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The Education (Pupil Information) (England) Regulations 2000

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Statutory Instruments

2000 No. 297

EDUCATION, ENGLAND

The Education (Pupil Information) (England) Regulations 2000

Made

9th February 2000

Laid before Parliament

9th February 2000

Coming into force

For all purposes except regulation 11

1st March 2000

For all purposes of regulation 11

1st May 2000

In exercise of the powers conferred on the Secretary of State by sections 408, 563 and 569(4) and (5) of the Education Act 1996(1), and after consulting with those persons with whom consultation appeared to him to be desirable, the Secretary of State for Education and Employment hereby makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Pupil Information) (England) Regulations 2000 and shall come into force on 1st March 2000 except for regulation 11 which shall come into force on 1st May 2000.

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

Interpretation

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

“the Act” means the Education Act 1996;

“the associated documents” means the documents published by the Stationery Office, setting out any levels of attainment, attainment targets and end of key stage descriptions in relation to the foundation subjects, which documents have effect by virtue of the respective section 356(2)(a) and (b) orders for those subjects for the time being in force;

“common transfer form” means one of the forms set out in Parts 1 to 4 of Schedule 5 to these Regulations;

“core subjects” means English, mathematics and science;

“curricular record” means a formal record of a pupil’s academic achievements, his other skills and abilities and his progress in school;

“education welfare officer” means any person whose duties include securing the regular attendance at school of pupils of compulsory school age;

“external marking agency” means a body nominated by the Qualifications and Curriculum Authority(2)(or by any successor body to that Authority) and approved by the Secretary of State to mark NC tests;

“foundation subjects” means art, geography, history, a modern foreign language, music, physical education, technology and any core subject;

“GCE ‘A’ level examinations” and “GCE ‘AS’ examinations” mean General Certificate of Education advanced level examinations and General Certficate of Education advanced supplementary examinations respectively;

“GCSE” means the General Certificate of Secondary Education;

“IB” means the International Baccalaureate Diploma;

“institution of further or higher education” means any institution falling within sub-section (10) of section 218 of the Education Reform Act 1988(3);

“key stage” means any of the periods set out in paragraphs (a) to (d) respectively of section 355(1) of the Act, and a reference to the first, second, third or fourth key stage is a reference to the periods set out respectively in the said paragraphs (a) to (d);

“maintained school” means a community, foundation or voluntary school or a community or foundation special school other than such a school which is established in a hospital;

“NC tasks” means National Curriculum standard tasks administered to pupils pursuant to the Education (National Curriculum) Key State 1 Assessment Arrangements) (England) Order 1999(4);

“NC tests” means National Curriculum tests administered to pupils to assess 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 orders made under section 356(2)(c) of the Act which have been published by the Stationery Office;

“responsible person” means—

(a)

the head teacher of an independent school; or

(b)

the governing body of any other school, or

(c)

the person responsible for the conduct of any institution of further or higher education or other place of education or training to which a pupil transfers or may transfer;

“section 356(2)(a) and (b) orders” means orders made under section 356(2)(a) and (b) of the Act specifying attainment targets and programmes of study;

“school day” means a day on which the school meets;

“stage of SEN” means the stage of special educational needs as described in the Code of Practice on the Identification and Assessment of Special Educational Needs issued, and from time to time revised, under section 313 of the Act(5);

“the statutory arrangements” means assessment arrangements specified by orders made under section 356(2)(c) of the Act;

“teacher assessment” means assessment of a pupil’s level of attainment in an attainment target or foundation subject by the pupil’s teacher as specified in the statutory arrangements;

“unique pupil number” means a combination of numbers which together with a letter or letters are allocated to a pupil and are particular to him, by use of a formula determined by the Department for Education and Employment.

“vocational qualification” includes a credit towards such a qualification;

“the 1999 (Key Stage 1) Order” means the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 1999(6);

“the 1999 (Key Stage 2) Order” means the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 1999(7); and

“the 1999 (Key Stage 3) Order” means the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1999(8).

(2) In these Regulations references to levels, attainment targets and end of key stage descriptions are references to, respectively, the levels of attainment, attainment targets and end of key stage descriptions set out in the associated documents.

(3) 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 to a numbered paragraph is to the paragraph of that regulation bearing that number.

