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Education (Pupil Records) Regulations (Northern Ireland) 1998

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Duties of Boards of Governors

6.—(1) Subject to regulation 5(2) it shall be the duty of the Board of Governors of every school to make arrangements as follows—

(a)in respect of every pupil at that school there is kept a formative record of progress and achievement and that record is updated at least once a year;

(b)upon receipt of a request made in writing by an entitled person, the relevant pupil’s formative record of progress and achievement is disclosed free of charge to the person making the request and, on payment of such fee (not exceeding the cost of supply), if any, as the Board of Governors may determine, a copy of it is supplied to him;

(c)upon receipt of a notice given in writing by an entitled person that he regards any part of the relevant pupil’s formative record of progress and achievement as inaccurate then—

(i)if the holder of the record is satisfied that the record is inaccurate, the record is amended by the removal or correction of that part which is regarded as inaccurate,

or

(ii)if the holder of the record is not satisfied that the record is inaccurate, the notice is appended to the record and subsequently treated as forming part of it;

(d)where a pupil ceases to be a pupil at that school and becomes a pupil at another school (including an independent school) at the end of the second key stage—

(i)the information set out in Schedule 1 is transferred to the responsible person, not later than 30th June of that school year, in the form specified in Part I of Schedule 2, or a form to the like effect, or, in the case of a pupil who is in an Irish speaking school, the form specified in Part II of Schedule 2, or a form to the like effect, and

(ii)that pupil’s formative record of progress and achievement is transferred to the responsible person, if that person so requests in writing; and

(e)where a pupil ceases to be a pupil at that school and becomes a pupil at another school (including an independent school) at any other time—

(i)that pupil’s formative record of progress and achievement is transferred to the responsible person, and

(ii)a formal record of the academic achievements, other skills and abilities and academic progress relating to the pupil and kept since 1st September 1990, together with any appropriate educational records relating to the pupil and kept before that date, are transferred to the responsible person, if that person so requests in writing.

(2) Arrangements made in pursuance of paragraph (1)(b) shall secure that the request is complied with within 15 school days of its receipt or, if the request is received on a day which is not a school day, within 15 school days of the first school day following the day on which the request was received.

(3) In any case where a pupil at a school is under consideration for admission to another school (including an independent school), at any time other than the end of the second key stage, the arrangements for disclosure and supply of a copy of that pupil’s formative record of progress and achievement made in pursuance of paragraph (1)(b) shall have effect as if the responsible person were an entitled person in relation to the pupil save that he shall not be required to pay any fee in respect of the supply.

(4) In paragraph (1)(c) “inaccurate” means inaccurate or misleading as to any matter of fact.

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