Early in 2004, Schoolhouse realised the importance of home-educated young people in Scotland having the right to apply for the EMA.

We worked hard to win an agreement and for our right to apply to be included in the Scottish Guidance. Further work ensured a separate section in the EMA Guidance for home-educated students.

EMA (Scotland) Guidance Booklet (April 2007/2008)

10. STUDENTS IN HOME EDUCATION

EMAs will be available to eligible young people who are undertaking full-time non-advanced level study by home education. The EMA programme will be administered for these students by the local authority in which the home education is based. Applications should be made to the local authority. In relation to the efficiency and acceptability of education being delivered at home, local authorities should take into account the Guidance on the Circumstances in which Parents may choose to Educate their Children at Home (produced by the Scottish Executive, www.scotland.gov.uk), and the local authority's own guidance, where available.

The programme for EMAs across the local authority and FE sectors is largely the same. This will also be the case in relation to home education. However, given the nature of home education, there will be particular elements of the programme which will vary. This section sets out those elements.

10.1 ELIGIBILITY OF STUDENT

Students who are home educated will be subject to the same age criteria as students in the schools and FE sectors (see Section 4.1). Students will become eligible for an EMA from the start of the local authority school term under the autumn or winter intake, as appropriate. While it is recognised that home education may not follow the same terms as school or college education, this will ensure all eligible local authority students begin to receive their EMA at the same point in the year, regardless of the form of education they are undertaking.

Please note: Students applying for an EMA as a home educated student must have a history of home education prior to reaching their official school leaving date.

Home educated students will also be eligible to a maximum of 42 weeks of EMA support over the year in the same way as other students who are awarded an EMA.

10.2 ELIGIBILITY OF LEARNING

Eligible students can be home-educated full-time, or in conjunction with attendance at an institution (as recognised in Section 3 (vi)). The local authority should be content that the home education is efficient and suitable for the child, and on a full-time basis.

The learning should be at non-advanced level. If the student attends college courses part-time as part of their home education programme, this should also be at non-advanced level.

(i) ATTENDANCE REQUIREMENTS

In order to be eligible for the weekly allowance home educated EMA students will be required to meet the 100% attendance requirement.

Responsibility for ensuring 100% attendance in home education will lie predominantly with the education provider, and local authorities should refer to their existing policy on home education to ensure this is appropriate. Where a student also attends a part-time college course as part of their programme, they will be required to meet the 100% attendance criteria for that course (with usual reference to Section 7 Guidance on Absences).

(ii) PROGRESSION AND QUALIFICATIONS

Home educated students may not be working towards a recognised qualification. However, the programme of learning should be appropriate to the age, ability and aptitude of the student. Local authorities may choose to ensure that this remains the case throughout the student's period of eligibility.

10.3 LEARNING AGREEMENT

In order to receive an EMA, all students must have a signed learning agreement (or equivalent) in place. For home educated students, this may be a plan of education agreed between the responsible adult and the student.

The education provider should submit a learning agreement or similar plan of education provision to the local authority as part of the application for an EMA. Once the local authority is satisfied that this meets the EMA Scotland Guidance on Learning Agreements (as Section 6 and below), the EMA should be granted.

(i) REQUIRED SIGNATURES

The learning agreement (or equivalent) should be signed by the child and the adult educator or parent responsible, and by a representative of the local authority if required. Where the student attends college part-time the learning agreement should also be signed by an appropriate representative of the institution. All signatories should understand fully their responsibilities within the agreement. The responsible parent/education provider should ensure the learning agreement is clear and unambiguous about the proposed programme of learning.

(ii) REQUIREMENTS

The learning agreement (or equivalent) should incorporate the main features as outlined in Section 6 EMA Learning Agreements. However, this should allow for the nature of home education, for example home education may not lead to a recognised qualification. References may be incorporated to documents where such things as timetabled learning programmes are set out, but this is not a prerequisite given the alternative nature of many forms of home education.

Learning Agreements may also reference the guidance for local education authorities in dealing with home educators, and may incorporate the suggested characteristics of an efficient and suitable education.

It remains the education provider's responsibility to ensure that all the criteria of the plan of education outlined in the EMA application are met. Local authorities may seek details of the provision as per their normal responsibilities as outlined in the Scottish Executive guidance, but should not seek to impose school or college structures, programmes or outcomes. If concerns are raised regarding the efficiency of the programme provided, then local authorities should investigate as normal and if these are justified then the EMA allowance could be withheld or reviewed.

(iii) WITHHOLDING PAYMENTS

Education providers (for example, parents) will be required to advise local authorities to withhold payments in any week where the student does not meet the attendance criteria or other requirements set out in the learning agreement.

10.4 BONUSES

Home educated EMA recipients will be eligible to be considered for one or two bonuses on the same basis as students at school or college, i.e. depending under which intake they join the programme (see Section 8.1 Structure of Bonuses). Although home education programmes may not adhere to the same sessions as school, local authorities will be administering the programme for both home educated and school pupils, and so bonus payments should be processed at the same point (see Section 8.2 Timing of Bonuses).

(i) PAYMENT OF BONUS

Local authorities will pay bonuses in consultation with education providers. The education provider will be responsible for notifying the local authority of the student's eligibility for the bonus (see Section 8.4 Criteria for Awarding Bonuses). As in the schools and FE sector, education providers should be able to provide evidence supporting the award of a bonus, such as a pupil's progress against their learning agreement, if required.

Local authorities should make reference to any existing policy for contact with home educated pupils.

Local Authorities should agree the award of the bonus if they are content that the relevant criteria has been met.

(ii) RETENTION CRITERIA

For home educated students, this would be a return to their agreed learning programme.

(iii) PROGRESSION/ATTAINMENT CRITERIA

As students who are home educated may not be working towards a recognised qualification, there should be scope for variation to suit different home education expectations and capabilities of students

10.5 MANAGEMENT INFORMATION

Local authorities should refer to Scottish Executive guidance on the Management Information requirements for the EMA Scotland programme, and to Section 10.2 (i) Attendance Requirements and Section 10.4 Bonuses above.

Local authorities should also make reference to existing policy in relation to contact with home educated pupils. The education provider will be responsible for informing the local authority when a student fails to meet the requirements for the weekly allowance or bonus, or otherwise stops being eligible for an EMA. Again, local authorities should refer to existing policy on this.