Citation, commencement and application

1.-(1) This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for English, Mathematics, Science, Technology, History and Geography) (Key Stage 1) Order 1992 and shall come into force on 1st August 1992.

(2) The provisions of this Order apply for the purpose of ascertaining the achievements of pupils at or near the end of the final year of the first key stage in English, mathematics, science, technology, history and geography.

(3) This Order applies to maintained schools in England only.

Revocation

2. The Education (National Curriculum) (Assessment Arrangements for English, Mathematics and Science) (Key Stage 1) Order 1991(2) and the Education (National Curriculum) (Assessment Arrangements for Technology) (Key Stage 1) Order(3) are revoked.

Interpretation

3.-(1) In this Order-

"the associated documents" means documents published by Her Majesty's Stationery Office, setting out levels of attainment, attainment targets and programmes of study in relation to English, mathematics, science, technology, history and geography respectively, which documents have effect by virtue of the section 4(2)(a) and (b) orders;

"the core subjects" means English, mathematics and science;

"maintained school" has the meaning assigned to it by section 25(1) of the Education Reform Act 1988;

"profile components" means the attainment target and the groupings of attainment targets in English and technology referred to in article 7;

"SATs" means standard assessment tasks for the purpose of assessing the levels of attainment the pupils have achieved in attainment targets in any subject in relation to which this Order applies, being tests laid down in provisions made by the Secretary of State under article 12 which have been published by Her Majesty's Stationery Office;

"SEAC" means the School Examinations and Assessment Council;

"the section 4(2)(a) and (b) orders" means the Education (National Curriculum) (Attainment Targets and Programmes of Study in English) Order 1989(4), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) Order 1991(5), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Science) Order 1991(6), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Technol-ogy) Order 1990(7), the Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (England) Order 1991(8) and the Education (National Curriculum) (Attainment Targets and Programmes of Study in Geogra-phy) (England) (No. 2) Order 1991(9);

"specified" means specified in relation to the first key stage by a section 4(2)(a) and (b) order;

"spring term" and "summer term" mean the second and third terms respectively in a school year;

references to the first key stage are references to the period set out in paragraph (a) of section 3(3) of the Education Reform Act 1988; and

references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated documents.

(2) Where any average number required to be determined by this Order is not a whole number, it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.

(3) In this Order unless the context otherwise requires any reference to a numbered article is a reference to the article in this Order so numbered and any reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.

Teacher assessment: provisions common to all subjects

4.-(1) The provisions of this article apply in relation to the core subjects, technology, history and geography.

(2) Each pupil shall be assessed by a teacher not later than four weeks before the end of the summer term in accordance with those provisions and a record of the results shall be made by that teacher.

(3) The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in relation to each attainment target specified for each subject which applies to him.

(4) Subject to paragraph (5), the record of the results shall consist of a statement of each level of attainment achieved by the pupil in relation to every attainment target mentioned in paragraph (3).

(5) Where it appears to the teacher that the pupil's level of attainment in any attainment target is higher than level 3, but the teacher is unable to state that level in reliance on his assessment of the pupil under this article, the pupil shall be recorded as having achieved level 3.

(6) In making an assessment of a pupil pursuant to this article and (in the case of the core subjects) article 5 the teacher shall take into account any guidance on assessment issued by the local education authority (in the case of a school maintained by such an authority) or by SEAC (in the case of a grant-maintained school), and in making such an assessment the teacher may take into account the results of any previous assessments of the pupil including assessments by means of SATs, whether or not the previous assessments were made by that teacher.

Standard task assessment: the core subjects

5.-(1) This article applies in relation to the core subjects.

(2) Subject to article 12 each pupil shall be assessed in accordance with the provisions of this article, and such an assessment shall be known as a "SAT assessment ".

(3) SATs shall be administered to the pupil during the second half of the spring term and the summer term (except the last four weeks thereof) in accordance with the provisions of the document in which they are published.

(4) An assessment based on the pupil's performance in each SAT shall be made, and the result thereof recorded, not later than four weeks before the end of the summer term.