Meaning of educational record

3.—(1) In these Regulations “educational record” means any record of information which—

(a)is processed by or on behalf of the governing body of, or a teacher at, any school specified in paragraph (2);

(b)relates to any person who is or has been a pupil at the school; and

(c)originated from or was supplied by or on behalf of any of the persons specified in paragraph (3),

other than information which is processed by a teacher solely for the teacher’s own use.

(2) The schools referred to in paragraph (1)(a) are—

(a)a school maintained by a local education authority; and

(b)a special school which is not so maintained.

(3) The persons referred to in paragraph (1)(c) are—

(a)an employee of the local education authority which maintains the school;

(b)in the case of—

(i)a voluntary aided, foundation or foundation special school; or

(ii)a special school which is not maintained by a local education authority,

a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services);

(c)the pupil to whom the record relates; and

(d)a parent of that pupil(9).

Duties of Head Teacher—Curricular Records

4.  The head teacher of every school maintained by a local education authority, except a nursery school, and of every special school not so maintained, shall keep a curricular record, updated at least once a year, in respect of every registered pupil at the school.

Duties of Head Teacher—Educational Records

5.—(1) Upon receiving a written request by a parent for disclosure of a pupil’s educational record, the head teacher of a school maintained by a local education authority, except a nursery school, and of a special school not so maintained, shall, within fifteen school days, make it available for inspection, free of charge, to the parent.

(2) Upon receiving a written request by a parent for a copy of a pupil’s educational record, the head teacher shall, within fifteen school days, give the parent a copy of it on payment of such fee (not exceeding the cost of supply), if any, as the governing body may prescribe.

(3) In every case where the pupil is under consideration for admission to another school (including an independent school) or to an institution of further or higher education, the head teacher shall transfer the pupil’s curricular record to the responsible person, free of charge, if that person so requests, within fifteen school days of receiving the request. The record supplied shall not include the results of any assessment of the pupil’s achievements.

(4) When complying with a request for disclosure or a copy of a pupil’s educational record under this regulation, a head teacher shall not disclose any documents which are subject to any order under section 30(2) of the Data Protection Act 1998(10).

Head Teacher’s report to parents and adult pupils

6.—(1) The head teacher of every maintained school shall each school year make available in writing to the persons specified in paragraph (2) a report containing the information specified in paragraphs (4) to (6).

(2) The persons are—

(a)in the case of pupils registered at the school aged 18 or over at the time a report is sent and who are not proposing to leave school by the end of the school year to which the report relates, each such pupil and, if the head teacher considers there to be special circumstances which make it appropriate, the parent of each such pupil,

(b)subject to paragraph (3), in the case of all other pupils registered at the school, the parent of each such pupil;

(3) Paragraph 2(b) does not apply to any pupil registered at the school who has ceased to be of compulsory school age and who is proposing to leave school or who has left the school (and in respect of whom the information in regulation 9 is to be made available to the pupil concerned).

(4) The report shall contain the information about the educational achievements of the pupil to whom or to whose parent the report is sent and the other information relating to him specified—

(a)as respects pupils in the final year of the first, second, third or fourth key stage, in Part 1 of Schedule 1;

(b)as respects pupils in any other year of a key stage, in Part 2 of Schedule 1;

(c)as respects pupils who have been entered for GCE ‘A’ level or GCE ‘AS’ examinations or IB or who have obtained a vocational qualification, in Part 3 of Schedule 1; and

(d)as respects all other pupils, in Part 4 of Schedule 1.

(5) In the case of pupils registered at the school in the final year of the first, second or third key stage there shall be included in the report the information relating to the educational achievements of all other pupils in that key stage registered at the school who achievements were assessed at the same time as the pupil’s achievements, and the other information relating to such pupils, specified in Schedule 2.

(6) In the case of pupils registered at the school in the final year of the first, second or third key stage there shall be included in the report the information specified in paragraph 1, 2 or 3, as the case may be, of Schedule 3 relating to the educational achievements of all pupils at schools in England who were in the final year of that key stage in the preceding school year and whose achievements were assessed in that preceding school year.

(7) Nothing in this regulation shall prevent the information specified in paragraphs (4) to (6) being contained in more than one report provided that, subject to regulation 7(1), the head teacher shall each school year send such information by post or otherwise before the end of the summer term.

