Citation, commencement and application

1. —(1) These Regulations may be cited as the Education (School Performance Targets) (England) (Amendment) Regulations 2007 and come into force on 12th November 2007.

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

Amendment of Regulations

2.The Education (School Performance Targets) (England) Regulations 2004( 2 ) are amended as follows.

3. In regulation 2 (Interpretation)—

(a) in the definition of “approved qualification”, omit the words “entry level, level 1 or”;

(b) before the definition of “GCE AS level” insert—

“ “first key stage” has the same meaning as in section 82(1)(a) of the 2002 Act; ” ;

“ “fourth key stage pupils” means pupils who are in the fourth key stage referred to in section 82(1)(d) of the 2002 Act; ” ;

(c) omit the definitions of “level 1”, “level 4” and “level 5”; and

(d) before “level 2 threshold”, insert—

“ “level” means any level of the National Curriculum attainment targets as specified in an Order made or having effect as if made by the Secretary of State under section 87(3)(a) of the 2002 Act ( 3 ) and “level 4” and “level 5” are construed accordingly; ” .

4. In regulation 3 (Targets for pupils in the second key stage), for paragraph (3) substitute—

“ (3) The targets referred to in paragraph (2) are—

(a) the percentage of the relevant group of second key stage pupils to achieve level 4 or above in such tests in both English and mathematics;

(b) in such tests in English, the percentage of the relevant group of second key stage pupils to achieve a level that is at least 2 levels higher than the level achieved at the end of the first key stage; and

(c) in such tests in mathematics, the percentage of the relevant group of second key stage pupils to achieve a level that is at least 2 levels higher than the level achieved at the end of the first key stage. ” .

5. In regulation 4 (Targets for pupils in the third key stage), for paragraph (3) substitute—

“ (3) The targets referred to in paragraph (2) are—

(a) the percentage of the relevant group of third key stage pupils to achieve level 5 or above in NC tests in both English and mathematics;

(b) the percentage of the relevant group of third key stage pupils to achieve level 5 or above in NC tests in science;

(c) in NC tests in English, the percentage of the relevant group of third key stage pupils to achieve a level that is at least 2 levels higher than the level achieved at the end of the second key stage; and

(d) in NC tests in mathematics, the percentage of the relevant group of third key stage pupils to achieve a level that is at least 2 levels higher than the level achieved at the end of the second key stage. ” .

6. In regulation 5 (Targets for pupils aged 15)—

(a) in the title of the regulation and in paragraph (2), for “pupils aged 15” substitute, “pupils in the fourth key stage”;

(b) in paragraph (1), for “have attained the age of 15”, substitute “are in the fourth key stage”;

(c) for paragraph (3), substitute—

“ (3) The targets referred to in paragraph (2) are—

(a) the percentage of the relevant group of fourth key stage pupils to achieve the level 2 threshold in approved qualifications including grades A* - C in English and Mathematics GCSE qualifications;

(b) in approved GCSE qualifications in English the percentage of the relevant group of fourth key stage pupils to achieve a grade that is the equivalent of a level at least 2 levels higher than the level achieved at the end of the third key stage; and

(c) in approved GCSE qualifications in mathematics, the percentage of the relevant group of fourth key stage pupils to achieve a grade that is the equivalent of a level at least 2 levels higher than the level achieved at the end of the third key stage. ” ;

(d) in paragraph (5)—

(i) for “the relevant group of pupils aged 15” substitute “the relevant group of pupils in the fourth key stage”;

(ii) for sub-paragraphs (i) and (ii) substitute—

“ (i) will be registered pupils at a maintained school; and

(ii) will be in the final year of the fourth key stage. ” ;

(e) after paragraph (7), insert —

“ (8) For the purposes of paragraph (3) of this regulation, the equivalent of a level is that which is shown in the table in Schedule 1A. ” .

7. Before Schedule 2, insert—

Regulations 5(3) and (8)

“ SCHEDULE 1A