(5) The record of the results shall consist of a statement of each level of attainment achieved by the pupil in relation to each relevant attainment target.

(6) In paragraph (5) "relevant attainment target" means any attainment target in which the SATs enable achievement to be assessed.

Determination of level of attainment by assessments: the core subjects

6.-(1) Subject to article 10 the provisions of this article regulate the application of the results of teacher and SAT assessments in order to determine a pupil's level of attainment in each attainment target in the core subjects.

(2) (a) Where the results of the teacher assessment and the SAT assessment are the same, the level of attainment determined by those assessments shall be the pupil's level;

(b)where the SAT does not enable achievements to be assessed in relation to any attainment target, the level of attainment determined by the teacher assessment shall be the pupil's level; and

(c)where the results of the teacher assessment and the SAT assessment are different, subject to paragraphs (3) and (4) the level of attainment determined by the SAT assessment shall be the pupil's level of attainment.

(3) This paragraph applies where the results of the teacher assessment and the SAT assessment are different, and the application of the level of attainment determined by the teacher assessment in accordance with article 7 would produce a different profile component level (in the case of English) or subject level (in the case of mathematics and science) from that which such an application of the level determined by the SAT assessment would produce.

(4) Where paragraph (3) applies the level of attainment determined by the teacher assessment shall, if the local education authority (in the case of a school which the authority maintain) or SEAC (in the case of a grant-maintained school) determine that it represents the more accurate assessment of the pupil's achievements, be the pupil's level of attainment.

Determination of attainment by profile component: English and technology

7.-(1) Subject to article 10 the provisions of this article regulate the determination of profile component levels in English and technology.

(2) In the case of the writing profile component in English the level for that component shall, subject to paragraph (3), be the average of the levels attained by the pupil in the three attainment targets comprising the profile component.

(3) For the purpose of calculating the average level referred to in paragraph (2) the attainment levels shall be weighted by the following factors:

(4) In the case of the profile component in technology entitled "Information Technology Capability", the level of attainment shall be the pupil's level of attainment for the attainment target so entitled.

(5) In the case of the profile component in technology entitled "Design and Technology Capability ", the level of attainment shall be the average of the level attained by the pupil in the four attainment targets comprising that profile component, weighted by the following factors-

Determination of attainment by subject: English and technology

8.-(1) Subject to article 10 the provisions of this article regulate the aggregation of profile component levels of attainment to determine subject levels of attainment in English and technology.

(2) A pupil's level of attainment shall be the average of the profile component levels of attainment in that subject, calculated in accordance with paragraph (3).

(3) (a) In the case of English each profile component shall be weighted equally.

(b)In the case of technology, the profile components shall be weighted by the following factors:

(4) The results of the application of the provisions of this article and of articles 6, 7 and 9 in relation to a pupil shall be recorded in a statement consisting of his level of attainment in each core subject and each attainment target and (where relevant) profile component in each such subject.

Determination of attainment by subject: mathematics, science, history and geography

9.-(1) Subject to article 10 the provisions of this article regulate the determination of a pupil's level of attainment in mathematics, science, history and geography.

(2) In the case of mathematics, the pupil's level of attainment in the subject shall be the average of his levels of attainment in each attainment target.

(3) In the case of science, history and geography, the pupil's level of attainment in the subject shall be the average of his levels of attainment in each attainment target, weighted as follows-

Pupils not subject to provisions of the National Curriculum

10.-(1) Articles 7, 8 and 9 shall have effect in relation to pupils to whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.

(2) Where one attainment target in a profile component does not apply to such a pupil, article 7 shall have effect as if the number of attainment targets applying to the pupil were the total number of attainment targets in that profile component.

(3) Where more than one attainment target in a profile component does not apply to such a pupil, article 7 shall not apply for the purpose of determining the pupil's profile component level of attainment.

(4) Where by virtue of paragraph (3) one or more profile component levels of attainment cannot be determined, paragraphs (1)-(3) of article 8 shall not apply.

