Statutory Instrument 1999 No. 1439

The Education Development Plans (Wales) Regulations 1999

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1999 No. 1439

EDUCATION, ENGLAND AND WALES

WALES

The Education Development Plans (Wales) Regulations 1999

	Made	19th May 1999
	Laid before Parliament	26th May 1999
	Coming into force	16th June 1999

In exercise of the powers conferred on the Secretary of State by sections 6(4) and (5), 7(1) and (9) and 138(7) and (8) of the School Standards and Framework Act 1998[1], the Secretary of State for Wales hereby makes the following Regulations:-



PART I
GENERAL
Citation, commencement and application
    1. - (1) These Regulations may be cited as the Education Development Plans (Wales) Regulations 1999 and shall come into force on 16th June 1999.

    (2) These Regulations apply only in relation to local education authorities in Wales.

Interpretation
    2. - (1) In these Regulations, unless the context otherwise requires-

"the 1996 Act" means the Education Act 1996[2];

"the 1998 Act" means the School Standards and Framework Act 1998;

"the 1998 Regulations" means the Education (School Performance Targets) (Wales) Regulations 1998[3];

"the 1999 Regulations" means the Financing of Maintained Schools Regulations 1999[4];

"to achieve the Core Subject Indicator" means-

(i) in relation to second key stage pupils, that those pupils are to be assessed as having achieved level 4 or above in NC tests for that key stage in English or Welsh (other than Welsh second language) and in both mathematics and science,

(ii) in relation to third key stage pupils, that those pupils are to be assessed as having achieved level 5 or above in NC tests for that key stage in English or Welsh (other than Welsh second language) and in both mathematics and science, and

(iii) in relation to pupils who will attain the age of 16 years during the school year in question, that those pupils are to have achieved any grade from A* to C in a GCSE examination in English or Welsh (other than Welsh second language) and in both a GCSE examination in mathematics and a GCSE examination in science;

"annexes" means annexes to a statement of proposals comprising part of an education strategic plan;

"the Assembly" means the National Assembly for Wales[5];

"authority" means local education authority;

"CoEA" means Certificate of Educational Achievement;

"the core subjects" has the meaning given to it in section 354(1) of the 1996 Act;

"education strategic plan" means an education development plan prepared by an authority in accordance with section 6(1) of the 1998 Act;

"the first day of the plan" in relation to an education strategic plan means the first day of the period to which that plan relates;

"full plan" means an education strategic plan to be prepared by an education authority dealing with the matters and containing the material specified in Parts II and III of these regulations;

"GCSE" means a General Certificate of Secondary Education, and "GCSE examination" means an examination, the course leading to which is a full GCSE course of study;

"GCSE short course" means a GCSE course designed to cover a proportion only (being not less than half) of the corresponding full GCSE course of study, and to which the same grading standards are applied, and "GCSE short course examination" means an examination, the course leading to which is a GCSE short course;

"GNVQ" means a General National Vocational Qualification;

"interim year" means a school year beginning either one or two years after the expiration of the first school year in the period of a full plan and "first interim year" and "second interim year" shall be construed accordingly;

"key stage 2" and "key stage 3" mean the periods specified in paragraphs (b) and (c) respectively of section 355(1) of the 1996 Act;

"level 4" and "level 5" mean levels 4 and 5 respectively of the National Curriculum level scale as determined by the results of NC tests;

"maintained school" means, in the period ending immediately before 1st September 1999, a county, voluntary or maintained special school or a grant-maintained or grant-maintained special school and, in relation to any time on or after 1st September 1999, means a community, foundation or voluntary school or a community or foundation special school;

"NC tests" means National Curriculum tests administered to pupils for the purpose of assessing the level of attainment which they have achieved in English, Welsh, science or mathematics, being tests laid down in provisions made by the Secretary of State or the Assembly under the appropriate order made under section 356(2) of the 1996 Act in force when those tests are administered[6];

"NVQ" means National Vocational Qualification;

"period of the plan" means the period specified in regulation 3;

"pupil" has the meaning given to it in section 3 of the 1996 Act;

"school year" means a period of one year beginning on 1st September;

"Schools' Census enumeration date" means the date by reference to which the Secretary of State or the Assembly annually requires information to be provided relating to maintained schools in Wales pursuant to section 29(1) of the 1996 Act;

"schools maintained by the authority" do not include schools which are not maintained schools as defined herein;

"second key stage pupils" and "third key stage pupils" mean pupils who are in the second and third key stages respectively;

"special educational needs" has the meaning given to it by section 312(1) of the Education Act 1996;

"supplementary plan" means an education strategic plan dealing with the matters and containing the material specified in Part IV of these regulations; and

"vocational qualification" means-

(a) a Part One GNVQ,

(b) an Intermediate GNVQ,

(c) a Foundation GNVQ,

(d) a GNVQ Language Unit, or

(e) an NVQ,

approved under section 400 of the 1996 Act or section 37 of the Education Act 1997[7].

