PART IGENERAL

Citation, commencement and application

1.-(1) These Regulations may be cited as the Education (School Performance Information) (England) Regulations 1996 and shall come into force on 1st November 1996.

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

Interpretation

2.-(1) In these Regulations, except where the context otherwise requires-

"the 1996 Act" means the Education Act 1996(3);

"assessment" in relation to a maintained school means assessment pursuant to orders made under section 356 of the 1996 Act(4) and "level" shall be construed in accordance with the provisions of such orders and in relation to a CTC means assessment pursuant to an agreement with the Secretary of State made under section 482 of the 1996 Act;

"assessment term" means the term in which assessment is completed;

"attainment targets" has the meaning given by section 353 of the 1996 Act;

"authority", in relation to a school maintained by a local education authority, means that authority and, in relation to a grant-maintained or grant-maintained special school, a non-maintained special school or an independent school, means the local education authority in whose area the school is situated;

"CTC" means city technology college and city college for the technology of the arts;

"core subject" means any of the following subjects, English, mathematics or science;

"GCE `A' level examinations" and "GCE `AS' examinations" mean General Certificate of Education advanced level examinations and General Certificate of Education advanced supplementary examinations respectively;

"GCSE" means General Certificate of Secondary Education;

"maintained school" means-

but excludes any nursery school;

"middle deemed secondary school" means a middle school deemed to be a secondary school by virtue of the Education (Middle Schools) Regulations 1980(5);

"NC tests" and "NC tasks" mean respectively National Curriculum tests and National Curriculum tasks administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject being tests and tasks laid down in provisions made by the Secretary of State under the appropriate order made under section 356 of the 1996 Act in force when those tests or tasks were administered(6);

"non-maintained special school" means a special school which is neither maintained by an authority nor a grant-maintained special school;

"public examination" means a public examination which is for the time being prescribed by regulations made under section 453 of the 1996 Act(7);

"reporting school year" means the school year immediately preceding the school year in which information provided to the Secretary of State under these Regulations is to be published by him;

"special educational needs" has the meaning given by section 312(1) of the 1996 Act;

"special school" has the meaning given by section 337 of the 1996 Act;

"unauthorised absence" means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupils Registration) Regulations 1995(8) and "authorised absence" shall be construed accordingly; and

"unit", in relation to a vocational qualification, means a module or part of a course leading to that qualification which, when successfully completed, can be counted together with other modules or parts towards obtaining that qualification.

(2) In these Regulations, except where the context otherwise requires-

(a)references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year;

(b)references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 402 of the 1996 Act;

(c)references to key stages are references to the periods set out in section 355(1) of the 1996 Act; and

(d)references to a school maintained by an authority or to a grant-maintained special school do not include such a school which is established in a hospital.

(3) Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by computer.

(4) For the purposes of these Regulations any examination for the GCSE for which a pupil aged 15 was entered during a previous school year shall be treated as such an examination for which the pupil was entered during the reporting school year.

(5) Information relating to authorised or unauthorised absences shall not include any information relating to any period after the Friday before the last Monday in May in the reporting school year.

(6) In calculating the number of GCE `A' level examinations for which a pupil was entered, a GCE `AS' examination shall be treated as the equivalent of half a GCE `A' level examination.

(7) 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 or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number.

Qualification of duties

3. The duties imposed on governing bodies, authorities and proprietors by virtue of these Regulations in respect of the making available, provision or publication of information apply only to the extent that that information is available to the governing body, authority or proprietor in time for it to be reasonably practicable to make available, provide or publish the information before the latest occasion on which the information is required to be made available, provided or published, as the case may be.

Revocations and savings

4.-(1) Subject to paragraph (2), the Education (School Performance Information) (England) Regulations 1994(9), the Education (School Performance Information) (England) (Amend ment) Regulations 1995(10) and the Education (School Performance Information) (England) (Amendment) Regulations 1996(11) are hereby revoked.

(2) The revocation of the Education (School Performance Information) (England) Regulations 1994 shall not relieve any person of any duty under those Regulations to make available, provide or publish information which has not been performed before the date that these Regulations come into force.

