The Education (Individual Pupils' Achievements) (Information) Regulations 1997

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Individual Pupils' Achievements) (Information) Regulations 1997 and shall come into force on 20th June 1997.

(2) These Regulations apply in relation to pupils and former pupils at maintained schools in England only.

Revocation

2.  The Education (Individual Pupils' Achievements) (Information) Regulations 1993(1), the Education (Individual Pupils' Achievements) (Information) (Amendment) Regulations 1995(2) and the Education (Individual Pupils' Achievements) (Information) (Amendment) Regulations 1996(3) shall be revoked.

Interpretation

3.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Education Act 1996;

“the associated documents” means the documents published by Her Majesty’s Stationery Office, setting out any levels of attainment, attainment targets and end of key stage descriptions in relation to the foundation subjects, which documents have effect by virtue of the respective section 356(2)(a) and (b) orders for those subjects for the time being in force(4);

“attendance record” means the record of a pupil’s school attendance contained in the attendance register kept in accordance with section 434 of the Act and the Education (Pupil Registration) Regulations 1995(5);

“core subjects” means English, mathematics, and science;

“education welfare officer” means any person who is employed by a local education authority and whose duties include securing the regular attendance at school of pupils of compulsory school age;

“external marking agency” means a body nominated by the School Curriculum and Assessment Authority(6) (or by any successor body to that Authority) and approved by the Secretary of State to mark NC tests;

“foundation subjects” means art, geography, history, a modern foreign language specified in an order by the Secretary of State(7), music, physical education, technology and any core subject;

“GCE ‘A’ level examinations” and “GCE ‘AS’ examinations” mean General Certificate of Education advanced level examinations and General Certificate of Education advanced supplementary examinations respectively;

“GCSE” means the General Certificate of Secondary Education;

“IB” means the International Baccalaureate Diploma;

“key stage” means any of the periods set out in paragraphs (a) to (d) respectively of section 355(1) 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);

“maintained school” means—

(a)

any county or voluntary school;

(b)

any maintained or grant-maintained special school (other than one established in a hospital); and

(c)

any grant-maintained school;

“NC tasks” means National Curriculum standard tasks administered to pupils pursuant to article 5 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995(8);

“NC tests” means National Curriculum tests administered to pupils to assess the level of attainment which they have achieved in any core subject being tests laid down in provisions made by the Secretary of State under orders made under section 356(2)(c) of the Act(9) which have been published by Her Majesty’s Stationery Office;

“school day” means a day on which the school meets;

“section 356(2)(a) and (b) orders” means orders made under section 356(2)(a) and (b) of the Act specifying attainment targets and programmes of study;

“the statutory arrangements” means assessment arrangements specified by orders made under section 356(2)(c) of the Act;

“teacher assessment” means assessment of a pupil’s level of attainment in an attainment target or foundation subject by the pupil’s teacher as specified in the statutory arrangements;

“vocational qualification” includes a credit towards such a qualification; and

“the 1995 (Key Stage 1) Order” means the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) Order 1995(10);

“the 1995 (Key Stage 2) Order” means the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1995(11);

“the 1996 (Key Stage 3) Order” means the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1996(12);

references to levels, attainment targets and end of key stage descriptions are references to, respectively, the levels of attainment, attainment targets and end of key stage descriptions set out in the associated documents.

(2) In these Regulations a reference to an attainment target or foundation subject from which a pupil is exempt is to an attainment target or foundation subject which does not apply to a pupil by virtue of any regulations made under section 363 of the Act(13), provision made pursuant to section 364 of the Act in the pupil’s statement of special educational needs made under section 324 of the Act or a direction given by the head teacher pursuant to regulations made under section 365 of the Act(14).

(3) In these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to a regulation in, or a Schedule to, these Regulations so numbered and any reference to a paragraph is to a paragraph of the regulation or Schedule in which the reference is made, and any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made.

Head teacher’s report to parents and adult pupils

4.—(1) The head teacher of every maintained school shall each school year make available to the persons specified in paragraph (2) in writing a report containing the information specified in paragraphs (3) to (5).

(2) The persons are—

(a) in the case of pupils registered at the school aged 18 or over at the time a report is sent and who are not proposing to leave school by the end of the school year to which the report relates, each such pupil and, if the head teacher considers there to be special circumstances which make it appropriate, the parent of each such pupil;

(b) subject to sub-paragraph (c), in the case of all other pupils registered at the school, the parent of each such pupil;

(c) sub-paragraph (b) does not apply to any pupil registered at the school who has ceased to be of compulsory school age and who is proposing to leave the school or who has left the school (and in respect of whom the information in regulation 6 is to be made available to the pupil concerned).

(3) The report shall contain the information about the educational achievements of the pupil to whom or to whose parent the report is sent and the other information relating to him specified—

(a) as respects pupils in the final year of any of the first, second, third or fourth key stages, in Part 1 of Schedule 1;

(b) as respects pupils in any other year of a key stage, in Part 2 of Schedule 1;

(c) as respects pupils who have been entered for GCE ‘A’ level or GCE ‘AS’ examinations or IB or who have obtained a vocational qualification, in Part 3 of Schedule 1; and

(d) as respects all other pupils, in Part 4 of Schedule 1.

