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(This note is not part of the Regulations)
Regulations 2, 3 and 4(2) of these Regulations amend the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 (S.I. 2003/1038), the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003 (S.I. 2003/1039) and the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004 (S.I. 2004/2783) (“the 2004 Order”) to remove references to “the P Scale Document” from the interpretation provision of each of these Orders and replace them with references to the pre-key stage standards document for key stage 1, the pre-key stage standards document for key stage 2 and, from 1st September 2021, the engagement model.
Regulation 4(3) and (4) amends articles 4 and 5 of the 2004 Order to provide that head teachers must make a declaration to the Secretary of State that the teacher assessment under article 4, or, as the case may be, the standard task assessment under article 5 of the 2004 Order has been carried out in accordance with the provisions of that article and any guidance published by the Secretary of State, and that any issues concerning the maladministration of such assessments have been reported to the Secretary of State. These provisions were omitted in error from the 2004 Order. Accordingly, these Regulations are being issued free of charge to all known recipients of the 2004 Order.
Regulation 4(5)(b) of these Regulations amends article 5A of the 2004 Order to provide additionally for assessment under that article of pupils who in the 2020-21 school year attain the age of seven and have already been assessed under article 5A in that school year, but whose results in that assessment were lower than the level notified to schools by the Secretary of State in relation to that assessment. Regulation 4(5)(a) amends article 5A to correct an erroneous reference to article 1(2)(c).
Regulation 4(6) of these Regulations amends article 6A of the 2004 Order so that, in the 2020-21 school year, the monitoring function of the local authority, and related obligations on the head teacher and governing body, in relation to an assessment taken under article 5A of the 2004 Order, only apply in relation to an assessment under article 5A taken in the summer term of that school year.
Regulations 5 and 6(2)(a) to (e), (3) and (4) amend the Education (Pupil Information) (England) Regulations 2005 (S.I. 2005/1437) (“the 2005 Regulations”) and the Education (School Performance Information) (England) Regulations 2007 (S.I. 2007/2324) (“the 2007 Regulations”) in order to replace the duties on head teachers and governing bodies to provide information concerning P Scales in relation to pupils with special educational needs who are working at a standard below the standards of attainment specified in the national curriculum, with duties to provide information concerning three new attainment frameworks in relation to those pupils.
Regulation 5(3) amends Schedule 1 to the 2005 Regulations to require head teachers to include in their annual report for pupils with special educational needs, who are working at a standard below the standards of attainment specified in the national curriculum (“relevant pupils”) and are engaged in the study of English reading, English writing or mathematics at the end of the first and second key stages, the pre-key stage standards for key stage 1 or, as the case may be, the pre-key stage standards for key stage 2, achieved in those subjects.
Regulation 5(3) further amends Schedule 1 to the 2005 Regulations, from 1st September 2021, to require head teachers to include in their annual report for relevant pupils who are not engaged in the study of English reading, English writing or mathematics at the end of the first and second key stages, a qualitative narrative commentary on the pupils’ achievements and progress using the engagement model.
Regulation 5(4) amends Schedule 2 to the 2005 Regulations to require governing bodies of schools to include in the common transfer file the pre-key stage standards achieved in English reading, English writing and mathematics at the end of the first and second key stages by relevant pupils who are engaged in the study of any or all of those subjects.
Regulation 5(4) further amends Schedule 2 to the 2005 Regulations, from 1st September 2021, to require governing bodies of schools to state in the common transfer file whether the engagement model is being used at the end of the first and second key stages for the purposes of specifying the achievements and progress of relevant pupils who are not engaged in the study of English reading, English writing or mathematics.
Regulation 6(3) amends Schedule 2 to the 2007 Regulations to require schools, when requested, to provide the Secretary of State with information concerning the pre-key stage standards achieved in English reading, English writing and mathematics at the end of the second key stage by relevant pupils who are engaged in the study of any or all of those subjects.
Regulation 6(3) further amends Schedule 2 to the 2007 Regulations, from 1st September 2021, to require schools, when requested, to provide the Secretary of State with information concerning whether the engagement model is being used at the end of the second key stage for the purposes of specifying the achievements and progress of relevant pupils who are not engaged in the study of English reading, English writing or mathematics.
Regulation 6(4) amends Schedule 8 to the 2007 Regulations to require schools to provide the local authority or the Secretary of State with information on whether a pupil was assessed using either the pre-key stage standards for the second key stage, and the standard achieved, or, from 1st September 2021, the engagement model, instead of information relating to P Scales.
Regulation 6(2)(f) amends the definition of “reporting school year” in regulation 2 of the 2007 Regulations as it applies to an assessment taken in the 2020-21 school year to ascertain the extent to which pupils understand the correspondence between graphemes and phonemes in English. That definition now refers to the school year in which the assessment is taken rather than the school year in which information provided to the Secretary of State is not to be published by the Secretary of State.
Regulation 7 amends the Education (National Curriculum) (Attainment Targets and Programmes of Study) (England) Order 2013 (S.I. 2013/2232) (“the 2013 Order”) in order to make provision for new standards of attainment set out in the pre-key stage standards and, from 1st September 2021, the engagement model documents for specifying the attainment targets for pupils with special educational needs.
Regulation 7(4) amends the 2013 Order to provide that the pre-key stage standards at key stage 1 or the pre-key stage standards at key stage 2 must be used to specify attainment targets for relevant pupils who are engaged in the study of English reading, English writing or mathematics.
Article 5 of the 2013 Order as amended by regulation 7(4) of these Regulations from 1st September 2021, further provides that the engagement model must be used to specify the attainment targets for relevant pupils at the first or second key stage who are not engaged in the study of English reading, English writing or mathematics.
Regulation 7(4) further amends article 5 of the 2013 Order so that the attainment targets of pupils with special educational needs, who are in the third key stage and who are working at a standard below the standards of attainment specified in the national curriculum for the third key stage, are no longer specified.
The pre-key stage standards at key stage 1 document can be accessed at this weblink: https://www.gov.uk/government/publications/pre-key-stage-1-standards.
A printed copy of the pre-key stage standards at key stage 1 document can also be inspected at the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT, on request.
The pre-key stage standards at key stage 2 document can be accessed at this weblink: https://www.gov.uk/government/publications/pre-key-stage-2-standards.
A printed copy of the pre-key stage standards at key stage 2 document can also be inspected at the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT, on request.
The engagement model document can be accessed at this weblink: https://www.gov.uk/government/publications/the-engagement-model.
A printed copy of the engagement model document can also be inspected at the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT, on request.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
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