The Education (School Performance Information) (England) Regulations 2001

PART I General

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (School Performance Information) (England) Regulations 2001 and shall come into force on 12th November 2001.

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

Interpretation

2.—(1) In these Regulations, except where the context otherwise requires—

“the 1996 Act” means the Education Act 1996;

“assessment” in relation to a maintained school means assessment pursuant to orders made under section 356 of the 1996 Act(1) and “level” shall be construed in accordance with the provisions of such orders and in relation to a CTC means assessment pursuant to an agreement with the Secretary of State made under section 482 of the 1996 Act(2);

“assessment term” means the term in which assessment is completed;

“attainment targets” has the meaning given by section 353 of the 1996 Act;

“authority” means—

(i)

in relation to a school maintained by a local education authority that authority; and

(ii)

in relation to a non-maintained special school or an independent school, means the local education authority in whose area the school is situated;

“external marking agency” means a body nominated by the Qualifications and Curriculum Authority(3) and approved by the Secretary of State to mark NC tests;

“CTC” means city technology college, city college for the technology of the arts or a city academy;

“core subject” means English, mathematics or science;

“GCE ‘A’ level examinations” means General Certificate of Education advanced level examinations;

“GCE ‘AS’ examinations” means—

(i)

General Certificate of Education advanced supplementary examinations; or

(ii)

General Certificate of Education advanced subsidiary examinations;

“GCSE” means General Certificate of Secondary Education;

“GNVQ” means a General National Vocational Qualification;

“information technology key skill qualification” means a qualification awarded to a pupil who has completed an examination, course or unit in the key skill of information technology;

“maintained school” means—

(i)

any community, foundation or voluntary school, or

(ii)

any community or foundation special school which is not established in a hospital,

but excludes any nursery school;

“middle deemed secondary school” means a middle school deemed to be a secondary school by virtue of the Education (Middle Schools) Regulations 1980(4);

“NC tests” means National Curriculum tests administered to pupils for the purpose of assessing 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 the appropriate order made under section 356 of the 1996 Act in force when those tests were administered(5);

“non-maintained special school” means a special school which is not maintained by an authority;

“permanent exclusion” means the permanent exclusion of a pupil from a school on disciplinary grounds and “permanently excluded” shall be construed accordingly;

“public examination” means a public examination which is for the time being prescribed by regulations made under section 453 of the 1996 Act(6);

“register” means the register of pupils kept under section 434 of the 1996 Act(7) and in accordance with the Education (Pupil Registration) Regulations 1995(8);

“reporting school year” means the school year immediately preceding the school year in which information provided to the Secretary of State is to be published by him or, as the case may be, local education authorities;

“school day” has the meaning given by section 579(1) of the 1996 Act;

“school year” has the meaning given by section 579(1) of the 1996 Act(9);

“special educational needs” has the meaning given by section 312(1) of the 1996 Act;

“special school” has the meaning given by section 337 of the 1996 Act(10);

“unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) Regulations 1995 and “authorised absence” shall be construed accordingly;

“unit”, in relation to a vocational qualification, means a module or part of a course leading to that qualification which, when successfully completed, can be counted together with other modules or parts towards obtaining that qualification; and

“Vocational “A’ level examinations” means vocational certificate of education advanced level examinations;

“Vocational ‘AS’ level examinations” means vocational certificate of education advanced subsidiary examinations.

(2) In these Regulations, except where the context otherwise requires—

(a) references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August preceding the commencement of the reporting school year, where the reporting school year begins after that date, or the 31st August which falls within the reporting school year, where the reporting school year begins on or before that date, and who were registered pupils at the school on the third Thursday in January in the reporting school year;

(b) references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 402 of the 1996 Act(11); and

(c) references to key stages are references to the periods set out in section 355(1) of the 1996 Act.

(3) Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by computer.

(4) For the purposes of these Regulations any examination for the GCSE for which a pupil aged 15 was entered during a previous school year shall be treated as such an examination for which the pupil was entered during the reporting school year.

