Citation, commencement and application

1. —(1) These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) Regulations 2006 and come into force on 30 ^th November 2006.

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

Amendments

2.The Education (School Performance Information) (England) Regulations 2001( 2 ) are amended as follows.

3. In paragraph (1) of regulation 2 (interpretation)—

(a) after the definition of “authority” insert—

• “ “a child looked after by a local authority” is to be interpreted in accordance with section 22(1) of the Children Act 1989 ( 3 ) ; ” ;

(b) after the definition of “reporting school year” insert the following definitions—

“ “school action” means the action referred to in paragraphs 5.43 to 5.53, in relation to primary schools, and paragraphs 6.50 to 6.61, in relation to secondary schools, of the Special Educational Needs Code of Practice;

“school action plus” means the action referred to in paragraphs 5.54 to 5.61 in relation to primary schools and paragraphs 6.62 to 6.69 in relation to secondary schools of the Special Educational Needs Code of Practice; ” ; and

(c) after the definition of “special educational needs” insert—

“ “Special Educational Needs Code of Practice” means the Code of Practice of that title issued under section 313 of the 1996 Act in November 2001. ” .

4. Omit the following—

(a) regulation 12 (provision of information about excluded pupils to local education authorities);

(b) regulation 13 (provision of information about permanently excluded pupils to the Secretary of State);

(c) Schedule 9 (provision of information to local education authorities about excluded pupils); and

(d) Schedule 10 (provision of information to the Secretary of State about permanently excluded pupils).

5. In regulation 11 (provision of information about primary schools to the Secretary of State), after the words “secondary school” insert “and the proprietor of every Academy with pupils aged 10 years”.

6. In paragraph (1) of regulation 14 (provision of information about second and third key stage assessment results to the National Data Collection Agency)—

(a) after the words “maintained school” insert “and the proprietor of every Academy”; and

(b) after the words “second key stage” insert “or in the case of an Academy has registered pupils aged 11 years,”.

7. In Schedule 3 (provision of information to the Secretary of State: fourth key stage results and results of pupils aged 16, 17 and 18)—

(a) in Part I—

(i) in paragraph 3(1), omit the words “who, during the reporting school year or any of the school years preceding that year, was entered for an external qualification approved for use by pupils of compulsory school age under section 98 of the Learning and Skills Act 2000( 4 ), for the purposes of section 96 of that Act,”;

(ii) in paragraph 3(2), after paragraph (a), insert the following—

“ (za) whether the pupil was entered for an external qualification approved for use by pupils of compulsory school age under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act and, where applicable, the following—

(i) the external qualification taken;

(ii) the name of the awarding body for the external qualification taken;

(iii) the grade or level achieved; and

(iv) the school year in which the pupil was entered for the external qualification. ” ;

(iii) in paragraph 3(2)(d) for the words “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” substitute “and the results of NC tests, including the marks awarded for each component part of those tests where available, achieved by the pupil in the third key stage”;

(iv) in paragraph 3(2)(e), for the words “achieved by the pupil in the second key stage as determined by the results of NC tests in any of the school years preceding the reporting school year” substitute “and the results of the NC tests, including the marks awarded for each component part of those tests where available, achieved by the pupil in the second key stage”; and

(v) after paragraph 3(2)(e), insert—

“ (f) except where the pupil is registered at an independent school other than an Academy or CTC, the following—

(i) the date of the pupil’s admission to the school;

(ii) the pupil’s ethnic group;

(iii) the pupil’s first language;

(iv) the postcode of the home where the pupil normally resides;

(v) whether, pursuant to sections 512(3) and 512ZB of the 1996 Act, the pupil has applied for and been found eligible for free school meals;

(vi) whether the pupil has special educational needs and, where applicable, the type of special educational needs the pupils has, the primary and secondary ranking of those types if there is more than one type, and which SEN provision type forming part of the graduated approach adopted pursuant to The Special Educational Needs Code of Practice is being made for him;

(vii) whether the pupil has, to the knowledge of the governing body or, where appropriate, the proprietor, transferred between schools at any time other than during the months of July, August or September; and

(viii) whether the pupil is, to the knowledge of the governing or, where appropriate, the proprietor, a child looked after by a local authority. ” ;

and

(b) in Part II—

(i) omit paragraphs 6, 7 and 11; and

(ii) in paragraph 8, after the word “external” insert the words “level 3”.

8. In Schedule 5—;

(a) in paragraph 4, after the words “The number registered pupils who have special educational needs” insert the words “to whom support is provided by means of school action”;

(b) in paragraph 5—

(i) for the words “aged 15” substitute the words “at or near the end of the final year of the fourth key stage”; and

(ii) after the words “special educational needs” on the first occasion they occur, insert the words “to whom support is provided by means of school action plus or”;

(c) in paragraph 5A—

(i) for the words “aged 15” substitute “at or near the end of the final year of the fourth key stage”; and

(ii) immediately after the words “special educational needs” on the first occasion they occur, insert the words “to whom support is provided by means of school action”;

(d) in paragraph 6, after the words “registered pupils” insert the words “to whom support is provided by means of school action plus or”;

(e) in paragraph 11 after the words “special educational needs” insert the words “to whom support is provided by means of school action plus or”; and

(f) in paragraph 11A, after the words “special educational needs” on the first occasion they occur, insert the words “to whom support is provided by means of school action”.

9. In Schedule 6 (provision of general information to the Secretary of State: primary schools and middle deemed secondary schools)—

(a) in paragraph 5, after the words “special educational needs” on the first occasion they occur, insert the words “to whom support is provided by means of school action plus or”;

(b) in paragraph 5A, after the words “special educational needs” on the first occasion they occur, insert the words “to whom support is provided by means of school action”;

(c) in paragraph 6, after the words “special educational needs” on the first occasion they occur, insert the words “to whom support is provided by means of school action”; and

(d) in paragraph 8, after the word “needs” insert the words “to whom support is provided by means of school action plus or in respect of whom a statement of special educational needs is maintained under section 324 of the 1996 Act”.