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Statutory Rules of Northern Ireland
EDUCATION
Made
20th January 1998
Coming into operation
19th February 1998
The Department of Education, in exercise of the powers conferred on it by Articles 17A(1), (2) and (2A) and 134(1) of the Education and Libraries (Northern Ireland) Order 1986(1) and Article 31(2) and (3) of the Education Reform (Northern Ireland) Order 1989(2) and of every other power enabling it in that behalf, and after consulting as required by Article 31(4) of that Order, hereby makes the following Regulations:
1. These Regulations may be cited as the Education (Individual Pupils' Achievements) (Information) Regulations (Northern Ireland) 1998.
2. These Regulations shall come into operation on 19th February 1998.
3.—(1) In these Regulations—
“the 1989 Order” means the Education Reform (Northern Ireland) Order 1989;
“formative record of progress and achievement” means a formal record of a pupil’s academic attainments, his other skills, talents and achievements and his educational progress;
“GCE A level” and “GCE AS” mean General Certificate of Education advanced level and advanced supplementary respectively;
“GCSE” means General Certificate of Secondary Education;
“GNVQ” means General National Vocational Qualification;
“level of attainment” means a level set out in any document of a kind referred to in Article 7(5) of the 1989 Order the provisions of which have effect, or (as the case may be) have effect as amended, by virtue of any order made under Article 7(1)(a) of that Order;
“school day” means a day on which the school is open for teaching purposes;
“school year” means a year ending on 31st July;
“sixth form” means the period of full-time secondary education coming immediately after the end of the fourth key stage;
“summative Record of Achievement” has the meaning given by regulation 6(4);
“the statutory arrangements” means assessment arrangements specified by orders made under Article 7(1)(b) of the 1989 Order.
4. The following Regulations are hereby revoked:
The Education (Individual Pupils' Achievements) (Information) Regulations (Northern Ireland) 1995(3); and
The Education (Individual Pupils' Achievements) (Information) (Amendment) Regulations (Northern Ireland) 1997(4).
5.—(1) Subject to paragraph (2), these Regulations shall apply to all grant-aided schools.
(2) These Regulations shall not apply to nursery schools, or in respect of pupils in primary schools or special schools who have not attained the lower limit of compulsory school age.
6.—(1) The principal of each grant-aided school shall make available to the parents of each pupil at the school the information relating to that pupil’s educational achievements specified in regulation 7.
(2) The information referred to in paragraph (1) shall be made available in every school year, at the times and in the manner specified in regulation 8.
(3) The principal of each grant-aided school shall make available, in respect of each pupil at the school, the information relating to his achievements specified in regulation 10.
(4) The information referred to in paragraph (3) shall be produced in a document to be known as the pupil’s summative Record of Achievement and shall be made available at the times and in the manner specified in regulation 11.
7.—(1) The information required by regulation 6(1) to be made available is—
(a)where the pupil is in the final year of the first, second or third key stage: the information set out in Schedule 1; in the case of a pupil in the final year of the second key stage the information set out in paragraph 1(1)(a), (c) and (f) of Schedule 1 shall be provided in the form specified in Schedule 5, or a form to the like effect;
(b)where the pupil is in the final year of the fourth key stage: the information set out in Schedule 2;
(c)where the pupil is in the sixth form: the information set out in Schedule 3;
(d)where the pupil is in any other year: brief particulars of his achievement in any subject or activity which forms part of his curriculum.
(2) The brief particulars referred to in paragraph 1(d) shall include the results of any public examination taken by the pupil for which he was prepared by the school in the school year to which the information relates, and where they include references to the pupil’s levels of attainment they shall contain a statement that those levels have not been assessed in accordance with the statutory arrangements.
8.—(1) Subject to paragraph (2) the principal shall send the information (whether by post or otherwise) to the pupil’s parent not later than 30th June in the school year to which the information relates.
(2) Where the principal receives information after 30th June in any school year consisting of the results of public examinations taken by a pupil at the school during the school year, he shall send that information (whether by post or otherwise) as soon as reasonably practicable to the parent of that pupil.
9.—(1) Subject to paragraph (2), it shall be the duty of the principal, in the case of a pupil mentioned in regulation 7(1)(a), other than a pupil who is in the final year of the second key stage, to disclose to that pupil’s parent, when requested to do so by that parent, the relevant data, and to make available to the parent a copy of those data.
(2) The principal shall comply with any request pursuant to paragraph (1) within 15 school days of its receipt by him or, if the request is received on a day which is not a school day, within 15 school days of the first school day following the day on which he received the request.
