education, england PART 1 General Citation, commencement and application 1 1 These Regulations may be cited as the Education (School Performance Information) (England) Regulations 2007 and come into force on 10th September 2007. 2 These Regulations apply only in relation to England. Interpretation 2 1 In these Regulations─ “the 1996 Act ” means the Education Act 1996; “the 2002 Act ” means the Education Act 2002 ; “assessment” ─ in relation to a maintained school, means assessment pursuant to orders made or having effect as if made under section 87 of the 2002 Act and “level” is to be construed in accordance with the provisions of such orders; and in relation to an Academy or a CTC , means assessment pursuant to an agreement made under section 482 of the 1996 Act ; “assessment term” means the term in which assessment is completed; “attainment target” has the meaning given by section 76 of the 2002 Act; “authority” means─ in relation to a school maintained by a local education authority, that authority; and in relation to a non-maintained special school or an independent school, the local education authority in whose area the school is situated; “a child looked after by a local authority” is to be interpreted in accordance with section 22(1) of the Children Act 1989 ; “CTC” means city technology college or city college for the technology of the arts; “core subject” means English, mathematics or science; “ the Document ” means the document entitled “Foundation Stage and Key Stage 1 Assessment and Reporting Arrangements” published by the Qualifications and Curriculum Authority pursuant to section 87(11) of 2002 Act and article 9 of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004 ; “external marking agency” means a body nominated by the Qualifications and Curriculum Authority and approved by the Secretary of State to mark NC tests; “maintained school” means─ any community, foundation or voluntary school; or any community or foundation special school which is not established in a hospital 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 School) (England) Regulations 2002 ; “National Data Collection Agency” means a person appointed by the Qualifications and Curriculum Authority for the purpose of collating information about pupils’ National Curriculum assessment results. “NC tests” means National Curriculum tests administered to pupils for the purposes of assessing the level of attainment which they have achieved in any core subject being tests laid down in provisions made by the Secretary of State under the appropriate order made or having effect as if made under section 87 of the 2002 Act in force when those tests were administered; “non-maintained special school” means a special school which is not maintained by a local education authority; “P-level” means, for those pupils with special educational needs, the National Curriculum level of attainment below level 1 as specified by the Secretary of State in an order made or having effect as if made under section 87 of the 2002 Act; “reporting school year” means the school year immediately preceding the school year in which information provided to the Secretary of State is to be published by him or, as the case may be, by the authority; “school action” means the action referred to in paragraphs 5.43 to 5.49, in relation to primary schools, and paragraphs 6.50 to 6.57, 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; “school day” has the meaning given by section 579(1) of the 1996 Act; “school year” has the meaning given by section 579(1) of the 1996 Act ; “special educational needs” has the meaning given by section 312(1) of the 1996 Act ; “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; “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 (Pupil Registration) (England) Regulations 2006 and “authorised absence” is to be construed accordingly. 2 Except in regulation 13 and paragraph 1(3) of Schedule 5, in these Regulations 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 preceding the commencement of the reporting school year, where the reporting school year begins after that date, or the 31st August which falls within the reporting school year, where the reporting school year begins on or before that date, and who were registered pupils at the school on the third Thursday in the reporting school year. 3 In these Regulations references to key stages are references to the periods set out in section 82(1) of the 2002 Act. 4 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 a computer. 5 For the purposes of these Regulations any examination for which a pupil aged 15 was entered during a previous school year is to be treated as such an examination for which the pupil was entered during the reporting school year. 6 Information relating to authorised or unauthorised absences must not include any information relating to any period after the Friday before the last Monday in May in the reporting school year. Qualification of Duties 3 The duties of governing bodies, authorities and proprietors to make available, provide or publish information apply only to the extent that the information is available to them in time for it to be reasonably practicable for them to make available, provide or publish that information before the latest occasion on which that information is required to be made available, provided or published. PART 2 Provision of Information by Head Teacher Provision of information by head teacher to governing body 4 The head teacher of every maintained school must each year make available to the governing body information about the matters mentioned in Schedules 1 to 7 for the purposes of enabling the governing body to comply with their obligations in respect of those matters. PART 3 Provision of Information to the Secretary of State and Local Authorities Provision of information about first key stage assessment results to local authorities 5 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 first key stage must each year, by the end of that term, provide to the authority the information relating to assessment referred to in Schedule 1. Provision of information about second key stage assessment results to the Secretary of State 6 The governing body of every maintained primary or middle deemed secondary school and the proprietor of every Academy must, 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 2. Provision of information about third key stage assessment results to the Secretary of State 7 The governing body of every maintained secondary school and the proprietor of every Academy or CTC must, 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 3. Provision of information about fourth key stage results 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 which has registered pupils who are at or near the end of the final year of the fourth key stage or who are aged 15 but are not at or near the end of the final year of the fourth key stage must, within two weeks of receiving a written request from the Secretary of State, provide him with the information specified in Part 1 of Schedule 4. Provision of information about the results of pupils aged 16, 17 and 18 to the Secretary of State 9 The governing body of every maintained school and the proprietor of every non-maintained special school or independent school which has registered pupils who are aged 16, 17 or 18, must, within two weeks of receiving a written request from the Secretary of State, provide him with the information specified in Part 2 of Schedule 4. Provision of information about authorised and unauthorised absence to the Secretary of State 10 1 Subject to paragraph (2), the governing body of every maintained school and the proprietor of every Academy, CTC and non-maintained special school must, within two weeks of receiving a written request by the Secretary of State, provide him with the information for the reporting year specified in Schedule 5. 2 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 11 The governing body of every maintained secondary school and the proprietor of every non-maintained special school or independent school with pupils aged 15 must, 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. Provision of general information about primary schools to the Secretary of State 12 The governing body of every maintained primary or middle deemed secondary school and the proprietor of every Academy with pupils aged 10 years, must, 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 7. PART 4 Provision of Information to the National Data Collection Agency and the External Marking Agency Provision of information about second and third key stage assessment results to the National Data Collection Agency 13 1 The governing body of every maintained school and the proprietor of every Academy 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 or, in the case of an Academy has registered pupils aged 11 years, must, each year, on or before 11th July, provide to the National Data Collection Agency the information relating to assessment referred to in Part 1 of Schedule 8. 2 The governing body of every maintained school and the proprietor of every Academy or 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 an Academy or a CTC has registered pupils aged 14, must each year, on or before 11th July, provide to the National Data Collection Agency the information relating to assessment referred to in Part 2 of Schedule 8. Provision of information about second and third key stage assessments to the external marking agency 14 1 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, must each year, as soon as reasonably practicable after the last school day on which NC tests are administered to those pupils in each subject, provide the information referred to in Part 3 of Schedule 8 to the external marking agency determined by the Qualifications and Curriculum Authority and notified by them to the head teacher of the school pursuant to article 5(3) of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 . 2 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 third key stage, must each year, as soon as reasonably practicable after the last school day on which NC tests are administered to those pupils in each subject, provide the information referred to in Part 4 of Schedule 8 to the external marking agency determined by the Qualifications and Curriculum Authority and notified by them to the head teacher of the school pursuant to article 8(3) of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003 . PART 5 Revocations Revocations and Savings 15 1 Subject to paragraph (2), the Regulations referred to in Schedule 9 are revoked. 2 The revocation of the Regulations referred to in Schedule 9 does not relieve any person of any duty to make available, provide or publish information which has not been performed before the date that these Regulations come into force. Andrew Adonis Parliamentary Under Secretary of State Department for Children, Schools and Families 7th August 2007