Prescribing the minimum annual number of learning hours: consultation

5. Number of school days each year

5.1 While learning hours are not currently prescribed, the number of school days is set in law in Scotland (and England). Regulation 5 of the Schools General (Scotland) Regulations 1975, as amended, requires schools to be open for a minimum of 190 days in a school year. This requirement is unaffected by the proposals being consulted upon here.

5.2 There is legislative provision which allows for schools not to deliver the 190 day requirements in limited circumstances. Section 133(4) of the 1980 Act allows Scottish Ministers, on application by an education authority, to modify the application of the 190 day requirement by way of a direction, provided Ministers are satisfied that it would be unreasonable for the requirement to apply, or to apply without modification. For example, this process can be used to permit unavoidable ad hoc closures of schools, such as to move from one school building to another, or to mark additional public holidays such as that observed for the Queen's State Funeral in September 2022.