Standards in Scotland’s Schools etc. Act 2000

Raising standards S

3 Raising standards S

(1) The Scottish Ministers shall endeavour to secure improvement in the quality of school education which is provided for Scotland; and they shall exercise their powers in relation to such provision with a view to raising standards of education.

(2) An education authority shall endeavour to secure improvement in the quality of school education which is provided in the schools managed by them; and they shall exercise their functions in relation to such provision with a view to raising standards of education.

(3) The duties under subsection (2) above shall apply also in relation to school education which is provided in pursuance of any arrangements made, or entered into, by an education authority under—

(a) section 14 of the 1980 Act; or

(b) section 35 of this Act.

(4) In subsections (1) to (3) above, “school education” means school education directed as is described in section 2 of this Act.

[F1 3A Pupils experiencing inequalities of outcome: Scottish Ministers' duty S

(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.

Textual Amendments

F1 S. 3A-3B inserted (1.8.2016 for the insertion of s. 3A) by Education (Scotland) Act 2016 (asp 8), ss. 1, 33(2); S.S.I. 2016/192, reg. 2, sch.

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

(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.]

Textual Amendments

F1 S. 3A-3B inserted (1.8.2016 for the insertion of s. 3A) by Education (Scotland) Act 2016 (asp 8), ss. 1, 33(2); S.S.I. 2016/192, reg. 2, sch.

[F2 3C National Improvement Framework S

(1) In pursuance of the duty imposed on them by section 3(1), the Scottish Ministers must prepare and publish a statement setting out strategic priorities and objectives in relation to school education (the “National Improvement Framework”).

(2) The Scottish Ministers must review each year the National Improvement Framework.

(3) In carrying out a review under subsection (2), the Scottish Ministers must—

(a) give the persons mentioned in subsection (4) an opportunity to express views on the National Improvement Framework, and

(b) have regard to any such views.

(4) The persons are—

(a) education authorities,

(b) persons appearing to the Scottish Ministers to be representative of teachers employed by education authorities for the provision of school education,

(c) such pupils who are being provided with school education as the Scottish Ministers think appropriate,

(d) such parents of pupils who are being provided with school education as the Scottish Ministers think appropriate.

(5) The Scottish Ministers must specify, in such manner as they may determine, the way in which they have complied with the duties imposed by subsection (3).

(6) If the Scottish Ministers wish to modify the National Improvement Framework following a review under subsection (2), they must prepare and publish a new National Improvement Framework which takes account of the modifications.

(7) In subsection (1), “ school education ” means school education directed as is described in section 2.

Textual Amendments

F2 S. 3C-3D inserted (1.8.2016 for the insertion of s. 3C) by Education (Scotland) Act 2016 (asp 8), ss. 2(2), 33(2); S.S.I. 2016/192, reg. 2, sch.

3D Carrying out of education authority's duty under section 3(2) S

(1) Subsection (2) applies where an education authority is carrying out the duty imposed on it by section 3(2) to endeavour to secure improvement in the quality of school education which is provided in the schools managed by it.

(2) The education authority must carry out the duty with a view to achieving the strategic priorities set out in the National Improvement Framework.]

Textual Amendments

F2 S. 3C-3D inserted (1.8.2016 for the insertion of s. 3C) by Education (Scotland) Act 2016 (asp 8), ss. 2(2), 33(2); S.S.I. 2016/192, reg. 2, sch.

[F3 3E Annual plan: Scottish Ministers S

(1) Before the beginning of the planning period each year, the Scottish Ministers must prepare and publish a plan setting out—

(a) the steps that they propose to take during the planning period with a view to reducing inequalities of outcome for pupils of a type mentioned in section 3A(2), and

(b) the educational benefits for those pupils that they consider will result from taking those steps.

(2) In subsection (1), “ planning period ” means the period of 12 months beginning with such day as the Scottish Ministers may prescribe by regulations.

(3) Regulations under subsection (2) are subject to the negative procedure.

Textual Amendments

F3 Ss. 3E-3I inserted (1.8.2016 for specified purposes, 1.12.2016 for insertion of ss. 3E, 3G so far as not already in force) by Education (Scotland) Act 2016 (asp 8), ss. 3(2), 33(2); S.S.I. 2016/192, reg. 2, sch.

