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.