The Education (School Performance Targets) (England) Regulations 1998

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (School Performance Targets) (England) Regulations 1998, and shall come into force on 1st September 1998.

(2) These Regulations apply only in relation to schools in England.

Interpretation

2.—(1) In these Regulations—

“the 1996 Act” means the Education Act 1996(1);

“the 1997 Act” means the Education Act 1997;

“designated school” means a school to which—

(a)

regulation 3 applies, and

(b)

there are normally admitted pupils who are in the final year of the second key stage;

“GCSE” means General Certificate of Secondary Education;

“GNVQ” means a General National Vocational Qualification;

“level 4” means level 4 of the National Curriculum level scale as determined by the results of NC tests;

“NC tests” means National Curriculum tests administered to second key stage pupils for the purpose of assessing the level of attainment which they have achieved in English or mathematics, being tests laid down in provisions made by the Secretary of State under the appropriate order made under section 356(2) of the 1996 Act in force when those tests are administered(2);

“performance targets”, in relation to a school, means the targets which a governing body are required to set by virtue of regulation 3 or 4 (or both);

“pupils' attainment results” has the meaning specified in regulation 6(5);

“relevant school year” means the school year in relation to which a school’s annual report is published;

“school” means a maintained school within the meaning of section 19(3) of the 1997 Act;

“school’s annual report”, in relation to a school, means the report to parents which the governing body are required to prepare and publish for every school year by virtue of the school’s Articles of Government;

“second key stage pupils” means pupils who are in the second key stage referred to in section 355(1)(b) of the 1996 Act;

“vocational qualification” means—

(a)

a Part One GNVQ,

(b)

an Intermediate GNVQ,

(c)

a Foundation GNVQ, or

(d)

a GNVQ Language Unit,

awarded by—

(i)

the EDEXCEL Foundation,

(ii)

the City and Guilds of London Institute,

(iii)

the Royal Society of Arts Examination Board,

(iv)

the Assessment and Qualifications Alliance, or

(v)

Oxford, Cambridge and RSA Examinations,

and approved by the Secretary of State under section 400 of the 1996 Act or section 37 of the 1997 Act.

(2) Any reference in these regulations to—

(a) a pupil achieving or being awarded a grade in a GCSE examination, or

(b) being awarded a vocational qualification,

by the end of any school year, shall be construed for the purposes of these Regulations as a reference to that pupil achieving or being awarded 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.

Targets for pupils in the second key stage

3.—(1) This regulation applies to every school where education is provided which is suitable to the requirements of pupils in the final year of the second key stage.

(2) Subject to paragraph (5), the governing body of a school to which this regulation applies shall, by no later than 31st December in every school year, set the targets specified in paragraph (3) in connection with the performance of the relevant group of second key stage pupils in NC tests to be administered at or near the end of the following school year.

(3) The targets referred to in paragraph (2) are—

(a) the percentage of the relevant group of second key stage pupils to achieve level 4 or above in such tests in English; and

(b) the percentage of the relevant group of second key stage pupils to achieve level 4 or above in such tests in mathematics.

(4) In this regulation “the relevant group of second key stage pupils”, in relation to—

(a) a school, and

(b) any school year during which the governing body have a duty to set the targets specified in paragraph (3),

means all persons who, in the following school year, the governing body anticipate will be—

(i) registered pupils, and

(ii) in the final year of the second key stage.

(5) In relation to a designated school, paragraphs (2) and (4) shall have effect with the following modifications—

(a) paragraph (2) shall have effect as if—

(i) for “by no later than 31st December in every school year” there were substituted “as soon after the beginning of every school year (other than the 1998–99 school year) as is reasonably practical”, and

(ii) for “the following school year” there were substituted “that school year”; and

(b) paragraph (4) shall have effect as if for “, in the following school year, the governing body anticipate will be”, there were substituted “are”.

Targets for pupils aged 15

4.—(1) This regulation applies to every school where education is provided which is suitable to the requirements of pupils who have attained the age of 15.

(2) The governing body of a school to which this regulation applies shall, by no later than 31st December in every school year, set the targets specified in paragraph (3) in connection with the performance of the relevant group of pupils aged 15 in GCSE examinations or vocational qualifications.