3F Annual plan: education authority S

(1) Before the beginning of the planning period each year, each education authority must prepare and publish a plan (an “annual plan”) setting out—

(a) the steps that the authority proposes to take during the planning period with a view to reducing inequalities of outcome for pupils of a type mentioned in section 3A(2),

(b) the steps that the authority proposes to take during the planning period to comply with the duties imposed on it by section 3B(3),

(c) the steps that the authority proposes to take during the planning period in pursuance of the National Improvement Framework, and

(d) any educational benefits for pupils that the authority considers will result from taking those steps.

(2) As soon as reasonably practicable after publishing an annual plan, each education authority must give a copy of the plan to the Scottish Ministers.

(3) If a new National Improvement Framework is published by virtue of section 3C(6), each education authority must—

(a) review the authority's annual plan,

(b) make any revisions that are necessary in view of the new National Improvement Framework, and

(c) if the authority makes any revisions under paragraph (b), publish a revised annual plan and give a copy of it to the Scottish Ministers.

(4) In subsection (1), “ planning period ” means the period of 12 months beginning with such day as the Scottish Ministers may prescribe by regulations.

(5) Regulations under subsection (4) are subject to the negative procedure.

Textual Amendments

F3 Ss. 3E-3I inserted (1.8.2016 for specified purposes, 1.12.2016 for insertion of ss. 3E, 3G so far as not already in force) by Education (Scotland) Act 2016 (asp 8), ss. 3(2), 33(2); S.S.I. 2016/192, reg. 2, sch.

3G Annual report: Scottish Ministers S

(1) As soon as reasonably practicable after the end of the period to which a plan published under section 3E(1) relates, the Scottish Ministers must prepare and publish a report (an “annual report”) setting out for that period—

(a) the steps they have taken with a view to reducing inequalities of outcome for pupils of a type mentioned in section 3A(2),

(b) any steps they have taken in pursuance of the National Improvement Framework, and

(c) any educational benefits for pupils that they consider result from taking those steps.

(2) In preparing an annual report, the Scottish Ministers must take account of information deriving from benchmarking with other countries in so far as they consider it relevant to the matters that are to be included in the report.

(3) As soon as reasonably practicable after publishing an annual report the Scottish Ministers must lay a copy of the report before the Scottish Parliament.

Textual Amendments

F3 Ss. 3E-3I inserted (1.8.2016 for specified purposes, 1.12.2016 for insertion of ss. 3E, 3G so far as not already in force) by Education (Scotland) Act 2016 (asp 8), ss. 3(2), 33(2); S.S.I. 2016/192, reg. 2, sch.

3H Annual report: education authority S

(1) As soon as reasonably practicable after the end of the period to which a plan published under section 3F(1) relates, each education authority must prepare and publish a report setting out for that period—

(a) the steps the authority has taken with a view to reducing inequalities of outcome for pupils of a type mentioned in section 3A(2),

(b) the steps the authority has taken to comply with the duties imposed on it by section 3B(3),

(c) any steps the authority has taken in pursuance of the National Improvement Framework, and

(d) any educational benefits for pupils that the authority considers result from taking those steps.

(2) A report under subsection (1) may also include information on steps taken, with a view to reducing inequalities of outcome for pupils of a type mentioned in section 3A(2), by a person other than the education authority which were included in the children's services plan for the authority's area.

(3) In subsection (2), “ children's services plan ” has the meaning given by section 8(2) of the Children and Young People (Scotland) Act 2014.

(4) As soon as reasonably practicable after publishing a report, an education authority must give a copy of it to the Scottish Ministers.

Textual Amendments

F3 Ss. 3E-3I inserted (1.8.2016 for specified purposes, 1.12.2016 for insertion of ss. 3E, 3G so far as not already in force) by Education (Scotland) Act 2016 (asp 8), ss. 3(2), 33(2); S.S.I. 2016/192, reg. 2, sch.

3I Equal opportunities S

(1) Each education authority must prepare and publish each year a statement (an “annual statement”) setting out for the relevant period the ways in which the authority will, in providing school education, encourage equal opportunities and in particular the observance of the equal opportunity requirements.

(2) As soon as reasonably practicable after the end of each relevant period, each education authority must prepare and publish a report setting out any activities carried out by it in pursuance of its annual statement.

