Prescribing the minimum annual number of learning hours: consultation

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Closes 13 Jun 2023

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Questions

Introduction

This consultation sets out Ministers’ proposal to set in law the minimum number of learning hours provided in public and grant aided schools, and invites views on this proposal and its implementation. 

Section 21 of the Education (Scotland) Act 2016 (“the 2016 Act”) inserts section 2ZA into the Education (Scotland) Act 1980 (“the 1980 Act”) which makes provision about learning hours and gives powers to Scottish Ministers to make regulations to prescribe the minimum number of learning hours per academic year.  

Learning hours are the period of teaching that learners receive within the school day. In most cases, they do not include lunch and other break times or extra-curricular activities or provision such as breakfast clubs that may take place around the core school day. It has been accepted practice for at least the last 40 years  that around 25 hours per week (or 950 hours per academic year) of teaching time is made available in most local authority run primary schools; and 27.5 hours per week (or 1045 hours per academic year) in most local authority run secondary schools.  

Regulations and guidance will specify the minimum number of learning hours per annum, how these should apply, including any variation where appropriate, and effectively provide a statutory basis for the pupil year.    

There is currently some variation in delivery across Scotland that has arisen for a range of reasons.  For example, the variation may relate to rural transport requirements, to meet the needs of the youngest pupils or to ensure older pupils can access flexible options as part of their senior phase.  We wish to understand, and give careful consideration to, this variation, both to avoid unintended consequences where this variation is appropriate but also to ensure that similar and equitable provision is available to pupils wherever they go to school in Scotland.  

There are also differences in local delivery, for example, with some areas operating an asymmetric week with some longer and some shorter days.  There is no intention to constrain this local variation. 

Read the consultation paper

1. Should the Scottish Government set in law the minimum learning hours pupils in Scotland should receive?
2. Do you agree that the minimum annual learning hours should be 950 hours for primary schools?
3. Do you agree that the minimum annual learning hours should be 1045 hours for secondary schools?
4. Do you agree with the suggested definition of learning hours set out at paragraph 2.1 in the consultation paper?

What do we mean by learning hours?

Learning hours are the period of teaching that learners receive within the school day. In most cases, they do not include lunch and other break times or extra-curricular activities or provision such as breakfast clubs that may take place around the core school day. It has been accepted practice for at least the last 40 years  that around 25 hours per week (or 950 hours per academic year) of teaching time is made available in most local authority run primary schools; and 27.5 hours per week (or 1045 hours per academic year) in most local authority run secondary schools.

5. Apart from the exemptions outlined in this paper are there any other circumstances where a variation to the number of learning hours provided may be needed?

More information

Exemptions

Section 2ZA(4) of the 1980 Act makes provision for circumstances where education authorities may make available fewer than the minimum number of prescribed hours, without the need to apply for an exemption. Those circumstances are: 

  • where the pupil's wellbeing would be adversely affected;  
  • where matters outwith the authority's control make it impracticable to make the prescribed hours available; and  
  • where other circumstances that Ministers may prescribe by regulations apply. 

We would welcome views on whether there are other such circumstances that should be specified in learning hours regulations. 

6. Are there any further views you wish to share regarding this proposal?