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Statutory Instrument 1992 No. 3168
The Education (Individual Pupils' Achievements) (Information) Regulations 1992
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1992 No. 3168
EDUCATION, ENGLAND AND WALES
The Education (Individual Pupils' Achievements) (Information) Regulations 1992
| Laid before Parliament | 14th December 1992 |
| Coming into force | 4th January 1993 |
In exercise of the powers conferred on the Secretary of State by sections 22, 218(1)(f) and 232(5) of the Education Reform Act 1988[1], and after consulting with those persons with whom consultation appeared to him to be desirable, the Secretary of State for Education hereby makes the following Regulations: Citation and commencement
1.—(1) These Regulations may be cited as the Education (Individual Pupils' Achievements) (Information) Regulations 1992 and shall come into force on 4th January 1993.
(2) These Regulations extend to England only.
Definitions
2.—(1) In these Regulations—"the Act" means the Education Reform Act 1988; "attendance record" means the record of a pupil's school attendance contained in the Attendance Register kept in accordance with section 80 of the Education Act 1944[2] and the Pupils' Registration Regulations 1956[3]; "GCE 'A' level" and "GCE 'AS'" mean General Certificate of Education advanced level and advanced supplementary respectively; "GCSE" means General Certificate of Secondary Education; "key stage" means any of the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Act, and a reference to the first, second, third or fourth key stage is a reference to the periods set out respectively in the said paragraphs (a) to (d); "levels" means the levels of attainment set out in any document of a kind referred to in section 4(4) of the Act the provisions of which have effect, or (as the case may be) have effect as amended, by virtue of any Order made under section 4(2)(a) or (b) of the Act and, unless the context otherwise requires, means such levels determined in accordance with the statutory arrangements; "maintained school" has the meaning assigned to it by section 25(1) of the Act; "NC tests" has the same meaning as in the Education (National Curriculum) (Assessment Arrangements for English, Mathematics, Science and Technology) (Key Stage 3) Order 1992[4]; "profile component" means any grouping of attainment targets for the purposes of the statutory arrangements; "qualification" means a qualification for the time being approved pursuant to section 5 of the Act; "school day" means a day on which the school meets; and "the statutory arrangements" means assessment arrangements specified by orders made under section 4(2)(c) of the Act.
(2) In these Regulations references to pupils aged 15 or 17 are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the school year in which they took GCSE examinations or GCE 'A' and 'AS' examinations respectively.
(3) In these Regulations a reference to an attainment target, profile component or subject from which a pupil is exempt is to an attainment target, profile component or subject which does not apply to a pupil by virtue of regulations made under section 17 of the Act, provision made pursuant to section 18 of the Act in the pupil's statement of special educational needs made under section 7 of the Education Act 1981[5], or a direction given by the head teacher pursuant to regulations made under section 19 of the Act[6].
(4) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
(5) Any average number calculated for the purposes of these Regulations shall be calculated to the nearest whole number (halves being rounded upwards) and in calculating an average number relating to examination points scores the results of pupils who were entered for an examination but failed to attain any pass grade shall be taken into account.
Head teacher's report to parents and adult pupils
3.—(1) The head teacher of every maintained school shall each school year make available in writing to the parent of each registered pupil at the school and to each such pupil who has attained or will attain the age of 18 years before 31st August next following the end of that year a report containing— (a) the information relating to the pupil's educational achievements and the other information relating to him specified— (i) as respects pupils in the final year of a key stage, in Part 1 of Schedule 1 hereto; (ii) as respects pupils in a year of a key stage other than the final year, in Part 2 of that Schedule; (iii) as respects pupils aged at least 17 who have taken GCE 'A' level or GCE 'AS' examinations, in Part 3 of that Schedule; and (iv) as respects all pupils, in Part 4 of that Schedule; and (b) in the case of a pupil at the end of a key stage or who has taken examinations for the GCSE or GCE "A' level and "AS' examinations, the information relating to the educational achievements of all other such pupils at the school and of all such pupils at schools in England whose achievements were assessed or examined (as the case may be) at the same time as the pupil's, and the other information relating to such pupils, specified in Schedule 2 hereto.