(3) In this section—

• “ equal opportunities ” and “ equal opportunity requirements ” have the same meanings as in the exceptions to Section L2 of Schedule 5 to the Scotland Act 1998, and

• “ relevant period ”, in relation to an annual statement, means the period of 12 months beginning with the day after the day on which the annual statement is published. ]

Textual Amendments

F3 Ss. 3E-3I inserted (1.8.2016 for specified purposes, 1.12.2016 for insertion of ss. 3E, 3G so far as not already in force) by Education (Scotland) Act 2016 (asp 8), ss. 3(2), 33(2); S.S.I. 2016/192, reg. 2, sch.

F4 4 National priorities in education S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 4 repealed (1.8.2016) by Education (Scotland) Act 2016 (asp 8), ss. 2(3), 33(2); S.S.I. 2016/192, reg. 2, sch.

5 Education authority’s annual statement of improvement objectives S

(1) For the purposes of their [F5 duties under sections 2A(2) and ] 3(2) of this Act, an education authority, after consulting such bodies as appear to the authority to be representative of teachers and parents within their area and of persons, other than teachers, who are employed in schools within that area and after giving children, young persons and such other persons within that area as appear to the authority to have an interest in the matter an opportunity to make their views known, shall, by such date in 2001 as the Scottish Ministers may, after consulting the education authorities, determine (one date being so determined for all the authorities) and thereafter by that date annually, prepare and publish a statement setting objectives.

(2) The statement so prepared and published shall be known as the authority’s “annual statement of education improvement objectives” and shall include an account—

[F6 (za) of the ways in which the authority will seek to carry out the duty imposed by section 2A(2);]

(a) [F7 (prepared under section 2(1) of the Scottish Schools (Parental Involvement) Act 2006 (asp 8) as part of the authority's strategy for parental involvement)] of the ways in which the authority will seek to involve parents in promoting the education of their children;

(b) of the ways in which they will, in providing school education, encourage equal opportunities and in particular the observance of the equal opportunity requirements; and

(c) of—

(i) the ways in which; or

(ii) the circumstances in which,

they will provide Gaelic medium education and, where they do provide Gaelic medium education, of the ways in which they will seek to develop their provision of such education.

(3) In paragraph (b) of subsection (2) above, “equal opportunities” and “equal opportunity requirements” have the same meanings as in the exceptions to section L2 of Schedule 5 to the Scotland Act 1998 (c.46); in paragraph (c) of that subsection, “Gaelic medium education” is teaching by means of the Gaelic language as spoken in Scotland; and the references in those paragraphs to providing education shall be construed as including providing it in pursuance of such arrangements as are mentioned in section 3(3) of this Act.

(4) The objectives shall be set—

(a) in respect of each of the national priorities in education and by reference to such measures of performance as are published under paragraph (b) of section 4(1) of this Act; and

(b) in respect of such other matters and by reference to such other measures of performance, if any, as the authority consider appropriate.

[F8 (4A) In complying with subsection (2)(c) above, an education authority shall have regard to—

(a) any Gaelic language plan published by the authority under section 5(9) of the Gaelic Language (Scotland) Act 2005 (asp 7), and

(b) any guidance published by Bòrd na Gàidhlig under section 9 of that Act.]

(5) If, during the twelve months following the date of publication of an annual statement of education improvement objectives, there is a change of circumstances relevant to the statement and that change is of such significance that the education authority conclude that the objectives should be revised, they shall prepare and publish a supplementary statement revising the objectives accordingly.

(6) An education authority shall, by such date in 2002 or in 2003 as the Scottish Ministers may, after consulting the education authorities, determine (one date being so determined for all the authorities) and thereafter by that date annually, prepare and publish a report as to their success—

(a) in meeting the objectives set in the annual statement of education improvement objectives most recently published by them; or

(b) if there has been published under subsection (5) above a supplementary statement revising those objectives, in meeting the objectives as so revised.

