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SECTION 8
Pupil Welfare and Support
8.1 Schools and colleges have a duty of
care to pupils.
8.2 The Scottish Executive published in
March 2004 its national, multi-agency framework for
standards for child protection,
28 which translated the
Charter for Protecting Children and Young
People into practice. The framework was sent to
schools and colleges. Its content will be reflected in
their procedures and actions.
8.3 Section 12(3) of the Further and
Higher Education Act 1992
29 places an obligation on
incorporated colleges to
"have regard to the requirements of persons over school
age who have learning difficulties". Once the relevant
provisions in the Further and Higher Education (Scotland)
Bill, are in force, this will similarly apply to school age
pupils so that incorporated colleges will be required to
have regard to their needs.
8.4 Relevant legislative requirements and
recommendations for best practice on matters including
pupil welfare and support are included in the guide which
accompanies this strategy. It also includes a model
Partnership Agreement for schools, local authorities and
colleges; a model 'Student Agreement', which spells out
pupils' rights and responsibilities arising from their
enrolment as college students; and outlines the
circumstances where pupils below S5 could exceptionally
attend college full-time.
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