Citation, commencement and interpretation

1. These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) Regulations 2002 and shall come into force on 22nd August 2002.

Amendment of the Education (School Performance Information) (England) (Regulations) 2001

2.The Education (School Performance Information) (England) Regulations 2001( 2 ) shall be amended in accordance with regulations 3 to 13 of these Regulations.

3. In regulation 2(1), in the definition of “assessment”, before “a CTC” there shall be inserted the words “an Academy or” .

4. After regulation 7 there shall be inserted—

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

7A. The governing body of every maintained secondary school and the proprietor of every Academy or CTC 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 2A. ” .

5. In regulation 10, the words “, except a middle deemed secondary school,” shall be omitted.

6. In regulation 14(2), before “CTC” there shall be inserted—

(a) on the first occasion that it occurs, the words “Academy or”;

(b) on the second occasion that it occurs, the words “an Academy or”.

7. —(1) In regulation 16(4), after “secondary school” there shall be inserted—

• “ except that this requirement shall not apply, in respect of paragraph 8 of Schedule 6, in relation to a school which has ten or fewer pupils at or near the end of the final year of the second key stage ” .

(2) In regulation 16(5), for “a special school” there shall be substituted—

• “ that this requirement shall not apply in relation to a special school or, in respect of paragraph 8 of Schedule 6, a school which has ten or fewer registered pupils at or near the end of the final year of the second key stage ” .

(3) In regulation 16(6), sub-paragraph (d)(ii) shall be omitted.

8. After Schedule 2 there shall be inserted as Schedule 2A the Schedule set out as Schedule 1 to these Regulations.

9. —(1) After paragraph 2(c) of Schedule 3, there shall be inserted—

• “ ; and

  (d)

  except where the pupil is registered at an independent school other than an Academy or a CTC, the level of the National Curriculum level scale achieved by the pupil in the third key stage as determined by the results of NC tests in any of the school years preceding the reporting school year ” .

(2) In paragraph 6 of Schedule 3, before “17” there shall be inserted “16,”.

(3) Paragraph 8 of Schedule 3 shall be omitted.

10. —(1) In the heading to Schedule 5, the words “(EXCLUDING MIDDLE DEEMED SECONDARY SCHOOLS)” shall be omitted.

(2) In Schedule 5, before “CTC” each time it occurs there shall be inserted the words “an Academy or”.

(3) In paragraph 3 of Schedule 5, before “17” there shall be inserted “16,”.

(4) After paragraph 10(c) of Schedule 5, the word “or” shall be omitted.

(5) After paragraph 10(d) of Schedule 5, there shall be inserted the following sub-paragraphs—

“ (e) science;

(f) mathematics and computing;

(g) business and enterprise; or

(h) engineering, ” .

(6) After paragraph 10 of Schedule 5, there shall be inserted the following paragraphs—

“ 11. The number of registered pupils at or near the end of the final year of the third key stage who have special educational needs.

12. The number of registered pupils aged 13. ” .

11. In paragraph 2(2) of Schedule 7, after “information” there shall be inserted the words “, as appropriate,”.

12. For Schedule 8 there shall be substituted the Schedule set out as Schedule 2 to these Regulations.

13. In Schedule 9, for paragraph 4 there shall be substituted—

“ 4. Where the pupil has special educational needs—

(a) which stage of the five stage scale referred to in “the Code of Practice on the Identification and Assessment of Special Educational Needs” ( 3 ) issued on 25th May 1994 under section 158 of the Education Act 1993 ( 4 ) applies to him; or

(b) which SEN provision type forming part of the graduated approach adopted pursuant to “the Special Educational Needs Code of Practice” ( 5 ) issued on 3rd December 2001 under section 313 of the 1996 Act is being made for him ” .

Regulation 8

SCHEDULE 1 Schedule to be inserted as Schedule 2A

Regulation 7A

“ SCHEDULE 2A Provision of information to the Secretary of State: Third Key Stage results

1. The number of registered pupils at or near the end of the final year of the third key stage.

2. —(1) In respect of each registered pupil at or near the end of the final year of the third key stage, the pupil’s gender, date of birth and surname followed by first name or, if more than one, each first name.

(2) In respect of each pupil, the following information, as appropriate, in respect of each core subject—

(i) the level of the National Curriculum level scale achieved by the pupil as determined by the results of NC tests;

(ii) the level of the National Curriculum level scale achieved by the pupil at the second key stage as determined by the results of NC tests in any of the school years preceding the reporting school year;

(iii) whether an NC test result is not available for the pupil because, in the opinion of the head teacher, he was working below level 3 of the National Curriculum level scale in mathematics or science and below level 4 of the National Curriculum level scale in English and an NC test was not administered to the pupil;

(iv) whether the pupil failed to achieve a level on the National Curriculum level scale in an NC test for a reason other than absence from the test;

(v) whether the pupil was exempted from an NC test under section 364 or 365 of the 1996 Act; or

(vi) whether an NC test result is not available because the pupil was absent on the day the NC test was administered. ” .

Regulation 12

SCHEDULE 2 Schedule to be substituted for Schedule 8

Regulation 16(8)

SCHEDULE 8 Form in which information is to be published by Local Education Authorities