(8) The period to which a report containing any information specified in paragraph (4) relates shall in all cases begin with the later of—

(a)the pupil’s admission to the school; and

(b)the end of the period to which the last report on such matters made pursuant to these Regulations, or as the case may be the Regulations revoked by these Regulations.

Late receipt of Information by Head Teacher

7.—(1) Where any of the particulars necessary to provide the information under regulation 6 specified in paragraph (2) below are not received by the head teacher until after the end of the summer term, he shall send such information as soon as practicable and in any event not later than the following 30th September.

(2) The information is—

(a)the results of public examinations taken or details of vocational qualifications achieved by a pupil; or

(b)the results of NC tests taken by a pupil at the end of the second or third key stage or pursuant to article 7(1) of the 1999 (Key Stage 1) Order as given in the record of results provided by the external marking agency in accordance with, as the case may be, the 1999 (Key Stage 2) Order or the 1999 (Key Stage 3) Order; or

(c)the information referred to in paragraph 2(3) and 3(4) of Schedule 1 and paragraphs 2 and 3 of Schedule 2.

(3) Paragraphs (4) and (5) apply where, before the end of the summer term the head teacher has requested, but not received the result of, a review by the external marking agency of the result of any of the NC tests taken by a pupil in the final year of the second or third key stage or pursuant to article 7(1) of the 1999 (Key Stage 1) Order.

(4) The information specified in regulation 6(4)(a) shall indicate that the result which is the subject of the review is provisional.

(5) Once the review result has been received by the head teacher, he shall send as soon as practicable and in any event no later than the following 30th September after the summer term, information giving the reviewed result of the NC tests, to those persons who earlier received the information pursuant to regulation 6(1) and paragraph (4) of this regulation whether or not it is different from that as originally notified to those persons.

Additional information to be made available

8.  In the case of a pupil in the final year of a key stage, the head teacher of a maintained school shall, if requested by the pupil’s parent, make available to the parent, within fifteen school days of receiving the request, information consisting of his levels in each attainment target in any of the foundation subjects in accordance with the statutory arrangements if any information has not previously been made available pursuant to these Regulations.

School leaver’s report

9.—(1) The head teacher of every maintained school shall make available to any pupil who has ceased to be of compulsory school age and is proposing to leave or has left the school the information referred to in paragraph (2).

(2) The information consists of—

(a)the pupil’s name;

(b)the pupil’s school; and

(c)brief particulars of the pupil’s progress and achievements in subjects and activities forming part of the school curriculum (other than in relation to any public examination or vocational qualification) in the school year during or at the end of which the pupil left school.

(3) The information referred to in paragraph (2) shall be included under the heading “Achievements in Education” in the form specified in Schedule 4, or a form to the like effect.

(4) The form in which the information referred to in paragraph (2) is made available shall provide for signature by the pupil and by a teacher who is familiar with the pupil and his achievements.

(5) Such information shall be made available to the pupil no later than 30th September next following the end of the school year during or at the end of which the pupil left the school.

Transfer of information when a pupil changes school

10.—(1) Subject to pargaraph (4) and regulation 11, where a pupil ceases to be a registered pupil at a maintained school (his “old” school) and becomes a registered pupil at another school (his “new ” school), the head teacher of the pupil’s old school shall within the time referred to in paragraph (3) send the information referred to in paragraph (2) and any other educational record to the head teacher of his new school.

(2) The information is—

(a)the subject and attainment level target achieved by the pupil in each of the core subjects shown by his most recent and all previous assessments (where available) in accordance with the statutory arrangements specifying—

(i)in the case of assessments in respect of the final year of Key Stage 1, both teacher and NC task assessed levels; and

(ii)in the case of assessments in respect of the final year of the second or third key stage, levels assessed by both teacher assessment and the results of any NC tests;

(b)in the case of assessments in the final year of the third key stage—

(i)the most recent and all previous (where available) teacher assessed levels in accordance with the statutory arrangements in respect of the subject and attainment target levels achieved by the pupil in design and technology and a modern foreign language and the teacher assessed levels achieved by the pupil in geography, history and information technology; and