(4) In the case of the pupils registered at the school in the final year of the first, second or third key stage there shall be included in the report the information relating to the educational achievements of all other pupils in that key stage registered at the school whose achievements were assessed at the same time as the pupil’s achievements, and the other information relating to such pupils, specified in Schedule 2.

(5) In the case of the pupils registered at the school in the final year of the first, second or third key stage there shall be included in the report the information specified in paragraph 1, 2 or 3, as the case may be, of Schedule 3 relating to the educational achievements of all pupils at schools in England who were in the final year of that key stage in the preceding school year and whose achievements were assessed in that preceding school year.

(6) Nothing in this regulation shall prevent the information specified in paragraphs (3) to (5) being contained in more than one report provided that, subject to paragraph (8), the head teacher shall each school year send such information by post or otherwise before the end of the summer term.

(7) The period to which a report containing any information specified in paragraph (3) relates shall in all cases begin with the later of—

(a) the pupil’s admission to the school; and

(b) the end of the period to which the last report on such matters made pursuant to these Regulations, or as the case may be the regulations revoked by regulation 2, related.

(8) Where any of the particulars necessary to provide the information specified in paragraph (9) are not received by the head teacher until after the end of the summer term, he shall send such information as soon as practicable and in any event not later than the following 30th September.

(9) The information is—

(a) the results of public examinations taken or details of vocational qualifications achieved by a pupil; or

(b) the results of NC tests taken by a pupil at the end of the second or third key stage or pursuant to article 7(1) of the 1995 (Key Stage 1) Order as given in the record of results provided by the external marking agency in accordance with, as the case may be, the 1995 (Key Stage 2) Order or the 1996 (Key Stage 3) Order; or

(c) the information referred to in paragraphs 2(3) and 3(4) of Schedule 1 and paragraphs 2 and 3 of Schedule 2.

(10) Paragraphs (11) and (12) apply where, before the end of the summer term the head teacher has requested, but not received the result of, a review by the external marking agency of the result of any of the NC tests taken by a pupil in the final year of the second or third key stage or pursuant to article 7(1) of the 1995 (Key Stage 1) Order.

(11) The information specified in paragraph (3)(a) shall indicate that the result which is the subject of the review is provisional.

(12) Once the review result has been received by the head teacher, he shall send as soon as practicable and in any event not later than the following 30th September after that summer term, information giving the reviewed result of the NC tests, to those persons who earlier received the information pursuant to paragraphs (1) and (11) whether or not it is different from that as originally notified to those persons.

Additional information to be made available

5.—(1) In the case of a pupil in the final year of a 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 any of the foundation subjects in accordance with the statutory arrangements if any information has not previously been made available pursuant to these Regulations.

(2) The head teacher shall comply with such a request within fifteen school days of its receipt by him.

School leaver’s report

6.—(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 pupil’s name;

(b) the pupil’s school; and

(c) brief particulars of the pupil’s progress and achievements in subjects and activities forming part of the school curriculum (other than in relation to any public examination or vocational qualification) in the school year during or at the end of which the pupil left the school.

(3) The information referred to in paragraph (2) shall be included under the heading “Achievements in Education” in the form specified in Schedule 4, or a form to the like effect.

(4) The form in which the information referred to in paragraph (2) is made available shall provide for signature by the pupil and by a teacher who is familiar with the pupil and his achievements.

(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 school

7.—(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 subject and attainment target levels achieved by the pupil in each of the core subjects shown by his most recent and all previous assessments (where available) in accordance with the statutory arrangements specifying—

(i) in the case of assessments in respect of the final year of Key Stage 1, both teacher and NC task assessed levels, and

(ii) in the case of assessments in respect of the final year of the second or third key stage, levels assessed by both teacher assessment and the results of any NC tests;

(b) in the case of assessments in the final year of the third key stage—

(i) the most recent and all previous (where available) teacher assessed levels in accordance with the statutory arrangements in respect of the subject and attainment target levels achieved by the pupil in design and technology and a modern foreign language and the teacher assessed levels achieved by the pupil in geography, history and information technology; and

(ii) a brief statement indicating what the pupil has achieved in relation to the end of key stage descriptions for art, music and physical education as assessed in accordance with the statutory arrangements;

(c) in the case of a pupil of compulsory school age, his teachers' most recent assessments of his achievements in relation to all attainment targets in the core subjects in accordance with the statutory arrangements since the later of his last assessment in accordance with the statutory arrangements and his admission to the old school; and

(d) the results of any public examinations taken and details of vocational qualifications achieved by him (including results of such examinations taken and details of such qualifications achieved, 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 fifteen 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 or 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 fifteen school days of receiving the request.

Restrictions on provision of information

8.—(1) The provisions of paragraph (2) apply to the information required to be provided by regulation 4 consisting of brief particulars of a pupil’s skills and abilities and general progress.

(2) Nothing in regulation 4 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;

(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.

(3) Nothing in these Regulations shall require the making available of any information—

(a) 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

(b) to the extent that in the opinion of the head teacher it is relevant to the question whether the pupil to whom it relates is or has been the subject of or may be at risk of child abuse; or

(c) so as to disclose the levels in any attainment target or subject of any other pupil.

(4) 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.

Translation of report

9.  If it appears requisite to the head teacher of any school that any information which these Regulations require him to make available 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.

Estelle Morris

Parliamentary Under Secretary of State,

Department for Education and Employment

29th May 1997