PART IIPROVISION OF INFORMATION BY HEAD TEACHER

Provision of information by head teacher to governing body

5. The head teacher of every maintained school shall each year make available to the governing body information about the matters mentioned in Schedules 1, 2 and 3, for the purpose of enabling the governing body to comply with their obligations under these Regulations in respect of those matters.

PART IIIPROVISION OF INFORMATION TO THE SECRETARY OF STATE

Provision of assessment results to the Secretary of State

6.-(1) The governing body of every school maintained by an authority which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage, shall each year, by the end of that term, provide to the authority the information relating to assessment referred to in Part I of Schedule 1.

(2) Every authority which, pursuant to paragraph (1), receives information from schools which it maintains shall, on or before the next following 31st July, provide to the Secretary of State that information for each such school.

(3) The governing body of every grant-maintained or grant-maintained special school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage, shall each year, on or before 15th July, provide to the Secretary of State the information relating to assessment referred to in Part I of Schedule 1.

(4) The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the second key stage, shall, each year, on or before 11th July, provide to the Secretary of State the information relating to assessment referred to in Part II of Schedule 1.

(5) The governing body of every maintained school and the proprietor of every CTC which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the third key stage, or in the case of a CTC has registered pupils aged 14, shall each year, on or before 11th July, provide to the Secretary of State the information relating to assessment referred to in Part III of Schedule 1.

Additional provision of information about second key stage assessment results to the Secretary of State

7. The governing body of every county, voluntary and grant-maintained primary or middle deemed secondary school shall, within two weeks of receiving a written request from the Secretary of State, provide him with the information about the school for the reporting school year referred to in Schedule 2.

Provision of results of school examinations and of courses leading towards vocational qualifications to the Secretary of State

8. The governing body of every maintained school and the proprietor of every non-maintained special school or independent school with pupils aged 15, 16, 17 or 18 shall, within two weeks of receiving a written request from the Secretary of State, make available to him such particulars relating to public examinations and courses leading to vocational qualifications or units for which registered pupils at the school were entered, and such other information as are referred to-

(a)in the case of a school providing information in respect of pupils aged 15, in Part I of Schedule 3;

(b)in the case of a school providing information in respect of pupils aged 16, 17 or 18, in Part II of Schedule 3.

Provision of information about authorised and unauthorised absence to the Secretary of State

9.-(1) Subject to paragraph (3), the governing body of every school maintained by an authority shall make available to that authority information for the reporting school year about the matters referred to in Schedule 4, for the purpose of enabling the authority to comply with its obligations under paragraph (2).

(2) Subject to paragraph (3), every authority, in respect of each school which it maintains, the governing body of every grant-maintained and grant-maintained special school and the proprietor of every independent school and non-maintained special school shall, within two weeks of receiving a written request from the Secretary of State, provide him with information for the reporting school year about the matters referred to in Schedule 4.

(3) This regulation does not apply in respect of a school providing education for boarding pupils only.

Provision of general information about secondary schools to the Secretary of State

10. The governing body of every maintained secondary school, (except a middle deemed secondary school) and the proprietor of every independent and non-maintained special school with pupils aged 15 shall, within two weeks of receiving a written request from the Secretary of State, provide him with the general information about the school for the reporting school year referred to in Schedule 5.

Provision of general information about primary schools to the Secretary of State

11. The governing body of every county, voluntary and grant-maintained primary or middle deemed secondary school shall, within two weeks of receiving a written request from the Secretary of State, provide him with the general information about the school for the reporting school year referred to in Schedule 6.

PART IVPUBLICATION OF INFORMATION

Publication of local and national performance information about secondary schools by governing bodies

12.-(1) The governing body of every maintained secondary school (except a middle deemed secondary school) shall provide the information referred to in paragraph (2) in the form and manner and to the persons specified in paragraph (3).

(2) That information is information for the reporting school year provided to the Secretary of State under these Regulations or (in the case of average and percentage figures) calculated by him from such information and published by him under section 537(6) of the 1996 Act consisting of-

(a)the results in public examinations and courses leading to vocational qualifications or units achieved by pupils at secondary schools in the area of the relevant authority;

(b)the rates of authorised and unauthorised absence of pupils at secondary schools in the area of the relevant authority;

(c)the information referred to in Schedule 5 relating to secondary schools in the area of the relevant authority; and

(d)the averages for pupils at secondary schools in the area of the relevant authority and in England of-

(i)their results in public examinations and courses leading to vocational qualifications or units; and

(ii)their rates of authorised and unauthorised absence.

