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The Pupils' Educational Records (Scotland) Regulations 2003

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Requirement to disclose pupils' educational records

5.—(1) Subject to paragraphs (3) to (7) below and to regulations 6 and 7, the responsible body, upon receiving a request by a parent for disclosure of their child’s educational records, shall within 15 school days, make them available for inspection, free of charge, to that parent.

(2) Subject to paragraphs (3) to (7) below and to regulations 6 and 7, the responsible body, upon receiving a request by a parent for a copy of their child’s educational records, or of information forming part of those records as may be specified in the request, shall provide such a copy within 15 school days to that parent on payment of any fee that may be required under regulation 9.

(3) The responsible body is not obliged to comply with the requirements of paragraphs (1) and (2) above unless they are supplied, on request, with such information as they may reasonably require in order to satisfy themselves as to the identity of the person making the request and to locate the information which that person seeks.

(4) The requirements of paragraphs (1) and (2) above apply to information held at the date of receipt of the request, but if any correction, addition or erasure is made between that time and the time when the information is supplied, the parent shall also be supplied with the information as so amended.

(5) Where the responsible body has previously complied with a request made by a parent under paragraph (1) or (2) above, that body is not obliged to comply with a subsequent identical or similar request by that parent unless, in the opinion of the responsible body, there has been a change in circumstances or a reasonable interval has elapsed since compliance with the previous request.

(6) In determining for the purposes of paragraph (5) whether requests made under paragraph (1) or (2) are made at reasonable intervals, regard shall be had to the nature of the information requested and the frequency with which the information is altered.

(7) Where a pupil transfers to another school, the responsible body shall transmit a copy of the pupil’s educational records to the body responsible for the management of that school, free of charge, if that body so requests, and within 15 school days of receiving the request.

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