Regulation 10 Pupils' progress recordsI1
Scotland
An education authority shall cause a record, to be known as a pupil’s progress record, to be kept for every pupil in attendance at a school under their management and such record shall, in relation to the pupil, contain information, which shall be checked or adjusted as necessary at least once a year and on transfer of the pupil to another school, about the following matters, that is to say—
the pupil’s full name and address, date of birth, position in his family and his parent’s name and address, occupation and, where appropriate, place of work;
the name and address of any person other than the parent who may be notified in the case of any emergency affecting the pupil;
the schools F1(whether public, self-governing, grant-aided or independent) attended by the pupil, with the dates of admission and leaving and the designation of the class from which he left;
the results, with dates, of any objective or diagnostic tests F2, including any attainment tests within the meaning of regulation 2(1) of the Testing in Primary Schools (Scotland) Regulations 1990, administered to the pupil;
a note of any factors adversely affecting the pupil’s educational capacity or attainment;
the pupil’s health record;
where appropriate, information about the pupil’s emotional and social development;
the pupil’s educational progress during each annual stage of school education; and
where the pupil is in attendance at a secondary school, information about any positions of responsibility held by him in the school or where appropriate in any organisation.
Where a pupil's progress record contains information relating to a decision to exclude him from a school under the management of an education authority—
the record shall also contain information with respect to the decision of any appeal committee on any reference of that decision made under subsection (1) of section 28H of the Education (Scotland) Act 1980 and with respect to the decision of the sheriff on any appeal under subsection (6) of that section in relation to the decision of that appeal committee; and
the parent of the pupil or the pupil himself if he is a young person shall be informed of the terms of the entry containing all such information as soon as practicable after the entry is made.
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The information contained in a pupil’s progress record shall be used only for the purpose of supervising that pupil’s educational development and of giving adequate advice and assistance to, or in relation to, that pupil. The contents of the record or any part thereof shall only be disclosed to persons authorised in that behalf by the Secretary of State or the education authority for the time being having custody of the record F5or where disclosure is required by the F6Pupils' Educational Records (Scotland) Regulations 2003.
F7Provided that where a pupil's progress record contains information relating to a decision to exclude the pupil from a school under the management of an education authority and an appeal committee to whom that decision has been referred under subsection (1) of section 28H of the Education (Scotland) Act 1980 or the sheriff on an appeal under subsection (6) of that section has annulled that decision, nothing in this paragraph shall be construed as authorising disclosure of the contents of any part of the record which mentions that decision F8where disclosure is not required by the Pupils' Educational Records (Scotland) Regulations 2003.
Annotations
Textual amendments
- F1
Words in reg. 10(1)(c) substituted (22.3.1994) by The Self-Governing Schools (Application and Amendment of Regulations) (Scotland) Regulations 1994 (S.I. 1994/351), regs. 1(1), 8(a)
- F2
Words in reg. 10(1)(d) inserted (17.11.1990) by The Testing in Primary Schools (Scotland) Regulations 1990 (S.I. 1990/2104), regs. 1, 6
- F3
Reg. 10(1A) inserted (5.4.1983) by The Schools General (Scotland) Amendment (No. 2) Regulations 1982 (S.I. 1982/1735), regs. 1, 5(a)
- F4
Reg. 10(2) revoked (5.1.2004) by The Pupils' Educational Records (Scotland) Regulations 2003 (S.S.I. 2003/581), regs. 1, 11(2)
- F5
Words in reg. 10(3) inserted (1.10.1990) by The School Pupil Records (Scotland) Regulations 1990 (S.I. 1990/1551), regs. 1, 12(a)
- F6
Words in reg. 10(3) substituted (5.1.2004) by The Pupils' Educational Records (Scotland) Regulations 2003 (S.S.I. 2003/581), regs. 1, 11(3)
- F7
Words in reg. 10(3) inserted (5.4.1983) by The Schools General (Scotland) Amendment (No. 2) Regulations 1982 (S.I. 1982/1735), regs. 1, 5(b)
- F8
Words in reg. 10(3) added (1.10.1990) by The School Pupil Records (Scotland) Regulations 1990 (S.I. 1990/1551), regs. 1, 12(b)