Education (Scotland) Act 2016

1 Pupils experiencing inequalities of outcome

After section 3 of the Standards in Scotland’s Schools etc. Act 2000 insert—

“3A Pupils experiencing inequalities of outcome: Scottish Ministers’ duty

(1) The Scottish Ministers must, when exercising their powers relating to school education, have due regard to the need to exercise the powers in the way mentioned in subsection (2).

(2) The way is a way designed to reduce inequalities of outcome for—

(a) pupils who experience those inequalities as a result of socio-economic disadvantage, and

(b) pupils who—

(i) experience those inequalities other than as a result of socio-economic disadvantage, and

(ii) are of such description as may be specified in regulations made by the Scottish Ministers.

(3) Regulations under subsection (2)(b)(ii) are subject to the affirmative procedure.

3B Pupils experiencing inequalities of outcome: education authority’s duties

(1) This section applies where—

(a) an education authority is making a decision of a strategic nature about the carrying out of its functions relating to school education, or

(b) an education authority is considering what steps to take to implement such a decision.

(2) The authority must have due regard to the need to carry out its functions relating to school education in the way mentioned in section 3A(2).

(3) The authority must—

(a) seek and have regard to the views of persons mentioned in subsection (4) in relation to the decision and steps,

(b) provide any advice and support that the authority thinks appropriate to those persons in relation to its consideration of the decision and steps.

(4) The persons are—

(a) the headteachers of such schools managed by the authority as the authority thinks appropriate,

(b) such pupils as the authority thinks appropriate,

(c) the parents of such pupils as the authority thinks appropriate,

(d) the representatives of any trade union which appears to the authority to be representative of the teaching staff at such schools managed by the authority as the authority thinks appropriate,

(e) such voluntary organisations as the authority thinks appropriate,

(f) any other persons the authority thinks appropriate.”.