Statutory Instruments
1995 No. 1561

EDUCATION, ENGLAND AND WALES
The Education (School Performance Information) (England) (Amendment) Regulations 1995

Made
19th June 1995

Laid before Parliament
20th June 1995

Coming into force
13th July 1995

In exercise of the powers conferred on the Secretary of State by sections 22 and 232(5) and (6) of the Education Reform Act 1988(1) and sections 16 and 19(3) of the Education (Schools) Act 1992(2), and after consulting with those persons with whom consultation appeared to her to be desirable, the Secretary of State for Education hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) Regulations 1995 and shall come into force on 13th July 1995.

(2) Any reference in these Regulations to the principal Regulations is a reference to the Education (School Performance Information) (England) Regulations 1994(3).

Amendment of the principal Regulations

2.—(1) Regulation 2 of the principal Regulations (interpretation) shall be amended as follows.

(2) In the definition of “authority” in paragraph (1) there shall be inserted before the word “authority” in the last place where it occurs the words “local education”.

(3) After the definition of “CTC” there shall be added the following definition—

““core subject” means any of the following subjects, English, mathematics or science;”.

(4) The definition of “lesson time” in paragraph (1) shall be omitted.

(5) After the definition of “middle deemed secondary school” in paragraph (1) there shall be inserted the following definition—

““NC tasks” means National Curriculum tasks administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject being tasks laid down in provisions made by the Secretary of State under article 8 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1994(4) or article 9 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 3) (England) Order 1994(5) which have been published by Her Majesty’s Stationery Office;”.

(6) There shall be substituted for the definition of “special class” in paragraph (1) the following definition—

““special educational needs” has the meaning given by section 156 of the Education Act 1993(6);”.

(7) In paragraph (5) there shall be substituted for the words “date after 27th May” the words “period after the Friday before the last Monday in May”.

3.  Regulation 3 of the principal Regulations (qualification of duties) shall be amended by the insertion after the word “proprietor” of the words “in time for it to be reasonably practicable to provide or publish the information”.

4.—(1) Regulation 6 of the principal Regulations (provision of assessment results to the Secretary of State) shall be amended as follows.

(2) In paragraph (1) there shall be inserted after the word “shall” the words “each year”.

(3) In paragraph (2) there shall be inserted after the word “before” the words “the next following”.

(4) There shall be inserted after the word “shall” in paragraph (3) the words “each year”.

(5) There shall be inserted after paragraph (3) the following paragraph—

“(3A) 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 31st July, submit to the Secretary of State the information relating to assessment referred to in Part IA of Schedule 1.”.

(6) In paragraph (4) there shall be substituted for the words “, by 15th September” the words “each year, on or before 31st July”.

5.—(1) Schedule 1 to the principal Regulations (provision of assessment results information to the Secretary of State) shall be amended as follows.

(2) There shall be inserted after Part I, the following Part—

“PART IASECOND KEY STAGE RESULTS

2A.  The number of registered pupils or near the end of final year of the second key stage.

2B.—(1) Subject to sub-paragraph (3), the number of such pupils who in the following subjects—

(a)English;

(b)mathematics; and

(c)science—

(i)reached each level of the 10 level scale;

(ii)were assessed as working towards level 1; or

(iii)were exempted from assessment under section 18 or 19 of the 1988 Act.

(2) The number of such pupils who in the subjects referred to in sub-paragraph (1) were assessed by teacher assessment but were exempted under section 18 or 19 of the 1988 Act from assessment by the administration of NC tasks, or, who were assessed by the administration of NC tasks but were exempted under section 18 or 19 of that Act from teacher assessment.

(3) The information referred to in sub-paragraph (1)(i) and (ii) shall be given both as determined by teacher assessment of such pupils and by the results of any NC tasks administered to such pupils.”.

(3) In paragraph 4(1) of Part II (third key stage results) there shall be inserted at the beginning the words “Subject to sub-paragraph (3),” and at the end of sub-paragraph 1(ii) there shall be added the word “or”.

(4) Paragraph 4(1)(iv) and (v) shall be omitted.

(5) There shall be substituted for paragraph 4(2) the following sub-paragraphs—

“(2) The number of such pupils who in the subjects referred to in sub-paragraph (1) were assessed by teacher assessment but who were exempted under section 18 or 19 of the 1988 Act from assessment by the administration of NC tasks, or, who were assessed by the administration of NC tasks but were exempted under section 18 or 19 of that Act from teacher assessment.

(3) The information referred to in sub-paragraph (1)(i) and (ii) shall be given both as determined by teacher assessment of such pupils and by the results of any NC tasks administered to such pupils.”.

6.  Paragraph 2 of Schedule 2 to the principal Regulations (provision of information to the Secretary of State on examination and vocational qualification results) shall be amended by the substitution for the word “either” of the word “any”.

7.—(1) Schedule 3 to the principal Regulations (provision of information to the Secretary of State on absence) shall be amended as follows.

(2) In paragraph 1(1) there shall be substituted for the words “before 28th May” the words “on or before the Friday before the last Monday in May”.

(3) In paragraph 1(2) there shall be substituted for “1993” the words “in the reporting school year”.

(4) There shall be inserted after paragraph 4, the following paragraph—

“5.  For the purposes of this Schedule “pupil” does not include a boarding pupil.”.

8.—(1) Schedule 5 to the principal Regulations (provision of general information to the Secretary of State) shall be amended as follows.

(2) There shall be substituted for paragraph 4, the following paragraph—

“4.  The number of registered pupils at the school who have special educational needs but in respect of whom no statement of special educational needs is maintained under section 168 of the Education Act 1993.”.

(3) In paragraph 5 there shall be substituted for the words “section 7 of the Education Act 1981” the words “section 168 of the Education Act 1993”.

Revocation of Regulations and Schedule to the principal Regulations

9.  Regulations 9, 11(2)(c) and (f) and Schedule 4 to the principal Regulations (provision of information to the Secretary of State on lesson time) shall be revoked.

Eric Forth
Minister of State,
Department for Education
19th June 1995

Explanatory Note

(This note is not part of the Regulations)
These Regulations amend the Education (School Performance Information (England) Regulations 1994 (“the principal Regulations”). In addition to minor drafting amendments, the effect of these Regulations is to require the governing body of a county or voluntary school, any special school maintained by a local education authority which is not established in a hospital and any grant-maintained school or grant-maintained special school which is not established in a hospital to provide the Secretary of State with information relating to assessment results of pupils at or near the end of the second key stage. Such pupils will normally be aged eleven.
The Regulations also revoke the provisions in the principal Regulations concerning the provision of information on lesson time.


(1)
1988 c. 40; section 22 was amended by paragraph 6 of Schedule 4 to the Education (Schools) Act 1992 (c. 38) and (in ways not relevant to these Regulations) by paragraph 123 of Schedule 19 to the Education Act 1993 (c. 35). It applies in relation to grant-maintained special schools and their governing bodies by virtue of S.I. 1994/653. For matters to be prescribed, see section 235(7) of the 1988 Act and section 114(1) of the Education Act 1944 (c. 31), and for the transfer of functions to the Secretary of State for Education, see S.I. 1964/490 and 1992/1296.

(2)
1992 c. 38; section 16 applies in relation to grant-maintained special schools and their governing bodies by virtue of S.I. 1994/653. For the meaning of “prescribed”, see section 18(1) of that Act.

(3)
S.I. 1994/1420.

(4)
S.I. 1994/2100.

(5)
S.I. 1994/2101.

(6)
1993 c. 35.