(ii)a brief statement indicating what the pupil has achieved in relation to the end of key stage descriptions for art, music and physical education as assessed in accordance with the statutory arrangements;

(c)in the case of a pupil of compulsory school age—

(i)if he is in the first or second key stage, his teachers' most recent assessments of his achievements in relation to all attainment targets in the core subjects in accordance with the statutory arrangements since the later of his last assessment in accordance with the statutory arrangements and his admission to the old school,

(ii)if he is in the third or fourth key stage, the information referred to in (i) above together with his teachers' most recent assessments of his achievements in relation to all attainment targets in the non core subjects; and

(d)any results held by the school of any public examinations taken and details of vocational qualifications achieved by him (including results of such examinations taken and details of such qualifications achieved, when the pupil was a registered pupil at another maintained school).

(3) The head teacher of the pupil’s old school shall send the information within fifteen school days of the pupil’s ceasing to be registered at the schoool.

(4) This regulation does not apply where it is not reasonably practicable for the head teacher of the old school to ascertain the pupil’s new school or where the pupil was registered at his old school for less than four weeks.

(5) Notwithstanding paragraph (4) if the head teacher of the pupil’s old school receives at any time a request from the head teacher of the pupil’s new school for a report about the pupil he shall send one containing the information referred to in paragraph (2) within fifteen school days of receiving the request.

Common Transfer Form

11.—(1) When a pupil ceases to be a registered pupil at a maintained school (his “old” school) and becomes a registered pupil at another school (his “new” school), the head teacher of the pupil’s old school shall record the information in respect of that pupil set out in the common transfer form in Part 1, 2, 3 or 4 of Schedule 5 depending on whether that pupil is in the first, second, third or fourth key stage.

(2) The head teacher shall send a copy of that record in the format set out in the appropriate part of Schedule 5, in either electronic or paper form, to the head teacher of the new school.

(3) Regulation 10(3) to (5) shall apply in relation to this regulation.

(4) Where the head teacher of the old school sends a completed common transfer form to the head teacher of the new school that satisfies the obligation in regulation 10 to send the information referred to in paragraph (2) of that regulation.

Translation

12.  If it appears requisite to the head teacher of any school that any information which these Regulations require him to make available should be translated into a language other than English, it shall be so translated and these Regulations shall apply to the translated information as they apply to the original information.

Revocations

13.  The Regulations listed in Schedule 6 are hereby revoked in relation to England.

Jacqui Smith

Parliamentary Under Secretary of State,

Department for Education and Employment

9th February 2000

Regulation 6(4)

SCHEDULE 1INFORMATION ABOUT INDIVIDUAL PUPILS

PART 1PUPILS IN THE FINAL YEAR OF THE FIRST KEY STAGE

1.—(1) The information specified in Part 2 of this Schedule.

(2) Subject to sub-paragraph (4), teacher assessment of the pupil’s subject level in mathematics and science, together with the results of any NC tasks in mathematics.

(3) Subject to sub-paragraph (4), teacher assessment of the pupil’s level of attainment in the attainment targets in English entitled “Speaking and Listening”, “Reading” and “Writing” and the results of any NC tasks in “Spelling” and in the attainment targets of “Reading” and “Writing”.

(4) Where pursuant to article 7(1) of the 1999 (Key Stage 1) Order, the NC tests for English, (AT2), Reading, (AT3) Writing or both, or mathematics, or both, laid down for the purposes of the 1999 (Key Stage 2) Order are administered to a pupil, the results of any such Key Stage 2 NC tests as recorded pursuant to article 5(5) of the 1999 (Key Stage 2) Order in which the pupil concerned achieved level 4 or above in the levels of attainment for the core subject concerned in place of the results of the NC tasks for that core subject referred to in sub-paragraph (2) or (3), or both, as the case may be.

(5) A brief account of what the pupil’s achievements reported in accordance with the above sub-paragraphs show about the pupil’s progress in the core subjects individually and in relation to other children in the same year of the key stage which draws attention to any particular strengths and weaknesses of the pupil.

PUPILS IN THE FINAL YEAR OF THE SECOND KEY STAGE

2.—(1) The information specified in Part 2 of this Schedule.

(2) Teacher assessment of the pupil’s subject level in each of the core subjects together with the results of any NC tests in such subjects.