(5) Information relating to authorised or unauthorised absences shall not include any information relating to any period after the Friday before the last Monday in May in the reporting school year.

(6) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number.

Qualification of duties

3.  The duties of governing bodies, authorities and proprietors to make available, provide or publish information apply only to the extent that that information is available to them in time for it to be reasonably practicable for them to make available, provide or publish that information before the latest occasion on which that information is required to be made available, provided or published, as the case may be.

Revocations and savings

4.—(1) Subject to paragraph (2), the Regulations referred to in Schedule 11 are hereby revoked.

(2) The revocation of the Regulations referred to in Schedule 11 shall not relieve any person of any duty to make available, provide or publish information which has not been performed before the date that these Regulations come into force.

PART II Provision of Information by Head Teacher

Provision of information by head teacher to governing body

5.  The head teacher of every maintained school shall each year make available to the governing body information about the matters mentioned in Schedules 1 to 7 for the purpose of enabling the governing body to comply with their obligations in respect of those matters.

PART III Provision of Information to the Secretary of State and Local Education Authorities

Provision of first key stage assessment results to local education authorities

6.  The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage shall each year, by the end of that term, provide to the authority the information relating to assessment referred to in Schedule 1.

Provision of information about second key stage assessment results to the Secretary of State

7.  The governing body of every maintained primary or middle deemed secondary school shall, within two weeks of receiving a written request from the Secretary of State, provide him with the information for the reporting school year referred to in Schedule 2.

Provision of results of school examinations and of courses leading towards vocational qualifications to the Secretary of State

8.  The governing body of every maintained school and the proprietor of every non-maintained special school or independent school with pupils aged 15, 16, 17 or 18 shall, within two weeks of receiving a written request from the Secretary of State, provide him with such particulars relating to public examinations and courses leading to vocational qualifications, units of vocational qualifications, or information technology key skill qualifications for which registered pupils at the school were entered, and such other information as is referred to—

(a) in the case of a school providing information in respect of pupils aged 15, in Part I of Schedule 3; or

(b) in the case of a school providing information in respect of pupils aged 16, 17 or 18, in Part II of Schedule 3.

Provision of information about authorised and unauthorised absence to the Secretary of State

9.—(1) Subject to paragraph (2), the governing body of every maintained school and the proprietor of every non-maintained special school or independent school shall, within two weeks of receiving a written request by the Secretary of State, provide him with the information for the reporting school year specified in Schedule 4.

(2) This regulation does not apply in respect of a school providing education for boarding pupils only.

Provision of general information about secondary schools to the Secretary of State

10.  The governing body of every maintained secondary school, except a middle deemed secondary school, and the proprietor of every non-maintained special school or independent school with pupils aged 15 shall, within two weeks of receiving a written request from the Secretary of State, provide him with the general information about the school for the reporting school year referred to in Schedule 5.

Provision of general information about primary schools to the Secretary of State

11.  The governing body of every maintained primary or middle deemed secondary school, shall, within two weeks of receiving a written request from the Secretary of State, provide him with the general information about the school for the reporting school year referred to in Schedule 6.

Provision of information about excluded pupils to local education authorities

12.  The governing body of every maintained school shall, within two weeks of receiving a written request from the authority, provide to the authority the information, for the period to which the request relates, referred to in Schedule 9, as appropriate, in respect of any pupil excluded from the school by the head teacher.

Provision of information about permanently excluded pupils to local education authorities

13.—(1) The governing body of every maintained school to which paragraph (2) or (3) applies, shall, within two weeks of the third Thursday in January in each reporting school year, provide to the authority the information referred to in Part I of Schedule 10 in respect of any pupil permanently excluded from the school as referred to in paragraph (2) or (3) as the case may be.