(3) In paragraph (1) the “relevant data” means the level of attainment achieved by the pupil in each attainment target of any compulsory contributory subject in respect of which the pupil has been assessed in accordance with the statutory arrangements.
10.—(1) The information required by regulation 6(3) to be made available in a pupil’s summative Record of Achievement is:
(a)where the pupil is in a year which is the final year of the second key stage, the information set out in Schedule 4; the information set out in paragraphs 1 to 3 of Schedule 4 shall be provided in the form specified in Schedule 5, or a form to the like effect;
(b)where the pupil is in the final year of the fourth key stage, the information set out in Schedule 6;
(c)where the pupil is in the sixth form, and is in a year which is the year in which he ceases to be a pupil at the school, the information set out in Schedule 7.
(2) In the case of a pupil to whom paragraph (1)(b) or (c) applies, the information shall be provided in the form specified in Schedule 8, or a form to the like effect.
11.—(1) In the case of a pupil at the end of the final year of the second key stage, the principal shall send the information (whether by post or otherwise) to the pupil’s parent not later than 30th June in that school year.
(2) Subject to paragraph (3), in the case of a pupil to whom regulation 10(1)(b) or (c) applies, the principal shall make the information available to the pupil not later than 30th June in that school year and shall give the information to the pupil, if the pupil so requests, but in any case the principal shall give the information to the pupil not later than 30th September next following.
(3) In the case of a pupil to whom paragraph (2) applies, where the principal receives information after the summative Record of Achievement has been issued consisting of the results of public examinations taken by the pupil during that school year, he shall send that information (whether by post or otherwise) to the pupil as soon as reasonably practicable.
Sealed with the Official Seal of the Department of Education on
L.S.
C. Jendoubi
Assistant Secretary
20th January 1998.
Regulation 7(1)(a)
1.—(1) Subject to paragraphs 3 and 4, in the case of a pupil in the final year of the first or second key stage—
(a)the pupil’s level of attainment in any relevant subject in which his achievements have been assessed in the final year of that key stage in accordance with the statutory arrangements for that key stage;
(b)a statement of the percentage of pupils in the final year of that key stage in the school—
(i)attaining each level in that subject;
(ii)working towards the first level of attainment as described in a programme of study for that subject but who have not attained that level in that subject;
(iii)exempted from assessment in that subject under Article 9(1) of the Education (Assessment Arrangements for Key Stages 1 and 2) Order (Northern Ireland) 1996(5);
(c)a statement that the level has been so assessed;
(d)where the pupil has been exempted from any part of a programme of study in that school year, a statement to that effect referring to the part;
(e)the result of any public examination taken by the pupil for which he was prepared by the school in the school year to which the information relates; and
(f)brief particulars of his achievements in any other subject or activity which forms part of his curriculum.
(2) Subject to sub-paragraph (3), in this paragraph and in paragraph 4(1)(a) “relevant subject” means English or Mathematics.
(3) Where a pupil is in an Irish speaking school, in this paragraph and in paragraph 4(1)(a) “relevant subject” means Irish or Mathematics in relation to a pupil in the first key stage and Irish, English or Mathematics in relation to a pupil in the second key stage.
2.—(1) Subject to paragraph 4, in the case of a pupil in the final year of the third key stage—
(a)the pupil’s level of attainment in any relevant subject as determined by a teacher under Article 6 of the Education (Assessment Arrangements for Key Stage 3) Order (Northern Ireland) 1997(6) and his level of attainment in tests set by the Northern Ireland Council for the Curriculum, Examinations and Assessment under Article 9 of that Order together with a statement of the percentage of pupils in the final year of that key stage in the school—
(i)attaining each level as determined by a teacher under Article 6 of that Order in that subject;
(ii)attaining each level of attainment in tests under Article 9 of that Order in that subject;
(iii)working towards the first level of attainment as described in a programme of study for that subject but who have not attained that level as determined by a teacher under Article 6 of that Order in that subject;
(iv)exempted under Article 10(1) of that Order from assessment by a teacher under Article 6 of that Order;
(v)exempted under Article 10(4) or (5) of that Order from taking a test in a relevant subject under Article 9 of that Order;
(b)a statement that the level has been so assessed;
(c)where the pupil has been exempted from any part of a programme of study in that school year, a statement to that effect referring to the part;
(d)the result of any public examination taken by the pupil for which he was prepared by the school in the school year to which the information relates; and
(e)brief particulars of his achievements in any other subject or activity which forms part of his curriculum.
(2) In this paragraph and in paragraph 4(1)(b) “relevant subject” means English, Mathematics or Science.
