In message
<[log in to unmask]>, at
17:26:46 on Tue, 16 Apr 2013, Lawrence Serewicz
<[log in to unmask]> writes
>Roland,
>I am not sure why there would have been a drawn out debate.
In the case I have in mind, because the school knew that the custodial
parent and the child did not want the estranged parent to have the
child's timetable - specifically the notification of when the child
would be playing outdoor sports and therefore potentially accessible to
the estranged parent.
The debate was whether, in those circumstances, the school was allowed
to with-hold the timetable from the estranged parent.
What's your view on that specific point - would you disclose the
timetable, or not?
>The legislation defines the educational record so there should not be
>much debate given the breadth of the definition. One could almost ask
>what is *not* an Educational Record to get to the heart of the issue,
>which is only the teacher's records for teacher purposes. Everything
>else seems to be captured as it relates to the child.
>
>http://www.education.gov.uk/schools/pupilsupport/parents/keepinginformed
>/a0014921/pupil-reports-and-records
>Which leads to the specific statutory instrument:
>
>http://www.legislation.gov.uk/uksi/2005/1437/made
>
>The definition in that SI is as follows. Given the scope of paragraph 3
>1 (a-c) The timetable is definitely going to be part of an educational
>record. Unless, I am misunderstanding the legislation or what is meant
>by record of information, the timetable would be included. There may
>be a difference between curricular and educational record, but I think
>curricular is a subset of educational in any case.
>
>Best,
>
>Lawrence
>
>
>
>Meaning of educational record
>3.—(1) Subject to paragraph (4), in these Regulations “educational
>record” means any record of information which—
>
>(a)is processed by or on behalf of the governing body of, or a teacher
>at, any school specified in paragraph (2); .
>(b)relates to any person who is or has been a pupil at any such school; and .
>(c)originated from or was supplied by or on behalf of any of the
>persons specified in paragraph (3), .
>other than information which is processed by a teacher solely for the
>teacher’s own use.
>
>(2) The schools referred to in paragraph (1)(a) are—
>
>(a)any school maintained by a local education authority; and .
>(b)any special school which is not so maintained. .
>
>(3) The persons referred to in paragraph (1)(c) are—
>
>(a)any employee of the local education authority which maintains the
>school or former school attended by the pupil to whom the record
>relates; .
>(b)in the case of— .
>(i)a voluntary aided, foundation or foundation special school; or .
>(ii)a special school which is not maintained by a local education authority, .
>any teacher or other employee at the school or at the pupil’s former
>school (including any educational psychologist engaged by the governing
>body under a contract for services);
>(c)the pupil to whom the record relates; and .
>(d)a parent of that pupil. .
>(4) In addition to the information referred to in paragraph (1), an
>educational record includes—
>
>(a)any statement of special educational needs; and .
>(b)any personal education plan, .
>relating to the pupil concerned.
>
>(5) For the purposes of this regulation, “processed” shall be
>construed in accordance with the definition of “processing” in
>section 1(1) of the Data Protection Act 1998(7).
>
>
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--
Roland Perry
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