(3) Teacher assessment of the pupil’s level of attainment targets in English entitled “Speaking and Listening”, “Reading” and “Writing” together with the results of any NC tests in the attainment targets of “Reading” and “Writing”.

(4) A brief account of what the pupil’s achievements reported pursuant to sub-paragraph (2) and (3) show about the pupil’s progress in the core subjects individually and in relation to other children in the same year of the key stage which draws attention to any particular strengths and weaknesses of the pupil.

PUPILS IN THE FINAL YEAR OF THE THIRD KEY STAGE

3.—(1) The information specified in Part 2 of this Schedule.

(2) Teacher assessment of the pupil’s subject level in each of the core subjects together with the results of any NC tests in such subjects.

(3) Teacher assessment of the pupil’s subject level in geography, history, a modern foreign language, design and technology and information technology.

(4) A brief account of what the pupil’s achievements reported pursuant to sub-paragraphs (2) and (3) show about the pupil’s progress in the core subjects and other subjects referred to individually and in relation to other children in the same year of the key stage which draws attention to any particular strengths and weaknesses of the pupil.

(5) A brief statement indicating what the pupil has achieved in relation to the end of the key stage descriptions for art, music and physical education as assessed in accordance with statutory arrangements.

PUPILS IN THE FINAL YEAR OF THE FOURTH KEY STAGE

4.—(1) The information specified in Part 2 of this Schedule.

(2) (a) The name of any subject in which the pupil was entered for the GCSE and the grade achieved; and

(b)any other qualification or unit towards such qualification and where available the grade achieved.

PART 2PUPILS IN ANY OTHER YEAR OF A KEY STAGE

5.—(1) The information specified in Part 4 of this Schedule.

(2) In relation to all foundation subjects, brief particulars of the pupil’s achievements in relation to each subject together with a statement, where the particulars include levels, whether or not those levels have been determined in accordance with the statutory arrangements.

(3) Where the pupil is in the final year of a key stage, particulars of any attainment target or subject from which the pupil is exempt.

(4) A summary of the pupil’s attendance record during the period to which information relates showing the number of possible attendances and of those, the percentage of unauthorised absences (meaning any absence from the school for which leave has not been granted by a person authorised in that behalf by the governing body of the school).

PART 3PUPILS WHO HAVE TAKEN GCE ‘A’ LEVEL OR GCE ‘AS’ EXAMINATIONS

6.—(1) The information specified in Part 4 of this Schedule.

(2) The name of any subject in which the pupil was entered for GCE ‘A’ level or GCE ‘AS’ examinations and the grade achieved.

(3) The number of points scored by the pupil, calculated on the following basis:

  • GCE ‘A’ level: grade A = 10 points;

    • grade B = 8 points; grade C = 6 points;

    • grade D = 4 points; and grade E = 2 points.

    • GCE ‘AS’: grade A = 5 points;

    • grade B = 4 points; grade C = 3 points;

    • grade D = 2 points; and grade E = 1 point.

PUPILS WHO HAVE OBTAINED A VOCATIONAL QUALIFICATION OR IB

7.—(1) The information specified in Part 4 of this Schedule.

(2) The qualification or credit towards such qualification and, where available, the grade achieved.

PART 4ALL PUPILS

8.—(1) Brief particulars of the pupil’s achievements in any subject or activity not mentioned elsewhere in this Schedule which forms part of the school curriculum and of his skills and abilities and his general progress at school during the period to which the information relates.

(2) Particulars of the arrangements under which the report may be discussed with the pupil’s teacher by his parent or, in the case of a pupil aged 18 or over, the pupil.

(3) The results of any public examination taken and details of any qualification or credit towards such qualification obtained by the pupil during the period to which the information relates which are not referred to elsewhere in this Schedule.

Regulation 6 (5)

SCHEDULE 2INFORMATION ABOUT PUPILS AT THE SCHOOL

PUPILS IN THE FINAL YEAR OF THE FIRST KEY STAGE

1.—(1) The percentages of registered pupils in the final year of the first key stage at each level in—

(a)each of the attainment targets in English entitled “Reading” and “Writing” shown as determined by teacher assessment and by any NC tasks;

(b)the attainment target in English entitled “Speaking and Listening” shown as determined by teacher assessment;

(c)“Spelling” shown as determined by any NC tasks level;

(d)mathematics shown as determined by teacher assessment and by any NC tasks; and

(e)science shown as determined by teacher assessment.