(5) If the Writing attainment target of the Writing profile component in English does not apply to a pupil, articles 7 and 8 shall not apply for the purpose of determining a subject level of attainment in English.

(6) Where one attainment target in a subject does not apply to such a pupil, article 9 shall have effect as if the number thereof applying to the pupil were the total number in the subject.

(7) Where more than one attainment target in the subject does not apply to such a pupil, article 9 shall not apply to him.

(8) Article 8(4) shall apply in respect of all levels of attainment in attainment targets, profile components and core subjects which have been assessed in relation to the pupil.

Pupils' absence - incomplete SATs

11.-(1) Where a pupil is unable to complete a SAT due to his absence from school (whether because of illness or for any other reason)-

(a)if in the opinion of his head teacher he has done sufficient work on the SAT to enable an assessment of his level of attainment in any attainment targets to be made, any such assessment shall be treated as an assessment made in pursuance of article 5;

(b)if in the opinion of his head teacher he has not done sufficient work as aforesaid, the levels of attainment determined by the teacher assessment shall be the levels for the purposes of article 7 unless the local education authority (in the case of a pupil at a school which the authority maintain) or SEAC (in the case of a pupil at a grant-maintained school) disagree, in which case the levels of attainment shall be such as the local education authority or SEAC determine by reference to the work the pupil has done on the SAT in question.

(2) The head teacher shall notify the local education authority or SEAC (as the case may be) of any case such as is mentioned in paragraph (1)(b) and furnish to it such information as it may reasonably require for the purpose of exercising its functions under that sub-paragraph.

Supplementary powers of the Secretary of State

12. The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order as appear to him to be expedient, including in particular provisions as to standard assessment tasks for the purpose mentioned in the definition of "SATs " in article 3(1) and as to their administration to pupils.

Explanatory Note

(This note is not part of the Order)

Section 4(1) and (2) of the Education Reform Act 1988 places a duty on the Secretary of State to establish the National Curriculum by specifying by order appropriate attainment targets, programmes of study and assessment arrangements for each of the foundation subjects. Attainment targets and programmes of study for pupils in the first key stage in English, mathematics, science, technology, history and geography are specified by the Orders mentioned in article 3 of this Order.

This Order replaces the Education (National Curriculum) (Assessment Arrangements for English, Mathematics and Science) (Key Stage 1) Order 1991, and the Education (National Curriculum) (Assessment Arrangements for Technology) (Key Stage 1) Order 1991 (which are revoked), and specifies the assessment arrangements for English, mathematics, science "the core subjects "), technology, history and geography in the final year of the first key stage, as they apply to maintained schools in England.

Pupils are to be assessed by teachers on the basis of classroom work "teacher assessments " in all six subjects by four weeks before the end of the summer term. A record of the results, consisting of pupils' levels of attainment in relation to each relevant attainment target, is to be made (article 4).

For the core subjects only, Standard Assessment Tasks (SATs) published by HMSO on behalf of the Secretary of State are to be administered to pupils during the second half of the Spring term and up to four weeks before the end of the Summer term, and the results recorded (article 5). For technology, history and geography, teachers may take into account the outcomes of previous assessments, including non-mandatory SATs.

In making both teacher assessments and administering SATs, teachers must take into account guidance issued by local education authorities (in the case of schools maintained by LEAs) or by the School Examinations and Assessment Council (in the case of grant-maintained schools) (article 4).

Rules are specified:

• for determining the inter-relation of teacher assessment results and SAT results in the core subjects (article 6);

• for applying the levels of attainment to produce profile component levels in English and technology (article 7);

• for applying profile component levels to determine subject levels of attainment in English and technology (article 8); and

• for applying attainment target levels to determine subject levels of attainment in mathematics, science, history and geography (article 9).

These rules are modified in the case of pupils to whom provisions of the National Curriculum do not apply (article 10) and in the case of pupils who have been unable to complete SATs due to absence from school (article 11).