(3) The information shall be provided by copies of the document in which the information was published by the Secretary of State being made available at the school for reference by parents and other persons.

(4) The governing body of every maintained primary school providing education for pupils in the final year of the second key stage and every maintained middle deemed secondary school shall provide the information referred to in paragraph (2) by distributing the document without charge to parents of pupils who are in their final year at the school before transfer to a secondary school and by making copies of the document available at the school for reference by parents and other persons.

Regulation 6

SCHEDULE 1PROVISION OF INFORMATION TO THE SECRETARY OF STATE: ASSESS MENT RESULTS

PART Ifirst key stage results

1.-(1) The number of registered pupils, at or near the end of the final year of the first key stage, in each core subject and in respect of each constituent attainment target for that subject, who-

(a)reached each level of the National Curriculum level scale;

(b)were assessed as working towards level 1;

(c)were exempted from assessment under section 364 or 365 of the 1996 Act; or

(d)were not assessed by a teacher because of their absence.

(2) Where a pupil has been assessed both by standard task assessment in accordance with article 5 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995(12) and by a teacher both results shall be given.

PART IIsecond key stage results

2. The number of registered pupils, at or near the end of the final year of the second key stage, in each core subject, who-

(a)were assessed by a teacher as having reached each level of the National Curriculum level scale;

(b)were assessed by a teacher as working towards level 1;

(c)were exempted from teacher assessment under section 364 or 365 of the 1996 Act; or

(d)were not assessed by a teacher because of their absence.

PART IIIthird key stage results

3. The number of registered pupils, at or near the end of the final year of the third key stage, in history, geography, design and technology, information technology, a modern foreign language and each core subject, who-

(a)were assessed by a teacher as having reached each level of the National Curriculum level scale;

(b)were assessed by a teacher as working towards level 1;

(c)were exempted from teacher assessment under section 364 or 365 of the 1996 Act or, in the case of a CTC, by agreement with the Secretary of State; or

(d)were not assessed by a teacher because of their absence.

Regulation 7

SCHEDULE 2ADDITIONAL PROVISION OF INFORMATION TO THE SECRETARY OF STATE: SECOND KEY STAGE RESULTS

1.-(1) Subject to sub-paragraph (2), the number of registered pupils at or near the end of the final year of the second key stage, in each core subject, who-

(a)reached each level of the National Curriculum level scale; or

(b)were assessed as working towards level 1.

(2) The information referred to in sub-paragraph 1(a) and (b) shall be given both as determined by the results of NC tests or any NC tasks administered to such pupils, whichever is the higher, and by teacher assessment of such pupils.

2. The number of such pupils in each core subject who failed to achieve a level on the National Curriculum level scale for a reason other than absence from an NC test and to whom an NC task was not administered.

3. The number of such pupils in each core subject who were exempted from teacher assessment under section 364 or 365 of the 1996 Act.

4. The number of such pupils in each core subject who were exempted from an NC test under section 364 or 365 of the 1996 Act and to whom an NC task was not administered.

5. The number of such pupils in each core subject for whom an NC test result is not available because they were absent on the day the test was administered and to whom an NC task was not administered.

6. The number of such pupils in each core subject for whom a teacher assessment result is not available because of their absence.

Regulation 8

SCHEDULE 3PROVISION OF INFORMATION TO THE SECRETARY OF STATE: EXAMIN ATION AND VOCATIONAL QUALIFICATION RESULTS

PART Ipupils aged 15

1. The number of registered pupils aged 15.

2. In the case of any such pupil who was entered for the GCSE during the reporting school year or any of the school years preceding that year, the subjects for which he was entered and the grades he achieved.

