Charters
Section 11 – The learner charter
24.Section 11 requires Qualifications Scotland to prepare and publish a learner charter within 6 months of this section coming into force. The charter must be prepared in collaboration with the Learner Interest Committee (as established by paragraph 11 of schedule 1) and such other invited persons as wish to participate.
25.The charter must set out what children, young people and adults undertaking a qualification devised or awarded by Qualifications Scotland should expect from Qualifications Scotland in the exercise of its functions. For example, these expectations could include: how and when Qualifications Scotland communicates with and involves learners; how Qualifications Scotland adapts processes to meet different learner needs or interests; or how it will remove barriers to accessing qualifications and awards for different learners. The learner charter may also include such other information as Qualifications Scotland considers appropriate. In the preparation of the charter, Qualifications Scotland must have regard to the desirability of the charter securing better or further effect of the rights of children.
26.The persons Qualifications Scotland invites to participate in the preparation of the learner charter must include children and young people undertaking a Qualifications Scotland qualification, parents of children and young people undertaking such a qualification, other persons undertaking such a qualification, other persons whom Qualifications Scotland believes represent the interests of persons undertaking such qualifications, persons undertaking such a qualification who use British Sign Language, persons who have educational support needs (as defined in section 63(1)), persons who have experience of being in the care system as children and young people, and persons who are from socio-economically disadvantaged backgrounds. When inviting people to participate in the preparation of the charter, Qualifications Scotland must encourage equal opportunities and in particular the observance of the equal opportunity requirements. The preparation of the charter may take place before this section comes into force.
27.Prior to the finalisation of the charter, Qualifications Scotland must provide the Strategic Advisory Council (see paragraphs 19 to 21 of these Notes) and the Scottish Ministers with the opportunity to comment on the charter, and must have regard to any comments received from the council and Ministers in response.
Section 12 – The teacher and practitioner charter
28.Section 12 requires Qualifications Scotland to prepare and publish a teacher and practitioner charter within 6 months of this section coming into force. This charter must be prepared in collaboration with the Teacher and Practitioner Interest Committee (as established by paragraph 12 of schedule 1) and such other invited persons as wish to participate.
29.The charter must set out what persons providing teaching or training in respect of a qualification devised or awarded by Qualifications Scotland should expect from Qualifications Scotland in the exercise of its functions. For example, these expectations could include: how and when Qualifications Scotland communicates with and involves teachers and other practitioners; what Qualifications Scotland will do to act on teacher and other practitioners’ concerns with qualifications or assessments; or how teachers and other practitioners are better supported in delivering learning and teaching for Qualifications Scotland qualifications. The teacher and practitioner charter may also include such other information as Qualifications Scotland considers appropriate.
30.The persons Qualifications Scotland invites to participate in the preparation of the teacher and practitioner charter must include persons providing teaching or training for a Qualifications Scotland qualification, persons training to be a teacher, and persons whom Qualifications Scotland believes represent the interests of such persons. When inviting persons to participate in the preparation of the charter, Qualifications Scotland must encourage equal opportunities, and in particular the observance of the equal opportunity requirements. The preparation of the charter may take place before this section comes into force.
31.Prior to the finalisation of the charter, Qualifications Scotland must provide the Strategic Advisory Council (see paragraphs 19 to 21 of these Notes) and the Scottish Ministers with the opportunity to comment on the charter, and must have regard to any comments received from the council and Ministers in response.
Section 13 – Reviewing and revising the charters
32.Qualifications Scotland must review each of the charters within 5 years of their respective publication dates, and then within 5 years of each subsequent review relating to that charter. Qualifications Scotland may revise a charter following a review of that charter, and must publish any revised version as soon as reasonably practicable. As any revised charter will still be “the charter”, the rules about its content (as set out in sections 11 and 12 respectively) will apply automatically. The requirements for collaborative production of the charters which are set out in sections 11 and 12 apply to production of any revised charters.
Section 14 – Other charters
33.Qualifications Scotland must, from time to time, consider whether to prepare and publish charters for persons using its services, other than those covered by the learner charter and the teacher and practitioner charter (provided for in sections 11 and 12 respectively).