(3) The targets referred to in paragraph (2) are—

(a) the percentage of the relevant group of pupils aged 15 to achieve, by the end of the following school year, grades A* to C in five or more subjects in GCSE examinations;

(b) the percentage of the relevant group of pupils aged 15 to achieve, by the end of the following school year, grades A* to G in one or more subjects in GCSE examinations; and

(c) the average point score for the school to be achieved by the relevant group of pupils aged 15 by the end of the following school year in GCSE and vocational qualifications.

(4) In paragraph (3)(a) and (b), references to pupils achieving particular grades in GCSE examinations shall be construed for the purposes of those provisions so as to include references to pupils achieving corresponding awards in an equivalent number of vocational qualifications.

(5) Schedule 1 shall have effect for determining for the purposes only of this regulation and regulation 6—

(a) questions as to—

(i) which vocational qualification award corresponds to which GCSE examination grade, and

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

(b) the calculation of the average point score for the school in relation to pupils' achievements in GCSE examinations and vocational qualifications.

(6) In this regulation, “the relevant group of pupils aged 15”, in relation to—

(a) a school, and

(b) any school year during which the governing body have a duty to set the targets specified in paragraph (3),

means all persons who, in the following school year, the governing body anticipate—

(i) will be registered pupils at the school on the third Thursday in January, and

(ii) will have attained the age of 15 during the period of twelve months ending on the 31st August immediately preceding that day.

Prohibition of revision of performance targets

5.  A performance target may not be modified after it has been set.

Publication of performance information

6.—(1) Subject to paragraphs (2) to (4), the governing body of every school to which regulation 3 or 4 applies shall publish in the school’s annual report for every school year after the 1997–98 school year the information about—

(a) performance targets, and

(b) pupils' attainment results,

specified in Schedule 2.

(2) In relation to a school to which regulation 3 applies, paragraph (1) shall not require—

(a) the publication of information about performance targets in relation to any school year where, at the time when the governing body’s duty to set such targets for that year arose, the relevant group of second key stage pupils (as defined in regulation 3) consisted of ten or fewer persons; or

(b) the publication of any information about pupils' attainment results in relation to any school year where the total number of persons who, in that year, were—

(i) registered pupils, and

(ii) at or near the end of final year of the second key stage,

did not exceed ten.

(3) In relation to a school to which regulation 4 applies, paragraph (1) shall not require—

(a) the publication of information about performance targets in relation to any school year where, at the time when the governing body’s duty to set such targets for that year arose, the relevant group of pupils aged 15 (as defined in regulation 4) consisted of ten or fewer persons; or

(b) the publication of any information about pupils' attainment results in relation to any school year in which the total number of pupils aged 15 did not exceed ten.

(4) In relation to a designated school, paragraph (1) shall have effect as if for “the 1997–98 school year” there were substituted “the 1998–99 school year”.

(5) In these Regulations “pupils' attainment results”, in relation to any school year, means—

(a) in relation to a school to which regulation 3 applies—

(i) the percentage of registered pupils at or near the end of the final year of the second key stage who achieved level 4 or above in NC tests in English; and

(ii) the percentage of registered pupils at or near the end of the final year of the second key stage who achieved level 4 or above in NC tests in mathematics; and

(b) in relation to a school to which regulation 4 applies—

(i) the percentage of pupils aged 15 who achieved grades A* to C in five or more subjects in GCSE examinations by the end of that year;

(ii) the percentage of pupils aged 15 who achieved grades A* to G in one or more subjects in GCSE examinations by the end of that year; and

(iii) the average point score for the school achieved by pupils aged 15 in GCSE examinations or vocational qualifications by the end of that year.

(6) In paragraph (5)(b)(i) and (ii), references to pupils achieving particular grades in GCSE examinations shall be construed for the purposes of those provisions so as to include references to pupils achieving corresponding awards in an equivalent number of vocational qualifications.

(7) Paragraph (5) of regulation 4 applies for the purposes of this regulation as it applies for the purposes of regulation 4.

(8) In paragraphs (3)(b) and (5)(b), “pupils aged 15” in relation to a school and any school year, means persons who—

(a) are registered pupils on the third Thursday in January, and

(b) attained the age of 15 during the period of twelve months ending on the 31st August immediately preceding that day.