3. The number of pupils referred to in paragraph 1 who, during the reporting school year, were registered for or studying towards-

(a)a General National Vocational Qualification, or units of such a qualification, awarded by the EDEXCEL Foundation, the City and Guilds of London Institute or the Royal Society of Arts Examinations Board and approved by the Secretary of State under section 400 of the 1996 Act;

(b)a National Vocational Qualification, or units of such a qualification, awarded by the City and Guilds of London Institute, the Royal Society of Arts Examination Board, the Pitman Examination Institute or the London Chamber of Commerce and Industry Examination Board and approved by the Secretary of State under section 400 of the 1996 Act;

(c)the Diploma of Vocational Education of the City and Guilds of London Institute approved by the Secretary of State under section 400 of the 1996 Act; or

(d)the Initial Awards of the Royal Society of Arts Examination Board approved by the Secretary of State under section 400 of the 1996 Act.

4. The number of pupils mentioned in paragraph 3 who, during the reporting school year, achieved, as the case may be, the qualification, or all units studied for in relation to that qualification, the Diploma or Initial Awards for which they were entered.

PART IIpupils aged 16, 17 or 18

5. The number of registered pupils aged 16, 17 or 18 who, during the reporting school year-

(a)were entered for fewer than two GCE `A' level examinations or the equivalent;

(b)were entered for two or more GCE `A' level examinations or the equivalent.

6. The subjects taken and the grades achieved by each pupil referred to in paragraph 5.

7. During the reporting school year-

(a)the number of registered pupils aged 16, 17 or 18 who were in the final year of study of a course leading to-

(i)an Advanced General National Vocational Qualification awarded by the EDEXCEL Foundation, the City and Guilds of London Institute or the Royal Society of Arts Examination Board;

(ii)the National Certificate or Diploma of the EDEXCEL Foundation; or

(iii)the Diploma of Vocational Education of the City and Guilds of London Institute at national level; and

(b)the number of those pupils achieving those qualifications wholly or partly on the basis of work done in that year.

8. During the reporting school year-

(a)the number of registered pupils aged 16, 17 or 18 who were in the final year of study of a course leading to-

(i)an Intermediate General Vocational Qualification awarded by the EDEXCEL Foundation, the City and Guilds of London Institute or the Royal Society of Arts Examination Board;

(ii)the First Certificate or Diploma of the EDEXCEL Foundation; or

(iii)the Diploma of Vocational Education of the City and Guilds of London Institute at intermediate level; and

(b)the number of those pupils achieving those qualifications wholly or partly on the basis of work done in that year.

9. During the reporting school year-

(a)the number of registered pupils aged 16, 17 or 18 who were entered for the International Baccalaureate Diploma; and

(b)the number of those pupils who achieved this qualification.

Regulation 9

SCHEDULE 4PROVISION OF INFORMATION TO THE SECRETARY OF STATE: AUTHO RISED AND UNAUTHORISED ABSENCE

1.-(1) The number of pupils of compulsory school age registered at any time on or before the Friday before the last Monday in May during the reporting school year.

(2) For the purposes of this Schedule, a pupil is of compulsory school age unless before 1st September in the reporting school year-

(a)he has not attained the age of five years; or

(b)he has attained the age of sixteen years.

2. The total number of morning and afternoon sessions in the reporting school year.

3. The number of registered pupils in respect of whom at least one authorised or unauthorised absence has been recorded during the reporting school year.

4. The number of-

(a)authorised absences; and

(b)unauthorised absences,

during the reporting school year.

5. For the purposes of this Schedule "pupil" does not include a boarding pupil.

Regulation 10

SCHEDULE 5PROVISION OF GENERAL INFORMATION TO THE SECRETARY OF STATE: SECONDARY SCHOOLS (EXCLUDING MIDDLE DEEMED SECONDARY SCHOOLS)

1. The name, address and telephone number of the school.

2. The number of registered pupils on the third Thursday in January in the reporting school year.

3. The age range of pupils at the school, and the number of registered pupils (if any) aged 16 or over.

4. The number of registered pupils who have special educational needs but in respect of whom no statement of special educational needs is maintained under section 324 of the 1996 Act.

5. The total number of registered pupils for whom a statement of special educational needs is maintained under section 324 of the 1996 Act.

6. The classification of the school as-

(a)county, voluntary controlled, special agreement, voluntary aided, special (maintained by an authority), grant-maintained special, special (non-maintained), grant-maintained, CTC, independent school approved by the Secretary of State under section 347(1) of the 1996 Act (independent schools suitable for children with statements), or other independent school;

(b)boys' single sex, girls' single sex, or mixed.