Textual Amendments

F5 Words in s. 5(1) substituted (3.1.2008) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 2(a), 11(2); S.S.I. 2007/372, art. 2(b)

F6 S. 5(2)(za) inserted (3.1.2008) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 2(b), 11(2); S.S.I. 2007/372, art. 2(b)

F7 Words in s. 5(2)(a) inserted (1.8.2007) by Scottish Schools (Parental Involvement) Act 2006 (asp 8), ss. 2(6), 24(2); S.S.I. 2007/31, art. 2(b), Sch. 2

F8 S. 5(4A) inserted (13.2.2006) by Gaelic Language (Scotland) Act 2005 (asp 7), ss. 9(3), 13(2); S.S.I. 2006/31, art. 2

6 School development plans S

(1) For the purpose of securing improvement in the quality of education which a school managed by them provides, an education authority shall, subject to subsection (6) below, ensure that there is prepared for the school, by such date in 2001 as the Scottish Ministers may, after consulting the education authorities, determine (one date being so determined for all the authorities) and thereafter by that date annually, after consultation with the persons mentioned in subsection (2) below and after the pupils in attendance at the school have been given an opportunity to make their views known—

(a) a development plan which takes account of the objectives [F9 and strategy for parental involvement] in the authority’s annual statement of education improvement objectives published by that date in the year in question [F10 , sets objectives for the school (including objectives as to the involvement of a pupil's parents in the education provided to the pupil and to the school's pupils generally) and contains a statement of the education authority's ambitions for the school]; and

(b) a summary of the development plan.

(2) The persons are—

(a) any [F11 Parent Council or Combined Parent Council] established for the school;

(b) the teachers employed in the school;

(c) such persons so employed or working in the school on an unpaid basis as are not teachers; and

(d) such local bodies as appear to the authority to be representative of—

(i) such teachers;

(ii) such persons; or

(iii) parents of pupils in attendance at the school.

(3) The development plan shall include an account of the ways in which, and extent to which, the headteacher of the school will—

(a) consult the pupils in attendance at the school; and

(b) seek to involve them, when decisions require to be made concerning the everyday running of the school.

(4) The education authority shall ensure that there is prepared, without unreasonable delay after the expiry of the period of twelve months immediately following the preparation, in any year, of the development plan—

(a) a report as to what was done, during those twelve months, in implementation of the plan; and

(b) a summary of that report.

(5) The education authority shall ensure that the parents of the pupils in attendance at the school have access without cost to the development plan and the report upon request and receive copies of the summaries prepared by virtue of subsections (1)(b) and (4)(b) above; and any other person shall be entitled to have access to those summaries on request.

(6) The development plan prepared in any year after the first year in which such a plan is prepared for the school may be in the same terms as, or be a revised version of, that prepared in a preceding year or may be prepared anew; but the education authority shall from time to time review the implementation of the plan and if there is in any year a change of circumstances relevant to the plan and of such significance that they conclude that the plan should be revised or prepared anew then they shall ensure that the development plan next prepared is prepared accordingly.

Textual Amendments

F9 Words in s. 6(1)(a) inserted (1.8.2007) by Scottish Schools (Parental Involvement) Act 2006 (asp 8), ss. 3(a), 24(2); S.S.I. 2007/31, art. 2(b), Sch. 2

F10 Words in s. 6(1)(a) substituted (1.8.2007) by Scottish Schools (Parental Involvement) Act 2006 (asp 8), ss. 3(b), 24(2); S.S.I. 2007/31, art. 2(b), Sch. 2

F11 Words in s. 6(2)(a) substituted (1.8.2007) by Scottish Schools (Parental Involvement) Act 2006 (asp 8), ss. 18(5), 24(2); S.S.I. 2007/31, art. 2(b), Sch. 2

7 Review of school performance S

(1) An education authority shall from time to time, after consulting such bodies as appear to the authority to be representative of teachers and parents within their area and giving such persons within that area as appear to the authority to have an interest in the matter an opportunity to make their views known, define and publish, as respects quality of education provided, measures and standards of performance for the schools managed by them; and different measures and standards may be so defined for different categories of such schools.

(2) An education authority shall, as respects each school managed by them, from time to time review the quality of education which the school provides; and if, having regard to the measures and standards of performance for the time being defined by them under subsection (1) above and relevant to the school, they conclude in any such review that the school is not performing satisfactorily they shall take such steps as appear to them to be requisite to remedy the matter.

[F12 (3) Without prejudice to the generality of subsections (1) and (2) above, in those subsections “ quality of education ” includes the extent to which a pupil's parents are involved in the education provided to the pupil. ]

Textual Amendments

F12 S. 7(3) added (1.8.2007) by Scottish Schools (Parental Involvement) Act 2006 (asp 8), ss. 4, 24(2); S.S.I. 2007/31, art. 2(b), Sch. 2