    (2) In these Regulations a reference-

(a) to a numbered regulation is to the regulation in these Regulations bearing that number;

(b) in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

unless the context requires otherwise.

    (3) Any reference in these Regulations to a pupil achieving-

(a) a grade in a GCSE examination,

(b) a vocational qualification, or

(c) a grade in a GCSE short course examination,

by the end of a school year, shall be construed as a reference to that pupil achieving that grade or qualification in the school year in which he-

(i) takes that examination, or

(ii) (as the case may be) completes the course leading to the award of that qualification,



and irrespective of whether the decision to award the grade or qualification is made in a later school year.

Period to which the statement of proposals must relate
    3. - (1) The statement of proposals in the first full plan must relate to a period of 3 school years beginning on 1st September 1999.

    (2) The statement of proposals in a subsequent full plan must relate to a period of 3 school years, beginning at the expiration of the period of the most recent previous full plan.

    (3) The statement of proposals in a supplementary plan for the first interim year must relate to a period of 3 school years beginning at the expiration of the first school year in the period of the most recent full plan.

    (4) The statement of proposals in a supplementary plan for the second interim year must relate to a period of 3 school years beginning at the expiration of the second school year in the period of the most recent full plan.

Submission of education strategic plans to the Secretary of State or the Assembly
    4. - (1) Each authority must-

(a) submit its first full plan to the Secretary of State on or before 30th June 1999; and

(b) submit a subsequent full plan to the Assembly on or before 30th April preceding the first day of that plan.

    (2) Each authority must submit a supplementary plan to the Assembly on or before 30th April preceding each interim year.

Publication of the education strategic plan
    5. - (1) Each authority must publish a full copy of its approved plan by-

(a) making it available for inspection at the authority's offices, and

(b) laying it before the Assembly,

on or before the first day of the plan, or as soon as reasonably practicable after the plan has been approved, if later.

    (2) Each authority must provide a copy of its approved plan, or a summary version thereof, to-

(a) the head teacher and chair of the governing body of every school maintained by the authority; and

(b) any other person on the written request of that person.

    (3) In this regulation "approved plan" means a full, supplementary or modified education strategic plan, in which the statement of proposals has been approved under section 7(2) or 7(8) of the 1998 Act, and "approved" in relation to such a plan shall be construed accordingly.

PART II
FULL PLANS - STATEMENT OF PROPOSALS
Priorities for school improvement
    6.The statement of proposals in a full plan shall-

(a) set out the priorities identified by the authority for raising the standards of education provided for children in the authority's area during the period of the plan and for improving the performance of schools maintained by the authority during that period;

(b) specify in respect of each of the priorities identified in accordance with paragraph (a) the basis on which it was identified and how it will contribute to achieving the targets referred to in regulation 8;

(c) in respect of each of the priorities identified in accordance with paragraph (a) list the activities the authority propose to undertake during the period of the plan to address that priority; and

(d) contain a statement setting out how the authority intend to identify and support schools, the performance of whose pupils is low or is lower than the authority believe should be the case.

Pupils with special educational needs
    7.The statement of proposals in a full plan shall-

(a) set out the authority's policy on the provision of education to pupils with special educational needs;

(b) set out the authority's policy for provision of education to such pupils in mainstream schools;

(c) specify the authority's proposals for providing and improving support for pupils with special educational needs during the period of the plan; and

(d) specify the authority's proposals for promoting their policy on inclusion of pupils with special educational needs in mainstream schools during the period of the plan.

Final, reviewed and provisional targets
    8. - (1) The statement of proposals in a full plan shall specify targets to be set by the authority in connection with the matters referred to in paragraph (2), as follows-

(a) final targets for the first school year in the period of the plan;

(b) reviewed targets for the second school year in the period of the plan; and

(c) provisional targets for the third school year in the period of the plan.

    (2) The matters referred to in paragraph (1) are-

(a) the achievements of second key stage pupils as set out in regulation 9;

(b) the achievements of third key stage pupils as set out in regulation 10;

(c) the achievements of pupils who will attain the age of 16 years as set out in regulation 11;

(d) the percentage of pupils not entered for examinations as set out in regulation 12;

(e) the number of permanent exclusions as set out in regulation 13;

(f) where a previous supplementary plan contains targets for fixed term exclusions, the number of fixed term exclusions as set out in regulation 14; and

(g) where a previous supplementary plan contains targets for unauthorised absences, the number of unauthorised absences as set out in regulation 15.

Pupils in the second key stage
    9. - (1) The achievements of second key stage pupils referred to in regulation 8 are the achievements set out in paragraph (2) in connection with the performance of the relevant group of such pupils in NC tests to be administered to that group at or near the end of each of the school years in respect of which the target is to be set.