(2) The head teacher shall send the report by post or otherwise— (a) in the case of a pupil in the final year of the first or second key stage, during the period beginning on 1st June and ending with the earlier of the end of the summer term and of 31st July; (b) in the case of a pupil in the final year of the third or fourth key stage, subject to paragraph (3) during the period beginning with 15th June and ending with the earlier of the end of the summer term and of 31st July; (c) in any other case, subject to paragraph (3) at any time before the earlier of the end of the summer term and of 31st July:
Provided that the period to which the report relates shall in all cases begin with the end of the period to which the report last made pursuant to these Regulations or as the case may be the regulations revoked by regulation 11 related, or the pupil's admission to the school, whichever is the later.
(3) Where the report includes the results of public examinations taken by a pupil at the end of the fourth key stage or who is over compulsory school age and not in any key stage, or of NC tests taken by a pupil at the end of the third key stage which are subject to verification by a designated body in accordance with the Education (National Curriculum) (Assessment Arrangements for English, Mathematics, Science and Techno logy) (Key Stage 3) Order 1992, and the results are not received by the head teacher until after the earlier of the end of the summer term and of 31st July, he shall send the report as soon as practicable and in any event not later than the following 30th September.
(4) In sub-paragraph (b) of paragraph (1) and Schedule 2 the reference to pupils at schools in England is to pupils at all such maintained schools and at such independent schools whose achievements were assessed as if the statutory arrangements applied to them or, as the case may be, who took the examinations mentioned in that sub-paragraph and that Schedule.
(5) Where the information consists of levels it shall be accompanied by a brief explanatory commentary designed to enable a parent to understand his child's progress in the subject individually and in relation to other children in the same year of the key stage and if the levels have been determined in accordance with the statutory arrangements they shall be accompanied by a statement to that effect.
Additional information to be made available
4.—(1) In the case of a pupil at the end of the first or second key stage, the head teacher shall if requested by the pupil's parent make available to the parent information consisting of his levels in each attainment target in history, geography and technology.
(2) The head teacher shall comply with such a request within fifteen school days of its receipt by him.
School leaver's report
5.—(1) The head teacher of every maintained school shall make available to any pupil who has ceased to be of compulsory school age and is proposing to leave or has left the school the information referred to in paragraph (2).
(2) The information consists of— (a) the levels attained by the pupil in each foundation subject and each attainment target of a foundation subject, determined by his most recent assessment in accordance with the statutory arrangements; (b) the results of any public examination taken by the pupil and any qualification and credits towards a qualification awarded to him; and (c) brief particulars of the pupil's progress and achievements in other subjects and activities forming part of the school curriculum in the school year during or at the end of which the pupil left the school.
(3) The information referred to in subparagraphs (a) and (c) of paragraph (2) shall be included under the heading "School Achievements" in the form specified in Schedule 3, or a form to the like effect, and that part of the form shall be signed by a teacher who is familiar with the pupil and his achievements, and the information referred to in subparagraph (b) of paragraph (2) shall be so included under the heading "Qualifications and Credits" and that part of the form shall be signed by or on behalf of the head teacher and countersigned by a teacher who is familiar with the pupil and his achievements.
(4) Any form in which the information referred to in paragraph (2) is made available shall provide for signature by the pupil.
(5) Such information shall be made available to the pupil not later than 30th September next following the end of the school year during or at the end of which the pupil left the school.
Report when pupil changes schools
6.—(1) Subject to paragraph (4) where a pupil ceases to be a registered pupil at a maintained school (his "old" school) and becomes a registered pupil at another school (his "new" school), the head teacher of the pupil's old school shall at the time referred to in paragraph (3) send to the head teacher of his new school a report about the pupil containing the information referred to in paragraph (2).
(2) The information is— (a) the levels achieved by the pupil at or near the end of each key stage in each attainment target and subject; (b) in the case of a pupil of compulsory school age, his teachers' most recent assessments, since he was last assessed in accordance with the statutory arrangements, of his achievements in relation to all attainment targets in the foundation subjects which apply to him; and (c) the results of any public examination taken by him (including results of such examinations taken when the pupil was a registered pupil at another maintained school).
(3) The head teacher of the pupil's old school shall send the report within 15 school days of the pupil's ceasing to be registered at the school.
(4) This regulation does not apply where it is not reasonably practicable for the head teacher of the old school to ascertain the pupil's new school, nor where the pupil was registered at his old school for less than four weeks.