(2) This paragraph applies where the permanent exclusion from a maintained school of any pupil, who attained the age of 14 during the period of twelve months ending on the 31st August in the year immediately preceding the year in which the reporting school year begins, takes effect during the school year immediately preceding the reporting school year and who, as at the third Thursday in January in the reporting school year, is not shown as a registered pupil at the school in its Register.

(3) This paragraph applies where the permanent exclusion from a maintained school of any pupil, who attained the age of 15 during the period of twelve months ending on the 31st August in the year immediately preceding the year in which the reporting school year begins, takes effect on or after the beginning of the reporting school year and who, as at the third Thursday in January in that school year, is not shown as a registered pupil at the school in its Register.

(4) Where any pupil who has been permanently excluded from a school as referred to in paragraph (2) or (3) is thereafter and before the third Friday in January in the reporting school year, admitted to any maintained school (referred to in this paragraph as “the admitting school”), the governing body of the admitting school shall provide to the authority, within two weeks of the third Thursday in January in each reporting school year, the information referred to in Part II of Schedule 10 in respect of the pupil.

(5) For the purposes of this regulation and Schedule 10, the permanent exclusion of a pupil takes effect on the first school day on which the pupil misses a school session as a result of that permanent exclusion.

PART IV Provision of Information

Provision of information about second and third key stage assessment results to the National Data Collection Agency

14.—(1) The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the second key stage, shall, each year, on or before 11th July, provide to the National Data Collection Agency(12) the information relating to assessment referred to in Part I of Schedule 7.

(2) The governing body of every maintained school and the proprietor of every CTC which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the third key stage, or in the case of a CTC has registered pupils aged 14, shall each year, on or before 11th July, provide to the National Data Collection Agency the information relating to assessment referred to in Part II of Schedule 7.

Provision of information about second and third key stage assessments to the external marking agency

15.—(1) The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the second key stage, shall each year, as soon as reasonably practicable after the last school day on which NC tests are administered to those pupils in each subject, provide the information referred to in Part III of Schedule 7 to the external marking agency determined by the Qualifications and Curriculum Authority and notified by them to the head teacher of the school pursuant to article 5(3) of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 1999(13).

(2) The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the third key stage, shall each year, as soon as reasonably practicable after the last school day on which NC tests are administered to those pupils in each subject, provide the information referred to in Part IV of Schedule 7 to the external marking agency determined by the Qualifications and Curriculum Authority and notified by them to the head teacher of the school pursuant to article 10(3) of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1999(14).

PART V Publication of Information

Publication of performance information about primary schools by local education authorities

16.—(1) Each authority shall publish the information about schools it maintains referred to in paragraphs (2) to (5) together with the supplementary information referred to in paragraph (6), in the form and manner referred to, respectively, in paragraphs (7) and (8).

(2) The information to be published is information for the reporting school year calculated by the Secretary of State and provided to the authority, consisting of, in respect of each maintained primary or middle deemed secondary school which has registered pupils at or near the end of the final year of the second key stage, the following—

(a) the number of registered pupils at or near the end of the final year of the second key stage; and

(b) in the case of each such school which has eleven or more registered pupils at or near the end of the final year of the second key stage—

(i) the percentage of such pupils who, in respect of each core subject, achieved level 4 or above of the National Curriculum level scale as determined by NC tests;

(ii) the percentage of such pupils who, in respect of each core subject, failed to achieve a level on the National Curriculum level scale because they were exempted from an NC test under section 364 or 365 of the 1996 Act or were absent on the day that the test was administered, and

(iii) the average point score calculated by the Secretary of State based on the levels achieved by such pupils in the NC tests.

(3) The information to be published is information for the reporting school year calculated by the Secretary of State and provided to the authority, consisting of, in respect of every maintained primary school, the following—

(a) the number of registered pupils except boarding pupils of compulsory school age; and

(b) the percentage of morning and afternoon sessions in a school day missed by such pupils because of authorised or unauthorised absences.

(4) The information to be published is the information for the reporting school year referred to in Schedule 6 and provided to the Secretary of State by the governing body of every maintained primary or middle deemed secondary school.