7. In the case of a school-

(a)which is not a special school; and

(b)which is not an independent school other than a CTC,

whether the school is-

(i)comprehensive (admitting pupils wholly or mainly without reference to ability or aptitude or to whether they have been selected for a place at a selective school);

(ii)selective (admitting pupils wholly or mainly with reference to ability or aptitude); or

(iii)modern (admitting pupils wholly or mainly-

• without reference to ability or aptitude; and

• who have not been selected for a place at a selective school).

8. In the case of an independent school other than a CTC-

(a)whether the school is selective; and

(b)whether the school participates in the Assisted Places Scheme(13).

Regulation 11

SCHEDULE 6PROVISION OF GENERAL INFORMATION TO THE SECRETARY OF STATE: PRIMARY SCHOOLS AND MIDDLE DEEMED SECONDARY SCHOOLS

1. The name, address and telephone number of the school.

2. The number of registered pupils on the third Thursday in January in the reporting school year.

3. The number of registered pupils aged 10.

4. The age range of pupils at the school.

5. The number of registered pupils for whom a statement of special educational needs is maintained under section 324 of the 1996 Act.

6. The number of registered pupils who have special educational needs but in respect of whom no statement of special educational needs is maintained under section 324 of the 1996 Act.

7. The classification of the school as county, voluntary controlled, voluntary aided, special agreement, or grant-maintained.

Explanatory Note

(This note is not part of the Regulations)

These Regulations, made under section 22 of the Education Reform Act 1988 and section 16 of the Education (Schools) Act 1992, apply in relation to schools in England. They consolidate with amendments the Education (School Performance Information) (England) Regulations 1994, as amended, which are revoked.

The Regulations relate to the collection and publication of information about the performance of schools.

Part I of the Regulations comprises general provisions.

Part II imposes duties on head teachers of maintained schools to make available information to governing bodies for the purpose of enabling them to comply with their obligations under these Regulations (regulation 5).

Part III contains detailed provisions relating to the provision of information to the Secretary of State.

The governing bodies of schools maintained by a local education authority with pupils at or near the end of the final year of the first key stage (mostly seven year olds) must provide information about the results of statutory National Curriculum assessments to that authority which then transmits that information to the Secretary of State (regulation 6(1) and (2) and Part I of Schedule 1). Grant-maintained and grant-maintained special schools with pupils in this age group must transmit their results to the Secretary of State directly (regulation 6(3)).

The governing bodies of all maintained schools with pupils at or near the end of the second key stage (mostly eleven year olds) must provide the Secretary of State with specified information about the results of statutory National Curriculum assessments as must the governing bodies of all maintained schools with pupils at or near the end of the final year of the third key stage (mostly fourteen year olds) and proprietors of city technology colleges and city colleges for the technology of the arts with fourteen year old pupils (regulation 6(4) and (5) and Parts II and III of Schedule 1). The date by which such information must be provided has been advanced from that set out in the 1994 Regulations.

A new requirement is that the governing bodies of county, voluntary and grant-maintained primary schools (including middle-deemed secondary schools), in addition to the requirement under regulation 6, must provide information to the Secretary of State about second key stage results (regulation 7 and Schedule 2).

The governing bodies of maintained schools and the proprietors of non-maintained special schools and independent schools with pupils aged 15, 16, 17 or 18 must provide the Secretary of State with specified information about their results (regulation 8 and Schedule 3).

Local education authorities, the governing bodies of grant-maintained and grant-main tained special schools and the proprietors of independent and non-maintained special schools (not providing education for boarders only) must provide the Secretary of State with information about authorised and unauthorised absence (regulation 9 and Schedule 4).

Governing bodies of maintained secondary schools and the proprietors of secondary independent and non-maintained special schools must provide the Secretary of State with general information about the school (regulation 10 and Schedule 5). A new requirement is that the governing bodies of county, voluntary and grant-maintained primary schools (including middle deemed primary schools) must also provide the Secretary of State with general information about the school (regulation 11 and Schedule 6).

Part IV contains provisions relating to the publication of information.

The governing bodies of secondary schools and primary schools with pupils in the final year of the second key stage are under a duty to provide parents and others with information about secondary schools (regulation 12).