(5) Notwithstanding paragraph (4) if the head teacher of the pupil's old school receives at any time a request from the head teacher of the pupil's new school for a report about the pupil he shall send one containing the information referred to in paragraph (2) within 15 school days of receiving the request.
Savings
7.—(1) The provisions of this regulation apply to the information required to be provided by regulation 3 or 5 consisting of brief particulars of a pupil's skills and abilities and general progress.
(2) Nothing in regulation 3 or 5 shall require the making available of any information— (a) originating from or supplied by or on behalf of any person other than— (i) an employee of the local education authority which maintains the school; (ii) in the case of a grant-maintained or voluntary aided school, a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services); (iii) an education welfare officer (within the meaning of the Education (No. 2) Act 1986)[7] or (iv) the person requesting disclosure; or (b) to the extent that it would reveal, or enable to be deduced, the identity of a person (other than the pupil to whom that information relates or a person mentioned in sub-paragraph (a)) as the source of the information or as a person to whom that information relates; or (c) to the extent that disclosure would in the opinion of the head teacher be likely to cause serious harm to the physical or mental health or emotional condition of the pupil to whom the information relates or of any other person; or (d) to the extent that in the opinion of the head teacher it is relevant to the question whether the pupil to which it relates is or has been the subject of or may be at risk of child abuse; or (e) so as to disclose the levels in any attainment target or subject of any other pupil.
(3) In this regulation "child abuse" includes physical (other than accidental) injury to, and physical and emotional neglect, ill-treatment or sexual abuse of, a child.
Amendment of Education (School Records) Regulations 1989
8. The Education (School Records) Regulations 1989[8] shall be amended— (a) by the addition at the end of paragraph (3) of regulation 6 of the following words—"and the curricular record shall not include the results of any assessment of the pupil's achievements (whether under Chapter I of Part I of the Education Reform Act 1988 or otherwise)";
(b) by the substitution for paragraph (4) of that regulation of the following—" (4) Paragraph (1)(c) does not apply to that part of a curricular record consisting of the results of any assessment of a pupil's achievements (whether under Chapter I of Part I of the Education Reform Act 1988 or otherwise), and in that subparagraph "inaccurate" means inaccurate or misleading as to any matter of fact."
(c) by the addition at the end of that regulation of the following paragraph—" (6) Nothing in paragraph (3) shall be taken to prevent the disclosure and supply of copies of the results of a pupil's assessment to the head teacher of a school to which a pupil transfers following his consideration for admission thereto."; and
(d) by the deletion of paragraph (1)(b) of regulation 12. Translation of report
9. If it appears requisite to the head teacher of any school that any such information should be translated into a language other than English, it shall be so translated and these Regulations shall apply to the translated information as they apply to the original information. Qualification of head teacher's duty
10. The duty imposed on a head teacher by regulation 3, read with Schedule 2, to provide information relating to the educational achievements of pupils at schools in England applies only to the extent that such information has been made available to the head teacher by the Secretary of State in sufficient time to enable the head teacher to provide it in accordance with that regulation. Revocation
11. The Education (Individual Pupils' Achievements) (Information) Regulations 1990[9] and regulation 2 of the Education (Individual Pupils' Achievements, School Records and School Curriculum) (Amendment) Regulations 1992[10] are revoked.
Notes:[1] 1988 c. 40; section 22 was amended by the Education (Schools) Act 1992 (c. 38), paragraph 6 of Schedule 4.
[2] 1944 c. 31; section 80 was repealed in part and extended by section 4 of and Schedule 2 to the Education (Miscellaneous Provisions) Act 1948 (c. 40) and was amended by Schedule 1 to the Education Act 1980 (c. 20) and paragraph 58 of Schedule 12 to the Education Reform Act 1988. For matters to be prescribed see section 114(1) of the Education Act 1944.
[3] S.I. 1956/357, amended by S.I. 1987/1285, 1988/1185 and 1991/1582.
[4] S.I. 1992/1858.
[5] 1981 c. 60.
[6] The current regulations are the Education (National Curriculum) (Temporary Exceptions for Individual Pupils) Regulations 1989 (S.I. 1989/1181).
[7] 1986 c. 61.
[8] S.I. 1989/1261; amended by S.I. 1992/1089.
[9] S.I. 1990/1381.
[10] S.I. 1992/1089.
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