(5) The local education authority shall also publish information as to the number of registered pupils referred to in paragraphs 5, 6 and 8 of Schedule 6 expressed as percentages of the number of registered pupils or the number of registered pupils at or near the end of the final year of the second key stage, as the case may be, at every maintained primary or middle deemed secondary school, except a special school.

(6) The supplementary information to be published consists of the following—

(a) information for the reporting school year calculated by the Secretary of State giving the average percentage of pupils at or near the end of the final year of the second key stage in the reporting school year who, in respect of each core subject, achieved level 4 or above of the National Curriculum level scale as determined by the results of NC tests, at, respectively—

(i) all maintained schools providing primary education which are maintained by the authority; and

(ii) all schools providing primary education in England;

(b) an average point score calculated by the Secretary of State based on the levels achieved in the NC tests by pupils at or near the end of the final year of the second key stage in the reporting school year at, respectively—

(i) all maintained schools providing primary education which are maintained by the authority; and

(ii) all schools providing primary education in England;

(c) information for the reporting school year calculated by the Secretary of State giving the percentage of morning and afternoon sessions missed in a school day by registered pupils of compulsory school age except boarding pupils because of authorised or unauthorised absences at, respectively—

(i) all maintained schools providing primary education which are maintained by the authority; and

(ii) all schools providing primary education in England;

(d) whether, in respect of each maintained primary or middle deemed secondary school—

(i) the school is the holder of a Charter Mark(15);

(ii) the school test results or the number of pupil absences from the school were significantly affected because the school was in or near an area affected by foot and mouth disease;

(iii) no information, or only some information, under paragraph (2) is published pursuant to paragraph (1) for the school because the governing body failed to provide the information concerned to the Secretary of State;

(iv) no information or only some information under paragraph (2) is published pursuant to paragraph (1) for the school because the governing body were unable to provide the information to the Secretary of State for reasons beyond their control;

(v) no information or only some information under paragraph (2) is published pursuant to paragraph (1) for the school because the school had 10 or fewer registered pupils at or near the end of the final year of the second key stage in the reporting school year;

(vi) the governing body failed to confirm to the Secretary of State that they have checked the information referred to in paragraph (2); or

(vii) the governing body failed to confirm to the Secretary of State that they checked the information referred to in Schedules 4 and 6;

(e) information calculated by the Secretary of State for the reporting school year and each of the three reporting school years immediately preceding it, giving—

(i) the sum of the percentage figures referred to under paragraph (2)(b)(i) in respect of each such school, except a special school, to which the information under that paragraph relates;

(ii) the sum of the percentage figures referred to under paragraph (6)(a)(i); and

(iii) the sum of the percentage figures referred to under paragraph (6)(a)(ii).

(7) The information referred to in paragraphs (2) to (6) shall be published—

(a) in the case of all maintained primary or middle deemed secondary schools except special schools, in the form specified in Schedule 8, or a form to like effect, provided that the information referred to in paragraph (6)(a), (b), (c) and (e)(ii) and (iii) shall be included on every printed page so published; and

(b) in the case of special schools, separately from the information referred to in sub-paragraph (a) of this regulation and in the form specified in Schedule 8, or a form to like effect, provided that the information referred to in paragraph (6)(a), (b) and (c) shall be included on every printed page so published.

(8) (a) The information referred to in paragraphs (2) to (6) shall be published in the following manner.

(b) The information shall be published without charge within three weeks of the date of a written request from the Secretary of State by—

(i) providing three copies of a document and a computer disk containing the information to the Secretary of State;

(ii) providing a copy of the information to the governing body of every maintained school and the proprietor of every CTC in the area of the authority;

(iii) providing a copy of the information to any person providing nursery education, other than at a school, in the area of the authority; and

(iv) making available copies of the document containing the information at each public library in the area of the authority.

Catherine Ashton

Parliamentary Under-Secretary of State,

Department for Education and Skills

22nd October 2001