Part 4 of the Disability Discrimination Act 1995 (as amended) came into force in September 2002. The Act covers Great Britain but, in relation to schools, is implemented through different special educational needs legislation in England and Scotland. This article by Sheila Riddell, Professor of Social Policy (Disability Studies) at Glasgow University and Director of the Strathclyde Centre for Disability Research, explores the key differences in these legal frameworks, and discusses their implications for delivering consistent anti-discrimination policies north and south of the border. Professor Riddell argues that there is a need for close monitoring of the implementation of Part 4 of the DDA in English and Scottish schools. If major differences in implementation of the legislation emerge over time, there may be a need to consider the case for devolving responsibility for equal opportunities to the Holyrood Parliament or amending national education legislation to make it more consistent. This article will be of interest to anyone concerned with the implementation of Part 4 of the Disability Discrimination Act in England and Scotland.