3. In the case of a pupil who is in the final year of the second key stage the reference in paragraph 1(1)(a) to the pupil’s level of attainment shall be deemed to include a reference to his level of attainment in each attainment target of each relevant subject.
4.—(1) Subject to sub-paragraph (2), in the case of a pupil in respect of whom a statement of special educational needs is maintained by an education and library board under Article 16 of the Education (Northern Ireland) Order 1996(7)—
(a)the reference in paragraph 1(1)(a) to the pupil’s level of attainment shall be deemed to include a reference to his level of attainment in each attainment target of each relevant subject; and
(b)the reference in paragraph 2(1)(a) to the pupil’s level of attainment shall be deemed to include a reference to his level of attainment in each attainment target of each relevant subject as determined by a teacher under Article 6 of the Education (Assessment Arrangements for Key Stage 3) Order (Northern Ireland) 1997.
(2) In the case of a pupil in respect of whom a statement of special educational needs is maintained by an education and library board under Article 16 of the Education (Northern Ireland) Order 1996 and who, on the making of the assessment of his special educational needs, has been assessed by that board under Article 15 of that Order as having severe learning difficulties—
(a)paragraph 1(1)(a) to (d); or
(b)paragraph 2(1)(a) to (c),
shall not apply.
5. In paragraphs 1(1)(d) and 2(1)(c) a reference to a pupil who has been exempted from any part of a programme of study is a reference to a pupil to whom any part of a programme of study does not apply or applies with modifications (as the case may be) by virtue of—
(a)a direction given by the Department under Article 14 of the 1989 Order (development work and experiments);
(b)regulations made under Article 15 of the 1989 Order (exceptions by regulations);
(c)provision made pursuant to Article 16 of the 1989 Order in a statement of the pupil’s special educational needs made under Article 16 of the Education (Northern Ireland) Order 1996; or
(d)a direction given by a principal pursuant to regulations made under Article 17 of the 1989 Order (temporary exceptions for individual pupils).
6. In this Schedule—
“programme of study” means—
in relation to a pupil in the final year of the first or second key stage the programme of study set out in the Document published by The Stationery Office entitled “The Northern Ireland Curriculum Key Stages 1 and 2, Programmes of Study and Attainment Targets”(8);
in relation to a pupil in the final year of the third key stage the programmes of study for English, Mathematics or Science set out in the Documents published by The Stationery Office respectively entitled—
Regulation 7(1)(b)
1. The names of any GCSE subjects entered by the pupil and the grade obtained in each.
2. Where the pupil has been exempted from any part of a programme of study in that school year, a statement to that effect referring to the part.
3. The names of any GNVQ vocational areas in which the pupil obtained a full qualification and the level at which the qualification was obtained.
4. The result of any other public examination taken by the pupil for which the pupil was prepared by the school in the school year to which the information relates, including any credit awarded towards a qualification where the pupil did not obtain the full qualification.
5. Brief particulars of the pupil’s achievements in any other subject or activity which forms part of his curriculum.
Regulation 7(1)(c)
1. The names of any GCE AS or A level subjects entered by the pupil and the grade obtained in each.
2. The names of any GCSE subjects entered by the pupil and the grade obtained in each.
3. The names of any GNVQ vocational areas in which the pupil obtained a full qualification and the level at which the qualification was obtained.
4. The result of any other public examination taken by the pupil for which the pupil was prepared by the school in the school year to which the information relates, including any credit awarded towards a qualification where the pupil did not obtain the full qualification.
5. Brief particulars of the pupil’s achievements in any other subject or activity which forms part of his curriculum.
Regulation 10(1)(a)
1.—(1) Subject to sub-paragraph (2) the pupil’s level of attainment in any relevant subject in which his achievements have been assessed in accordance with the statutory arrangements for that key stage and his level of attainment in each attainment target of each such subject.
(2) In this paragraph “relevant subject” means, in relation to a pupil in an English speaking school, English or Mathematics and, in relation to a pupil in an Irish speaking school, Irish, English or Mathematics.
2. A statement that the level has been so assessed.
3. Brief particulars of his achievements in any other subject or activity which forms part of his curriculum.
4. The name of any qualification, award or certificate gained by the pupil for which he was prepared by the school, or by any other primary school, whether in connection with his studies or otherwise, together, where appropriate, with the highest grade obtained by him therein and the school year in which the qualification, award or certificate was gained.
5. Brief particulars of any school societies, clubs or activities in which the pupil was involved in the course of his attendance at the school or at any other primary school, whether in connection with his studies or otherwise.
6. Particulars of any position of responsibility held by the pupil in the school or in any other primary school attended by him or in any societies, clubs or activities mentioned in paragraph 5.
