By Peter MacRae Producer of The Investigation

Children with special needs have a right to mainstream education

Concern at having special needs children with emotional and behavioural difficulties in mainstream classes is increasing among Scotland's teachers.

BBC Radio Scotland understands that researchers have found anecdotal evidence that their presence affects the learning environment.

Now there are fears teachers are not prepared for a new law set to increase the range of children who need support.

The issue is highlighted in a BBC Radio Scotland series, The Investigation.

Presented by Newsnight Scotland correspondent Ken Macdonald, the new programme will be introduced by Gary Robertson within his Morning Extra show on the first Monday of each month.

Positive move

Scotland's special needs children have had a legal right to be placed in mainstream education for the last five years as part of the Scottish Executive's commitment to broadening social inclusion.

Generally, all those involved in education consider it has been a positive move for children with physical disabilities.

But the picture is not so clear when it comes to youngsters with emotional and behavioural difficulties, usually referred to as EBD children.

Soon after starting the school, everything changed about Kirsty, the way she carried herself, the way she behaved Irene Hamilton Mother

Irene Hamilton from Dunblane talks in glowing terms about how her autistic daughter Kirsty has progressed at the town's Newton Primary School.

"Kirsty's just learning to be a typical girl now," said Irene, who believes passionately in the principle of having all special needs children in mainstream education.

"Soon after starting the school, everything changed about Kirsty, the way she carried herself, the way she behaved. The insular behaviour has just improved so much."

But many teachers elsewhere have a totally different experience of what it's like to have an EBD child in a mainstream class.

One teacher from the east of Scotland recalls a young child who wrecked a classroom on three separate occasions because there was no support available.

Only adult

Just how bad it can get for teachers in secondary school is described by one teacher from central Scotland.

"I've experienced it with two hyperactive, attention deficit children, a physically disabled pupil and four other pupils who academically were at primary three level, and I've been the only adult in the class of 33.

"At these times, everyone suffers," said the teacher.

Ronnie Smith thinks the problem is getting worse

It is difficult to quantify the scale of the problem of trying to include EBD children into mainstream education because of the lack of hard evidence.

There is no agreed classification and definitions of EBD vary from council to council.

The most recent official figures show the exclusion rate for the group of pupils which includes children with a Record of Needs is many times higher than the overall rate for the school population.

Ronnie Smith of Scotland's biggest teaching union, the EIS, is convinced the problem of EBD children in mainstream education is getting worse.

"From the motions we discuss at our annual conference it's clear that this is an issue which exercises teachers increasingly," he said.

Learning environment

Last year the executive commissioned research into how this aspect of the mainstreaming legislation was impacting on the education system.

The findings have still to be published, but BBC Radio Scotland understands researchers have found anecdotal evidence that including children with emotional and behavioural difficulties does affect the learning environment.

The man who speaks on education for Scotland's councils, Ewan Aitken, is convinced the new law is working - but acknowledges the difficulties.

What we're talking about here is creating a society where, no matter your difficulty, you matter and you belong Ewan Aitken Cosla

"It may appear to be the case that some children's education is suffering while this policy beds down," He said.

"But staying as we were, special needs children were having opportunities denied to them, and we don't want to have a society which does that."

While these issues remain unresolved, Scotland's teachers are going to have to handle a radical new law which extends the range of children who will be entitled to special treatment.

The Additional Support for Learning Act comes into force on 14 November.

It will require education authorities, social work departments, health boards and the further education sector to work together to provide all the extra help a child may need in order to get the best educational opportunities.

Needs assessed

The new law will not only apply to special needs children, but to any pupil who finds some aspect in their lives which is preventing them from getting the most out of school.

This will mean that children in care, or being bullied, or who have mental health problems, or for whom English is not their first language will be entitled to have their additional support needs assessed and catered for.

The old Record of Needs will be replaced by Co-ordinated Support Plans, and this is the first sign of potential trouble ahead.

I think it's going to be a bumpy passage, but the underlying theory is sound Ronnie Smith EIS

The local authority organisation Cosla thinks that up to 15% of pupils will require these co-ordinated support plans, while the executive thinks it will be less than 1%.

Mr Aitken predicted: "It will require a level of resources greater than the executive have given us.

"We're going to have to meet somewhere in the middle, and we haven't got there yet."

The unions are also concerned about a general lack of readiness among their members.

Mr Smith admitted that most of his members were not fully aware of the implications of the new legislation.

"At first sight it looks very complex. I think it's going to be a bumpy passage, but the underlying theory is sound," he said.

Extra paperwork

That analogy is continued by Mr Aitken, who is on record as describing the introduction of the Additional Support for Learning Act as a "rocky road".

He is worried about much of the extra paperwork falling on teachers if the other agencies involved do not fulfil their roles.

But, ultimately, he is an optimist.

"What we're talking about here is creating a society where, no matter your difficulty, you matter and you belong.

"We have to continue that journey," he said.