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Statutory Instrument 1999 No. 1178The Education (School Performance Information) (England) Regulations 1999(The document as of February, 2008) STATUTORY INSTRUMENTS1999 No. 1178The Education (School Performance Information) (England) Regulations 1999
In exercise of the powers conferred on the Secretary of State by sections 408, 537, 537A(1) and (2) and 569(4) and (5) of the Education Act 1996[1] and after consulting with those persons with whom consultation appeared to him to be desirable, the Secretary of State for Education and Employment hereby makes the following Regulations: Citation, commencement and application 1. - (1) These Regulations may be cited as the Education (School Performance Information) (England) Regulations 1999 and shall come into force on 7th May 1999. (2) These Regulations apply in relation to schools in England. Interpretation 2. - (1) In these Regulations, except where the context otherwise requires-
(b) any maintained special or grant-maintained special school which is not established in a hospital; (ii) in relation to the period on and after that date,
(b) any community or foundation special school which is not established in a hospital[5] but excludes any nursery school;
(2) In these Regulations, except where the context otherwise requires-
(b) references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 402 of the 1996 Act; (c) references to key stages are references to the periods set out in section 355(1) of the 1996 Act; and (d) references to a grant-maintained special school or to any other school maintained by an authority do not include such a school which is established in a hospital. (3) Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by computer. Provision of information by head teacher to governing body 5.The head teacher of every maintained school shall each year make available to the governing body information about the matters mentioned in Schedules 1 to 7 for the purpose of enabling the governing body to comply with their obligations under these Regulations in respect of those matters. Provision of first key stage assessment results to the Secretary of State and local education authorities 6. - (1) The governing body of every maintained school except any grant-maintained or grant-maintained special school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage, shall each year, by the end of that term, provide to the authority the information relating to assessment referred to in Schedule 1. (2) The governing body of every grant-maintained or grant-maintained special school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage, shall on or before 15th July 1999, provide to the Secretary of State the information relating to assessment referred to in Schedule 1. Provision of information about second key stage assessment results to the Secretary of State 7.The governing body of every maintained primary or middle deemed secondary school, except a special school, shall, within two weeks of receiving a written request from the Secretary of State, provide him with the information for the reporting school year referred to in Schedule 2. Provision of results of school examinations and of courses leading towards vocational qualifications to the Secretary of State 8.The governing body of every maintained school and the proprietor of every non-maintained special school or independent school with pupils aged 15, 16, 17 or 18 shall, within two weeks of receiving a written request from the Secretary of State, provide him with such particulars relating to public examinations and courses leading to vocational qualifications or units for which registered pupils at the school were entered, and such other information as are referred to-
(b) in the case of a school providing information in respect of pupils aged 16, 17 or 18, in Part II of Schedule 3. Provision of information about authorised and unauthorised absence to the local education authority Provision of information about second and third key stage assessment results to the National Data Collection Agency 12. - (1) The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the second key stage, shall, each year, on or before 11th July, provide to the National Data Collection Agency[12] the information relating to assessment referred to in Part I of Schedule 7. (2) The governing body of every maintained school and the proprietor of every CTC which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the third key stage, or in the case of a CTC has registered pupils aged 14, shall each year, on or before 11th July, provide to the National Data Collection Agency the information relating to assessment referred to in Part II of Schedule 7. Provision of information about second and third key stage assessments to the external marking agency 13. - (1) The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the second key stage, shall each year, as soon as reasonably practicable after the last school day on which NC tests are administered to those pupils in each subject, provide the information referred to in Part III of Schedule 7 to the external marking agency determined by the Qualifications and Curriculum Authority and notified by them to the head teacher of the school pursuant to article 5(3) of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1995[13]. (2) The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the third key stage, shall each year, as soon as reasonably practicable after the last school day on which NC tests are administered to those pupils in each subject, provide the information referred to in Part IV of Schedule 7 to the external marking agency determined by the Qualifications and Curriculum Authority and notified by them to the head teacher of the school pursuant to article 10(3) of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1996[14]. Publication of performance information about primary schools by local education authorities 14. - (1) Each authority shall publish the information about schools in its area referred to in paragraphs (2) and (3), together with the supplementary information referred to in paragraph (4), in the form and manner referred to, respectively, in paragraphs (5) and (6). (2) The information to be published is information for the reporting school year provided to the Secretary of State under these Regulations consisting of, in respect of each maintained primary or middle deemed secondary school (existing after 1st January 1999), except a special school, in the area of the authority which has registered pupils at or near the end of the final year of the second key stage, the following-
(b) in the case of each such school which has eleven or more registered pupils at or near the end of the final year of the second key stage-
(ii) the percentage of such pupils who, in respect of each core subject, failed to achieve a level on the National Curriculum level scale because they were exempted from an NC test under section 364 or 365 of the 1996 Act or were absent on the day that the test was administered; and (iii) the percentage of such pupils who, in respect of each core subject, failed to achieve a level on the National Curriculum level scale because they were exempted from teacher assessment under section 364 or 365 of the 1996 Act or there is no teacher assessment result available because of their absence. (3) The information to be published is the information for the reporting school year referred to in Schedule 6 and provided to the Secretary of State under these Regulations by the governing body of every maintained primary or middle deemed secondary school, except a special school.
