Regulation 3 Meanings of curricular record and educational recordI1

England and Wales

F1(1)

In these Regulations “curricular record” (“cofnod cwricwlaidd”) means a formal record of a pupil’s academic achievements, the pupil’s other skills and abilities and his or her progress in school, as detailed in—

(a)

in relation to those pupils provided with education under the old curriculum, the Schedule to the Head Teacher’s Report to Parents and Adult Pupils (Wales) Regulations 2011, or

(b)

in relation to those pupils provided with education under the new curriculum, the Provision of Information by Head Teachers to Parents and Adult Pupils (Wales) Regulations 2022.

(2A)

References in these Regulations to pupils provided with education “under the old curriculum” are to those children and pupils to whom Part 2, 3 or 5 of the Curriculum and Assessment (Wales) Act 2021 applies, but in relation to whom the relevant Part of that Act has not yet come into force.

(2B)

References in these Regulations to pupils provided with education “under the new curriculum” are to those children and pupils to whom Part 2, 3 or 5 of the Curriculum and Assessment (Wales) Act 2021 applies, and in relation to whom the relevant Part of that Act has come into force.

(2)

In these Regulations “educational record” (“cofnod addysgol”) means any record of information, including a pupil’s curricular record, which—

(a)

is processed by or on behalf of the governing body of, or a teacher at, any school specified in paragraph (3);

(b)

relates to any person who is or has been a pupil at the school; and

(c)

originated from or was supplied by or on behalf of any of the persons specified in paragraph (4), other than information which is processed by a teacher solely for the teacher’s own use.

(3)

The schools referred to in paragraph (2)(a) are—

(a)

a maintained school; and

(b)

a special school which is not maintained by a local authority.

(4)

The persons referred to in paragraph (2)(c) are—

(a)

an employee of the local authority which maintains the school;

(b)

in the case of—

(i)

a voluntary aided, foundation or foundation special school; or

(ii)

a special school which is not maintained by a local authority,

a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services);

(c)

the pupil to whom the record relates; and

(d)

a parent of that pupil.

Annotations

Textual amendments

F1: Reg. 3(1)-(2B) substituted for reg. 3(1) (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes, 1.9.2026 for specified purposes) by The Provision of Information by Head Teachers to Parents and Adult Pupils (Wales) Regulations 2022 (S.I. 2022/655), reg. 12 (with reg. 10)

Commencement

I1: Reg. 3 in force at 1.9.2011, see reg. 1(1)