(2) The percentage of registered pupils in the final year of the first key stage who are working towards level 1.

(3) The percentage of registered pupils in the final year of the first key stage who are exempt from each attainment target referred to in sub-paragraph (1) and the core subject of mathematics.

(4) The percentages of registered pupils in the final year of the first key stage who were absent from each NC task referred to in sub-paragraph (1).

PUPILS IN THE FINAL YEAR OF THE SECOND KEY STAGE

2.—(1) The percentage of registered pupils in the final year of the second key stage who achieved each level in each core subject shown both as determined by teacher assessment and by any NC tests.

(2) The percentage of registered pupils in the final year of the second key stage who are working towards level 1 as shown by teacher assessment.

(3) The percentage of registered pupils in the final year of the second key stage who are exempt from each core subject.

(4) The percentage of registered pupils in the final year of the second key stage who were absent from any NC test referred to in sub-paragraph (1).

(5) The percentage of registered pupils in the final year of the second key stage who were not entered for any NC tests.

PUPILS IN THE FINAL YEAR OF THE THIRD KEY STAGE

3.—(1) The percentages of registered pupils in the final year of the third key stage who achieved each level in each core subject shown both as determined by teacher assessment and by any NC tests.

(2) The percentages of registered pupils who achieved each level of attainment in geography, history, modern foreign languages, design and technology and information technology shown as determined by teacher assessment.

(3) The percentages of registered pupils in the final year of the third key stage who are working towards level 1 as shown by teacher assessment.

(4) The percentages of registered pupils in the final year of the third key stage who are exempt from each foundation subject.

(5) The percentages of registered pupils in the final year of the third key stage who were absent from any NC test referred to in sub-paragraph (1) and (2).

(6) The percentage of registered pupils who were not entered for any NC tests.

Regulation 6(6)

SCHEDULE 3INFORMATION ABOUT PUPILS AT SCHOOLS IN ENGLAND

PUPILS IN THE FINAL YEAR OF THE FIRST KEY STAGE

1.—(1) The percentages referred to in this paragraph are those that are provided by the Department for Education and Employment in respect of all registered pupils at schools in England in the final year of the first key stage in the preceding school year.

(2) The percentage of such pupils who achieved each level of attainment in—

(a)each of the attainment targets in English entitled “Reading” and “Writing”, shown as determined by teacher assessment and by NC tasks;

(b)the attainment target in English entitled “Speaking and Listening” shown as determined by teacher assessment;

(c)mathematics shown as determined by teacher assessment and by NC tasks; and

(d)science shown as determined by teacher assessment.

(3) The percentage of such pupils who are working towards level 1.

(4) The percentages of such pupils who were exempt from each attainment target referred to in sub-paragraph (2).

(5) The percentages of such pupils who were absent from each NC task referred to in sub-paragraph (2).

PUPILS IN THE FINAL YEAR OF THE SECOND KEY STAGE

2.—(1) The percentages referred to in this paragraph are those that are provided by the Department for Education and Employment in respect of all registered pupils at schools in England in the final year of the second key stage in the preceding school year.

(2) The percentage of such pupils who achieved level 2 and below in the levels of attainment in respect of the core subjects as determined by NC tests.

(3) The percentages of such pupils who achieved each level of attainment from level 3 and above in the core subjects shown as determined by NC tests.

(4) The percentages of such pupils who achieved each level of attainment in the core subjects shown as determined by teacher assessment.

(5) The percentage of such pupils who were working towards level 1 shown as determined by teacher assessment.

(6) The percentage of such pupils who were exempt from each core subject.

(7) The percentage of such pupils who were absent from any NC test referred to in sub-paragraphs (2) and (3).

PUPILS IN THE FINAL YEAR OF THE THIRD KEY STAGE

3.—(1) The percentages referred to in this paragraph are those that are provided by the Department of Education and Employment in respect of all registered pupils at schools in England in the final year of the third key stage in the preceding school year.

(2) The percentage of such pupils who achieved level 2 and below in the levels of attainment in respect of mathematics and science shown as determined by NC tests.