Regulation 7(1)(a), 10(1)(a)
Regulation 10(1)(b)
1.—(1) The information is:
(a)the names of any GCSE subjects entered by the pupil, the grade obtained in each and the year in which entered;
(b)the names of any GNVQ vocational areas in which the pupil obtained a full qualification, the year in which it was obtained and the level at which the qualification was obtained;
(c)the result of any other public examination taken by the pupil, for which the pupil was prepared by the school, and the year in which it was taken, including any credit awarded towards a qualification where the pupil did not obtain the full qualification;
(d)brief particulars of the pupil’s achievements in any other subject or activity which has formed part of his curriculum in the course of his attendance at the school or at any other secondary school;
(e)the name of any qualification, award or certificate, other than those mentioned in heads (a) to (c), gained by the pupil for which he was prepared by the school, or by any other secondary school, whether in connection with his studies or otherwise, together, where appropriate, with the highest grade obtained by him therein and the school year in which the qualification, award or certificate was gained;
(f)brief particulars of any school societies, clubs or other activities in which the pupil has been involved in the course of his attendance at the school or at any other secondary school, whether in connection with his studies or otherwise;
(g)particulars of any position of responsibility held by the pupil in the school or in any other secondary school attended by him or in any of the societies, clubs or other activities mentioned in head (f).
(2) The information in heads (a) to (c) of sub-paragraph (1) shall be provided under the heading “Qualifications and Credits” in the form specified in Part I of Schedule 8.
(3) The information in head (d) of sub-paragraph (1) shall be provided under the heading “Achievements in Education” in the form specified in Part II of Schedule 8.
(4) The information in heads (e) to (g) of sub-paragraph (1) shall be provided under the heading “Achievements and Experiences” in the form specified in Part III of Schedule 8.
Regulation 10(1)(c)
1.—(1) The information is:
(a)the names of any GCE AS or A level subjects entered by the pupil, the grade obtained in each and the year in which entered;
(b)the names of any GNVQ vocational areas in which the pupil obtained a full qualification, the year in which it was obtained and the level at which the qualification was obtained;
(c)the names of any GCSE subjects entered by the pupil, the grade obtained in each and the year in which entered;
(d)the result of any other public examination taken by the pupil, for which the pupil was prepared by the school, and the year in which it was taken, including any credit awarded towards a qualification where the pupil did not obtain the full qualification;
(e)brief particulars of the pupil’s achievements in any other subject or activity which has formed part of his curriculum in the course of his attendance at the school or at any other secondary school;
(f)the name of any qualification, award or certificate, other than those mentioned in heads (a) to (d), gained by the pupil for which he was prepared by the school, or by any other secondary school, whether in connection with his studies or otherwise, together, where appropriate, with the highest grade obtained by him therein and the school year in which the qualification, award or certificate was gained;
(g)brief particulars of any school societies, clubs or other activities in which the pupil has been involved in the course of his attendance at the school or at any other secondary school, whether in connection with his studies or otherwise;
(h)particulars of any position of responsibility held by the pupil in the school or in any other secondary school attended by him or in any of the societies, clubs or other activities mentioned in head (g).
(2) The information in heads (a) to (d) of sub-paragraph (1) shall be provided under the heading “Qualifications and Credits” in the form specified in Part I of Schedule 8.
(3) The information in head (e) of sub-paragraph (1) shall be provided under the heading “Achievements in Education” in the form specified in Part II of Schedule 8.
(4) The information in heads (f) to (h) of sub-paragraph (1) shall be provided under the heading “Achievements and Experiences” in the form specified in Part III of Schedule 8.
Regulation 10(2)
(This note is not part of the Regulations.)
These Regulations, made under Article 17A of the Education and Libraries (Northern Ireland) Order 1986 and Article 31(2) and (3) of the Education Reform (Northern Ireland) Order 1989 (“the 1989 Order”), revoke and replace the Education (Individual Pupils' Achievements) (Information) Regulations (Northern Ireland) 1995, (“the 1995 Regulations”) with effect from 19th February 1998. They require principals of all grant-aided schools (other than nursery schools) to provide information about the achievements of individual pupils, including those above compulsory school age, to parents of the pupils. Principals must also provide a summative record of his achievements during his school career (a “summative Record of Achievement”) to each pupil finishing the second or fourth key stage, or leaving the school in the sixth form. (The Regulations do not apply in respect of pupils below compulsory school age in primary schools or special schools.)
