Explanatory note

(This note is not part of the Regulations)

These Regulations impose obligations relating to the keeping, disclosure and transfer of educational records on the governing bodies of every school maintained by a local education authority, of every special school not so maintained, and of every grant-maintained school. They come into force in two stages.

From 1st September 1989 the governing body is required to make arrangements for the keeping and updating of a record of each registered pupil’s academic achievements, his skills and abilities, and his progress in school (regulation 6(1)(a)).

From 1st September 1990 the arrangements should secure the disclosure and supply of copies of the record kept under regulation 6(1)(a) on request to–

(i)

where the pupil is under 16, the pupil’s parents;

(ii)

where the pupil is 16 or 17, the pupil or his parents;

(iii)

where the pupil is 18 or over, the pupil himself (regulation 6(1)(b));

(iv)

any school or institution of further or higher education to which the pupil may transfer (regulation 6(3)).

A fee may be charged for the supply of copies not exceeding the cost of such supply, and the arrangements must provide an opportunity for correction of inaccurate records (regulation 6(1)(b) and (c)). A request for disclosure and supply must be dealt with within 15 school days of its receipt (regulation 6(2)).

Those governing bodies must also make arrangements to ensure that certain other educational records, if kept as part of the pupil’s record, should be disclosed and a copy supplied to the parent or pupil. A copy of the arrangements made under regulations 6 and 7 must be available for inspection free of charge by any person entitled to disclosure and supply of a copy of a pupil’s record (regulation 7).

The arrangements must also secure, from 1st September 1989, the transfer of those records on request to any educational establishment to which the pupil transfers (regulations 6(1)(d) and 7) and provide for appeal against certain decisions of a teacher where the governors arrange for him to take those decisions (regulation 8).

Regulations 9 and 10 exclude specified categories of information from the disclosure obligation. Regulations 11 to 13 contain savings in respect of–

(a)

educational records which are data for the purposes of the Data Protection Act 1984;

(b)

statements of special educational needs maintained under the Education Act 1981;

(c)

information about a pupil’s racial group;

(d)

the results of an individual pupil’s assessment;

(e)

reports for the purposes of proceedings to which the Magistrates' Courts (Children and Young Persons) Rules 1988 apply, and

(f)

records made before 1st September 1989.

The governing bodies of schools in Wales may translate into Welsh the record of transfer and disclosure arrangements kept under regulation 7(1)(b), and any governing body may translate such a document into a language other than English or Welsh (regulation 14).

Regulation 13 of the Education (Schools and Further Education) Regulations 1981, which is concerned with the transfer of educational records, is revoked.