(3) The percentage of such pupils who achieved level 3 and below in the levels of attainment in respect of English shown as determined by NC tests.

(4) The percentages of such pupils who achieved each level of attainment from level 3 and above in mathematics and science shown as determined by NC tests.

(5) The percentages of such pupils who achieved each level of attainment from level 4 and above in English shown as determined by NC tests.

(6) The percentages of such pupils who achieved each level of attainment in the core subjects shown as determined by teacher assessment.

(7) The percentage of such pupils who were working towards level 1 shown as determined by teacher assessment.

(8) The percentage of such pupils who were exempt from each core subject.

(9) The percentage of such pupils who were absent from any NC test referred to in sub-paragraphs (2) to (5).

Regulation 9 (3)

SCHEDULE 4

ACHIEVEMENTS IN EDUCATION

Regulation 13

SCHEDULE 6REVOCATIONS

(1)(2)(3)
Regulations revokedReferencesExtent of Revocation (in relation to England)
The Education (School Records) Regulations 1989S.I. 1989/1261The whole Regulations
The Education (Individual Pupils' Achievements) (Information) Regulations 1992S.I. 1992/3168Regulation 8(11)
The Education (Individual Pupils' Achievements) (Information) Regulations 1997S.I. 1997/1368The whole Regulations
The Education (Individual Pupils' Achievements) (Information) (Amendment) Regulations 1998S.I. 1998/877The whole Regulations

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the keeping of records about the academic achievements, the skills and abilities and the progress of a pupil at a school maintained by a local education authority (except a nursery school) and a special school not so maintained (regulation 4).

They make provision for the disclosure of educational records by the head teachers of all schools maintained by local education authorities (except nursery schools) and special schools not so maintained (regulation 5).

The regulations also require the provision of information by head teachers of community, foundation or voluntary schools and community or foundation special schools other than such schools established in a hospital, (“maintained schools”) primarily about the educational achievements of their pupils (regulations 6, 7, 8 and 9).

Regulation 10 provides for the transfer of information when a pupil moves from a maintained school to another school (not necessarily another maintained school).

Regulation 11 provides for the recording of information on so called common transfer forms and for them to be sent (in either electronic or paper form) when a pupil moves from a maintained school to another school (not necessarily another maintained school). Paper copies of the common transfer form can be obtained from DfEE Publications, PO Box 5050, Sudbury, Suffolk CO10 6ZQ (Tel: 0845 602 2260, Fax: 0845 603 3360, E-mail: dfee@prologistics.co.uk).

These Regulations revoke and replace the Education (School Records) Regulations 1989, the Education (Individual Pupils' Achievements) (Information) Regulations 1992, the Education (Individual Pupils' Achievements) (Information) Regulations 1997 and the Education (Individual Pupils' Achievements) (Information) (Amendment) Regulations 1998.

The major change in these regulations is the omission of provisions relating to the right to access information by pupils. From 1st March 2000 this will be governed by the Data Protection Act 1998.

(1)

1996 c. 56. By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the powers conferred by these provisions are exercisable by the Secretary of State only in relation to England. Section 408 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 30(a) and the School Standards and Framework Act 1998 (c. 31), Schedule 30, paragraph 106. For the meaning of “prescribed” and “regulations” see section 579(1).

(2)

The Qualifications and Curriculum Authority was established under section 21 of the Education Act 1997 (c. 44).

(3)

1988 c. 40. Section 10 of section 218 was amended by paragraph 49 of Schedule 8 to the Further and Higher Education Act 1992 (c. 13).

(4)

S.I. 1999/1236 as amended by S.I. 1999/2187.

(5)

ISBN 0 85522 444 4. The Code of Practice originally issued under section 157 of the Education Act 1993 (c. 35) continues to have effect by virtue of the 1996 Act, Schedule 39, paragraph 1.

(6)

S.I. 1999/1236, amended by S.I. 1999/2187.

(7)

S.I. 1999/2188.

(8)

S.I. 1999/2189.

(9)

This definition of “educational record” is the same as the definition contained in Schedule 11 to the Data Protection Act 1998 (c. 29).

(11)

The remainder of these Regulations were revoked by S.I. 1993/3182.

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