Regulation 7 prescribes the information which is to be provided to parents. If the pupil is in the final year of the first or third key stage the requirements are unchanged from those in the 1995 Regulations. The information consists of the summary results of any assessment of the pupil in that year in each subject in which he has been assessed in accordance with assessment arrangements specified in an order made under Article 7(1)(b) of the 1989 Order (in the case of a pupil in the final year of the third key stage, the outcomes of teacher assessment and of external tests must be shown separately), comparative information about the performance of other pupils in the same school, the results of any public examinations taken by the pupil for which he was prepared by the school, and brief particulars of his achievements in any other subject or activity which forms part of his curriculum (regulation 7(1)(a) and Schedule 1, paragraphs 1 and 2). In the case of a pupil with special educational needs, his assessment results must be provided as a level of attainment in each subject and each attainment target of each subject in which he was assessed in accordance with the statutory arrangements (Schedule 1, paragraph 4). If the pupil has been exempted from any part of a programme of study, the principal is required to provide that information (Schedule 1, paragraphs 1(1)(d), 2(c) and 5).
If the pupil is in the final year of the second key stage, the information consists of the results of any assessment of the pupil in that year in each subject in which he has been assessed in accordance with assessment arrangements specified in an order made under Article 7(1)(b) of the 1989 Order and in each attainment target of each such subject, comparative information about the performance of other pupils in the same school, the results of any public examinations taken by the pupil for which he was prepared by the school, brief particulars of his achievements in any other subject or activity which forms part of his curriculum (regulation 7(1)(a) and Schedule 1, paragraphs 1 and 3).
If the pupil is in the final year of the fourth key stage, or is in the sixth form, the information consists of details of the pupil’s performance in public examinations and brief particulars of his achievements in any other subject or activity which forms part of his curriculum (regulation 7(1)(b) and (c) and Schedules 2 and 3).
If the pupil is in any other year, the information consists of brief particulars of his achievements in all the subjects and activities which form part of his curriculum, including the results of any public examinations he has taken (regulation 7(1)(d) and (2)).
Regulation 8 prescribes the time and manner of the provision of this information to parents. The information must be sent to parents (by post or otherwise) by 30th June (regulation 8(1)). Where the principal receives public examination results of pupils after 30th June he must send these to parents as soon as reasonably practicable (regulation 8(2)).
Regulation 9 places a duty on principals to disclose to parents of pupils in the first or third key stages, on request, details of a pupil’s level of attainment in each attainment target of any subject in which the pupil has been assessed in accordance with the statutory assessment arrangements.
Regulation 10 prescribes the information which is to be provided in a pupil’s summative Record of Achievement. Where the pupil is in the final year of the second key stage, the information to be provided consists of the results of his assessment in each subject in which the pupil has been assessed in accordance with the statutory arrangements and in each attainment target of each such subject, and brief particulars of his achievements in any other subject or activity which forms part of his curriculum, together with details of any qualification, award or certificate gained for which he was prepared by the school, or by any other primary school he has attended, and brief particulars of any societies, clubs or other activities in which he has been involved, including particulars of any position of responsibility he has held in them, during his attendance at the school or at any other primary school; specified elements of the information must be supplied in a format prescribed in the regulations (regulation 10(1)(a) and Schedules 4 and 5).
If the pupil is in the final year of the fourth key stage, or is in the sixth form and is leaving school, the information consists of details of the pupil’s performance in public examinations and brief particulars of his achievements in any other subject or activity which forms part of his curriculum, together with details of any qualification, award or certificate gained for which he was prepared by the school, or by any other secondary school he has attended, and brief particulars of any societies, clubs or other activities in which he has been involved, including particulars of any positions of responsibility he has held in them, during his attendance at the school or at any other secondary school; specified elements of the information must be supplied in a format prescribed in the regulations (regulation 10(1)(b) and (c) and Schedules 6, 7 and 8).
Regulation 11 prescribes the time and manner of the provision of summative Records of Achievement. If a pupil is at the end of the final year of the second key stage, the principal must send the summative Record of Achievement to the pupil’s parent by 30th June (regulation 11(1)). If the pupil is in the final year of the fourth key stage or is leaving the school from the sixth form, the principal must make the summative Record of Achievement available to the pupil, on request, by 30th June and must, in any case, give it to the pupil not later than 30th September (regulation 11(2)). If the principal receives public examination results after the information in the summative Record of Achievement has been issued to a pupil at the end of the fourth key stage or in the sixth form he must send these to the pupil as soon as reasonably practicable (regulation 11(3)).
S.I. 1986/594 (N.I. 3); Article 17A was inserted by Article 5 of S.I. 1987/167 (N.I. 2) and amended by S.I. 1989/2406 (N.I. 20) Articles 32 and 166 and Schedule 9
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