considered (1) Subsection (2) applies where— (a) a request under section 7(1) (the “original request”) is made, (b) in pursuance of the original request, the education authority that receives the original request carries out an initial assessment under section 9 in relation to a GMPErelevant assessment area, (c) the authority receives another request under section 7(1) (a “further request”) which would (but for subsection (2)) require the authority to carry out an initial assessment in relation to the GMPErelevant assessment area, and (ca) either— (i) both the original request and the further request are requests to assess the need for GMPE, or (ii) both the original request and the further request are requests to assess the need for GMELC, and (d) the further request is received within the period of 2 years beginning with the day on which the original request is received. (2) The education authority need not comply with the duty imposed by section 9(2) in relation to the further request (subject to subsection (4)). 7 Part 2 of the Education (Scotland) Act 2016 as prospectively amended by the Bill Part 2—GAELIC MEDIUM EDUCATION (3) For the purposes of this section, it is irrelevant— (a) whether the further request— (i) is made by the same person who made the original request or by another person, or (ii) is made by a parent of a child who is, or is likely to be, in the same year group as, or a different year group from, the child whose parent made the original request, or (b) whether GMPE is being provided in the GMPEor GMELC, as the case may be, is being provided in the relevant assessment area to which the requests relate. (4) Despite subsection (2), the Scottish Ministers may, in such cases as they consider appropriate, direct an education authority to comply with the duty imposed by section 9(2) in relation to the further request. 12 Full assessments (1) This section applies where an education authority— (a) receives a request under section 7(1), and (b) decides, under section 10(1)(a) or (2)(b), to carry out a full assessment of the need for GMPE in a GMPEor GMELC, as the case may be, in a relevant assessment area. (2) The authority must— (a) notify the persons mentioned in subsection (3) of the request, (b) provide those persons with information about the request, (c) provide those persons with the information the authority took into account under section 9(3) in making an initial assessment, and (d) seek the views of those persons on— (i) the information mentioned in paragraphs (b) and (c), and (ii) the authority's determination under section 9(5). (3) The persons are— (a) Her Majesty's inspectors of schools (that is to say, the inspectors of schools appointed by Her Majesty under the 1980 Act), (b) Bòrd na Gàidhlig, (c) the body known as Comann nam Pàrant (Nàiseanta), (d) the body known as the National Parent Forum of Scotland. (4) The persons mentioned in subsection (3)(a) and (b) must— (a) provide the views sought under subsection (2)(d), and (b) do so before the end of the period of 4 weeks beginning with the day on which the views are sought. (5) Subject to subsection (7), the education authority must decide whether to secure the provision of GMPE in the GMPEor GMELC, as the case may be, in the relevant assessment area. 8 Part 2 of the Education (Scotland) Act 2016 as prospectively amended by the Bill Part 2—GAELIC MEDIUM EDUCATION (6) In making a decision under subsection (5), the education authority must have regard to— (a) views provided by virtue of subsection (2)(d) before the end of the period of 4 weeks beginning with the day on which the views are sought, (b) any guidance under section 9 of the Gaelic Language (Scotland) Act 20056C, (c) information that the education authority took into account in making an initial assessment under section 9(2), (d) in relation to the demand for GMPE or GMELC, as the case may be, mentioned in section 9(3) from parents of children, where those children reside, (e) any information the education authority has relating to the demand for GMPE or GMELC, as the case may be, in the area of the authority from parents of children who are under school age and have not commenced attendance at a primary school, (f) where GMPE or GMELC, as the case may be, is provided in the area of the education authority, or the area of another education authority adjacent to that area, the location of that provision, (g) the extent to which— (i) children resident in the area of an education authority adjacent to the area of the education authority mentioned in subsection (5) could access GMPE in the GMPEor GMELC, as the case may be, in the relevant assessment area, (ii) children resident in the GMPE assessment area could access GMPErelevant assessment area could access GMPE or GMELC, as the case may be, in the area of an education authority adjacent to the area of the education authority mentioned in subsection (5), (h) the availability and suitability of any premises in the education authority's area in which GMPE or GMELC, as the case may be, is being, or could reasonably be, provided, (i) the costs of providing GMPE in the GMPEor GMELC, as the case may be, in the relevant assessment area, (j) the potential to assign or recruit persons to teach GMPE in the GMPEor GMELC, as the case may be, in the relevant assessment area, (k...