(ii) all maintained schools providing primary education in England who, in respect of each core subject, achieved level 4 or above of the National Curriculum level scale as determined by the results of NC tests and by teacher assessment;
(ii) no information, or only some information, under paragraph (2) is published pursuant to paragraph (1) for the school because the governing body of the school failed to provide the information concerned to the Secretary of State; (iii) no information under paragraph (2) is published pursuant to paragraph (1) for the school because the governing body of the school were unable to provide the information to the Secretary of State for reasons beyond their control; (iv) no information under paragraph (2) is published pursuant to paragraph (1) for the school because the school had 10 or fewer registered pupils at or near the end of the final year of the second key stage in the reporting school year; (v) the governing body of the school failed to confirm to the Secretary of State that they have checked the information referred to in paragraph (2); or (vi) the governing body of the school failed to confirm to the Secretary of State that they have checked the information referred to in Schedule 6. (5) The information referred to in paragraphs (2) to (4) shall be published in the form specified in Schedule 8, or a form to like effect, provided that the information referred to in paragraph (4)(a) shall be included on every printed page so published.
(b) The information shall be published without charge before 24th February in each year by-
(ii) providing copies of the document containing the information to the governing body of every maintained school and the proprietor of every CTC in the area of the authority; (iii) providing a copy of the document containing the information to any person providing nursery education, other than at a school, in the area of the authority; and (iv) making available copies of the document containing the information at each public library in the area of the authority.
1. - (1) In respect of each registered pupil at or near the end of the final year of the first key stage, the pupil's gender, date of birth and surname followed by the first name or, if more than one, each first name. (2) In respect of each such pupil, the following information, as appropriate, in respect of each core subject-
(b) whether the pupil was assessed as working towards level 1; (c) whether the pupil was exempted from assessment under section 364 or 365 of the 1996 Act; (d) whether the result of any such standard task assessment is not available because of the pupil's absence; or (e) whether a teacher assessment result is not available because of the pupil's absence. (3) Where such a pupil has been assessed both by standard task assessment in accordance with article 5 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995[16] and by a teacher, both results shall be given. Notes: [1] 1996 c. 56. Section 408 applies in relation to grant-maintained special schools not established in a hospital and their governing bodies by virtue of S.I. 1994/653, which continues to have effect by virtue of paragraph 1 of Schedule 39 to the Education Act 1996. By the same S.I., section 537(7) is applied in relation to grant-maintained special schools and their governing bodies. Section 537A was substituted by paragraph 153 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31) as from 20th November 1998 by virtue of S.I. 1998/2791 and is modified so as to apply to grant-maintained schools by virtue of S.I. 1998/2916. For the meaning of "prescribed" and "regulations" see section 579(1) of the Education Act 1996.back [2] The orders currently in force are the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995 (S.I. 1995/2071, amended by S.I. 1996/2114, 1997/1931 and 1997/2176), the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1995 (S.I. 1995/2072, amended by S.I. 1996/2115 and 1997/2176) and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1996 (S.I. 1996/2116, amended by S.I. 1997/2176).back [3] Grant-maintained and grant-maintained special schools are, as from 1st April 1999, maintained by local education authorities by virtue of regulation 2 of S.I. 1998/2670.back [4] The Qualifications and Curriculum Authority was established under section 21 of the Education Act 1997 (c. 44).back [5] The categories of maintained schools referred to in relation to the period on and after 1st September 1999 are the new categories of maintained schools which are to apply on and after that date by virtue of section 20 of the School Standards and Framework Act 1998; the new categories will replace the existing categories referred to in relation to the period before that date.back [6] S.I. 1980/918, amended by S.I. 1994/581.back [7] For the tests administered in the school year ending before 12th August 1999, the relevant orders are the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order (S.I. 1995/2072, amended by S.I. 1996/2176) and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1996 (S.I. 1996/2116, amended by S.I. 1997/2176).back [8] The current regulations are the Education (Prescribed Public Examination) Regulations 1989 (S.I. 1989/377).back [9] S.I. 1995/2089, amended by S.I. 1997/2624.back [10] S.I. 1998/1929.back [11] S.I. 1998/3260.back [12] The National Data Collection Agency is a body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating information relating to pupils.back [13] S.I. 1995/2072, amended by S.I. 1996/2155 and 1997/2176.back [14] S.I. 1996/2116, amended by S.I. 1997/2176.back [15] The Citizen's Charter Unit forms part of the Office of Public Services in the Cabinet Office and a Charter Mark is an award for excellence in public services.back [16] S.I. 1995/2071, amended by S.I. 1996/2114, 1997/1931 and 1997/2176.back | |
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