Education Law
Race Relations
(Amendment) Act 2000
Scottish EAL Co-ordinating Council
Wednesday 5 November 2003
Context
Scottish Executive promoting “One Scotland – Many Cultures”
National Priorities in Education
HMIE and HGIOS
Stephen Lawrence Inquiry
Institutional Racism
“The Collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin. It can be seen or
detected in processes, attitudes and behaviour which amount to discrimination through
unwitting prejudice, ignorance,
thoughtlessness and racist stereotyping which disadvantages minority ethnic people.”
Institutional Racism
“It is incumbent on every institution to examine their policies and the
outcome of their policies and practices to guard against disadvantaging any
section of our communities.”
Race Relations Act 1976
Defines Racial Discrimination (3 forms):
Direct
Indirect
Victimisation
Direct Discrimination
Less favourable treatment on racial grounds
Racial grounds = colour, race, nationality, or ethnic or national origin
Indirect Discrimination
Requirement or condition which is apparently equal in its application but which in fact has a
disproportionate impact on a particular racial group
1988 In the report of a formal investigation in
Calderdale LEA, the Commission for Racial Equality (CRE) states that Calderdale’s policy of separate English language tuition for ethnic minority pupils cannot be justified on educational grounds and amounts to indirect racial discrimination.
Victimisation
Less favourable treatment than someone who has not done a “protected act”
For example; raised a complaint of race discrimination, assisted someone else to do so, served a questionnaire under the Act etc.
Race Relations (Amendment) Act 2000
What is the Act about?
Being pro-active
Mainstreaming the equality agenda
Being specific
Race Relations (Amendment) Act 2000
Key Changes to the Law
Outlaws discrimination by any public
authority in carrying out any of its duties.
Places a statutory duty on public
authorities to promote race equality and prevent racial discrimination.
Race Relations (Amendment) Act
It is unlawful for a public authority in carrying out any functions of the
authority to do any act which constitutes discrimination
s19B(1), Race Relations Act 1976 (as amended)
Race Relations (Amendment) Act
General Duty
to have due regard to the need:
a) to eliminate unlawful discrimination; and
b) to promote equality of opportunity and
c) to promote good race relations between persons of different racial groups
Race Relations (Amendment) Act
Specific Duties
Education Authorities to
a) prepare a written statement of its policy for promoting race equality (“race
equality policy”); and
b) have in place arrangements for fulfilling
Race Relations (Amendment) Act
“Schools Duties”
a) assess the impact of its policies, including its race equality policy, on pupils, staff and parents of different racial groups including, in particular, the
impact on attainment levels of such pupils;
b) monitor, by reference to those racial groups, the admission and progress of pupils and the career
progress of staff; and
c) include in its race equality policy an indication of its arrangements for publishing that policy and the
results of the assessment and monitoring (publish
Race Equality Policy
Deal with most relevant areas:
pupils’ attainment and progress;
curriculum, teaching and learning;
care and assessment;
pupil behaviour, discipline and exclusion;
racial harassment and bullying;
Involving parents, pupils and community.
CRE Codes of Practice
Statutory codes and guidance with examples of good practice – for
compliance with general and specific duties
Performance guidelines leaflets
Enforcement of Public Duty
Audit / inspection
Judicial review of general duty
CRE – specific duties – service of compliance notice
CRE – seek sheriff court order requiring compliance
Implications for Schools
Consider the key functions of the school;
Prioritise the areas you wish to work on, e.g.
mainstreaming race equality into existing school policies?
revisiting the School Development Plan?
specific information sessions for staff and school board?
ensuring that learning and teaching resources take into account race related issues?
Assessing functions and policies
How much evidence from consultation, research,
complaints or monitoring?
Is there public concern about
the function or policy in relation to race equality?
Areas of Challenge
Low expectations held out for many pupils learning EAL;
Organisation of services for children learning EAL;
Marginalisation of teachers of EAL within schools;
Low status accorded to their areas of
Low Expectations
Ofsted (1999) noted that some groups learning EAL more likely to be placed in lower sets (esp. for English);
Gilbourn & Youdell (2000) found black
children much less likely to be presented for higher tier exams. EAL?
Competence in another language often disregarded when assessing a child’s abilities, esp. when assessing SEN (cf.
Organisation of EAL Teaching
Calderdale LEA – CRE condemned the segregated arrangements for children who failed an English
screening test.
CRE’s Key Findings
children in both learning centres have no access to a normal school
environment
CRE’s Key Findings
the range of subjects was narrower than that covered by the
mainstream classes .. no practical classes, no music, no foreign
languages and no specific periods for religious education
However …
In practice can be a tendency that language support for pupils with EAL is only available in lower sets.
(Aberu, Cline & Radia-Bond, 2001)
However …
Shortage of EAL teachers;
High demand for EAL support;
Concentrate resources in certain classes to allow maximum access;
But, effect was to create groups with high and low concentrations of South Asian
pupils and to place an effective bar on those who need language support from the school’s “fast-track” top sets/groups.
Help
Educating for Race Equality A Toolkit for Scottish Teachers
LTS2003
www.antiracisttoolkit.org.uk
Learning from Good Practice
Diversity is obvious, displayed and celebrated (not just taught);
Racism is seen as affecting
everyone – not just about ethnic minorities
School ethos – the image or feel of the school
Solutions ?
EAL Teachers well placed to monitor the impact of decisions and policies about how their time/expertise is
allocated.
The Future
How will the changes proposed in the Education (Additional Support for Learning) (Scotland) Bill affect the practice of teaching EAL?