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.