    (2) The achievements referred to in paragraph (1) are-

(a) for each of the core subjects, the percentage of pupils to achieve level 4 or above in such tests in that subject;

(b) the percentage of pupils to achieve the core subject indicator in such tests;

(c) the percentage of girls to achieve the core subject indicator in such tests; and

(d) the percentage of boys to achieve the core subject indicator in such tests.

    (3) In this regulation, "the relevant group of such pupils", in relation to a school year, means all persons who the authority estimate will, in that school year-

(a) be registered pupils at a school maintained by the authority, and

(b) be in the final year of the second key stage.

Pupils in the third key stage
    10. - (1) The achievements of third key stage pupils referred to in regulation 8 are the achievements set out in paragraph (2) in connection with the performance of the relevant group of such pupils in NC tests to be administered to that group at or near the end of each of the school years in respect of which the target is to be set.

    (2) The achievements referred to in paragraph (1) are-

(a) for each of the core subjects, the percentage of pupils to achieve level 5 or above in such tests in that subject;

(b) the percentage of pupils to achieve the core subject indicator in such tests;

(c) the percentage of girls to achieve the core subject indicator in such tests; and

(d) the percentage of boys to achieve the core subject indicator in such tests.

    (3) In this regulation, "the relevant group of such pupils", in relation to a school year, means all persons who the authority estimate will, in that school year-

(a) be registered pupils at a school maintained by the authority, and

(b) be in the final year of the third key stage.

Pupils who will attain the age of 16 years
    11. - (1) The achievements of pupils who will attain the age of 16 years referred to in regulation 8 are the achievements referred to in paragraph (2) in connection with the performance of the relevant group of pupils who will attain the age of 16 years in examinations by the end of each of the school years in respect of which the targets are being set.

    (2) The achievements referred to in paragraph (1) are-

(a) the percentage of pupils to achieve the core subject indicator;

(b) the percentage of girls to achieve the core subject indicator;

(c) the percentage of boys to achieve the core subject indicator;

(d) the percentage of pupils to achieve any grade from A* to C in five or more subjects in GCSE examinations;

(e) the percentage of pupils to achieve any grade from A* to G in five or more subjects in GCSE examinations; and

(f) the percentage of pupils to leave school without either achieving any grade from A* to G in GCSE examinations or passing any CoEA examinations.

    (3) The references to pupils achieving particular grades in GCSE examinations in paragraph (2)(d), (e) and (f) shall be construed for the purpose of those provisions so as to include references to pupils achieving corresponding awards in an equivalent number of vocational qualifications or GCSE short course examinations.

    (4) The Schedule shall have effect for determining, for the purposes of this regulation, questions as to-

(a) which vocational qualification award corresponds to which GCSE examination grade;

(b) the equivalency between GCSE examination results and vocational qualifications; and

(c) the equivalency between GCSE examination results and GCSE short course examination results.

    (5) In this regulation and in regulation 12, "the relevant group of pupils who will attain the age of 16 years", in relation to a school year, means all persons who the authority estimate-

(a) will on the Schools' Census enumeration date in that school year be registered pupils at a school maintained by the authority, and

(b) will attain the age of 16 during that school year.

    12.The percentage of pupils not entered for examinations referred to in regulation 8 is the percentage of the relevant group of pupils who will attain the age of 16 years, as defined in regulation 11, in the authority's area who are not to be entered for any GCSE examination, GCSE short course examination, vocational qualification award or CoEA.

Targets for permanent exclusions
    13. - (1) The number of permanent exclusions referred to in regulation 8 is the maximum number of pupils which the authority estimate will be permanently excluded from schools maintained by the authority, other than any school situated in a hospital.

    (2) In this regulation and in regulation 14, "excluded" shall be interpreted in accordance with section 64(4) of the 1998 Act[8].

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Notes:

[1] 1998 c. 31. For the meaning of "prescribed" and "regulations" see section 142(1).back

[2] 1996 c. 56.back

[3] S.I. 1998/2196.back

[4] S.I. 1999/101.back

[5] The National Assembly for Wales was established by section 1 of the Government of Wales Act 1998 (c. 38). All the functions of the Secretary of State relevant to these Regulations are transferred to the Assembly by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) with effect from 1st July 1999. Accordingly, in relation to Wales, references to the Secretary of State in the relevant sections of and Schedules to the School Standards and Framework Act 1998 and the Education Act 1996 are to be construed as being, or including, a reference to the Assembly see section 43 of the Government of Wales Act 1998.back

[6] The appropriate orders currently in force are in the Education (National Curriculum) (Assessment Arrangements for English, Welsh, mathematics and science) (Key Stage 2) (Wales) Order 1997, S.I. 1997/2009, as amended by S.I. 1998/1977, and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (Wales) Order 1997, S.I. 1997/2010, as amended by S.I. 1998/1976.back

[7] 1997 c. 44.back

[8] As at the date these Regulations are made, sections 64 to 68 of the School Standards and Framework Act 1998, which make provision in relation to exclusions from schools, are not in force.back

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