The Education (Scotland) Act 1872 made primary education universal and mandatory in Scotland; poverty was no longer an excuse for truancy. The Act also banned teaching Scottish Gaelic or through the medium of the language.
In 1866 the government established the Argyll Commission, under Whig grandee George Campbell, 8th Duke of Argyll, to look into the schooling system. It found that of 500,000 children in need of education 200,000 were receiving it under efficient conditions, 200,000 in schools of doubtful merit, without any inspection and 90,000 were receiving no education at all. Although this compared favourably with the situation in England, with 14 per cent more children in education and with relatively low illiteracy rates of between 10 and 20 per cent, similar to those in the best educated nations such as those in Germany, the Netherlands, Switzerland and Scandinavia, the report was used as support for widespread reform. The result was the 1872 Education (Scotland) Act, based on that passed for England and Wales as the Elementary Education Act in 1870, but providing a more comprehensive solution.
Under the act approximately 1,000 regional School Boards were established and, unlike in England where they merely attempted to fill gaps in provision, immediately took over the schools of the old and new kirks and were able to begin to enforce attendance, rather than after the decade necessary in England. Some ragged and industrial schools requested to be taken over by the boards, while others continued as Sunday schools. All children aged from 5 to 13 years were to attend. Poverty was not accepted as an excuse and some help was supplied under the poor law. This was enforced by the School Attendance Committee, while the boards busied themselves with building to fill the gaps in provision. This resulted in a major programme that created large numbers of grand, purpose-built schools. Overall administration was in the hands of the Scotch (later Scottish) Education Department in London. Demand for places was high and for a generation after the act there was overcrowding in many classrooms, with up to 70 children being taught in one room. The emphasis on a set number of passes at exams also led to much learning by rote and the system of inspection led to even the weakest children being drilled with certain facts.