Education Act 1997

17 Assessment of pupils in accordance with scheme. E+W

(1) Subject to subsections (3) and (4), all pupils at a maintained primary school who are at the relevant stage of their education must be assessed in accordance with a baseline assessment scheme adopted for the school under section 16.

(2) The assessment must be completed before the end of the prescribed period.

(3) Subsection (1) does not apply to a pupil if it appears to the head teacher from a record of a previous assessment under that subsection that such an assessment has already been carried out in relation to the pupil at another school.

(4) Regulations may enable a head teacher of a maintained primary school, in such cases or circumstances and subject to such conditions as may be prescribed, to direct—

(a) that subsection (1) is not to apply to a particular registered pupil at the school, or

(b) that, for the purposes of the assessment under that subsection of a particular registered pupil at the school, the school’s baseline assessment scheme is to have effect with such modifications as are specified in the direction.

(5) Where the head teacher gives such a direction he shall notify—

(a) the governing body, and

[F1 (b) the [F2 local authority] by whom the school is maintained,]

of the matters set out in subsection (6); and he shall take such steps as are prescribed to notify a parent of the pupil concerned of those matters.

(6) The matters referred to in subsection (5) are—

(a) the fact that the head teacher has given the direction in question and his reasons for doing so;

(b) in the case of a direction under subsection (4)(b), the effect of the modifications specified in the direction; and

(c) whether the direction is to have permanent effect (and, if not, the period for which it is to have effect).

(7) In relation to any maintained primary school—

(a) the governing body and F3 . . . the [F2 local authority] shall exercise their functions with a view to securing, and

(b) the head teacher shall secure,

that subsection (1) is complied with.

(8) Regulations shall prescribe the circumstances in which a pupil is to be regarded as being at the relevant stage of his education for the purposes of subsection (1), and any such circumstances may be framed by reference to, or to matters which include, the pupil’s age.

Textual Amendments

F1 S. 17(5)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 211(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 8(2)

F3 Words in s. 17(7)(a) omitted (1.9.1999) by virtue of 1998 c. 31, s. 140(1), Sch. 30 para. 211(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

Commencement Information

I1 S. 17 wholly in force at 1.9.1999; s. 17 not in force at Royal Assent see s. 58(3); s. 17(4)(8) in force at 1.11.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt. IV; s. 17(1)-(3),(5)-(7) in force at 1.8.1998 to the extent that those subsections apply to England and in force at 1.9.1999 to the extent that those subsections apply to Wales by S.I. 1998/386, art. 2, Sch. 1 pts. III, VII