EDUCATION, ENGLAND AND WALES PART I GENERAL Citation, commencement and application 1 1 These Regulations may be cited as the Education (School Information) (England) Regulations 1998 and shall come into force on 5th November 1998. 2 These Regulations apply in relation to maintained schools in England. Revocation 2 The Education (School Information) (England) Regulations 1996 are hereby revoked. Interpretation 3 1 In these Regulations, unless the context otherwise requires— “the 1996 Act ” means the Education Act 1996; “admission school year” means a school year at the beginning of which pupils are to be admitted to any school; “assess” means assess pursuant to orders made under section 356(2)(c) of the 1996 Act and “assessment” shall be construed accordingly; “associated documents” means the documents published by Her Majesty’s Stationery Office, setting out any levels of attainment and attainment targets in relation to the core subjects, which documents have effect by virtue of the respective section 356(2)(a) and (b) orders for those subjects for the time being in force ; “authority” means a local education authority and, in relation to an authority, “the offices”means the education offices; “core subjects” means English, mathematics and science; “ GCE ‘A’ level examinations” and “GCE ‘AS’ examinations” means General Certificate of Education advanced level and advanced supplementary examinations respectively; “ GCSE ” means General Certificate of Secondary Education; “ GNVQ ” means a General National Vocational Qualification; “local average figures” means the average figures for all schools maintained by the relevant authority (other than any special school established in a hospital), all grant-maintained schools, grant-maintained special schools (other than any established in a hospital), and all city technology colleges and city colleges for the technology of the arts, in the area of that relevant authority; “maintained school” means: any county or voluntary school; any special school maintained by an authority which is not established in a hospital; any grant-maintained school or grant-maintained special school which is not established in a hospital, but excludes any nursery school; “national average figures” means the average figures for all schools in England; “national summary figures” means the summary figures in respect of National Curriculum assessments of pupils for all schools in England; “ NC tasks” means National Curriculum standard tasks administered to pupils in the final year of the first key stage pursuant to article 5 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995 ; “NC tests” means National Curriculum tests administered to pupils in, as the case may be, the final year of the second key stage or the final year of the third key stage pursuant to, respectively, article 5 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1995 and article 10 of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1996 ; “non-maintained special school” means a special school which is neither maintained by an authority nor a grant-maintained special school (and which is not established in a hospital); “previous school year” means the school year immediately preceding the reporting school year; “publication school year” means the school year immediately preceding the admission school year; “public examinations” means public examinations which are for the time being prescribed by regulations made under sections 402, 451, 453 and 454 of the 1996 Act ; “primary education” does not include such education provided at a middle school; “relevant authority”, in relation to a county or voluntary school or a special school maintained by an authority which is not established in a hospital, means the authority by which the school is maintained and, in relation to a grant-maintained school or a grant-maintained special school which is not established in a hospital, means the authority in whose area the school is situated; “reporting school year” means the school year immediately preceding the publication school year; “school prospectus” means the document described in regulation 11; “special educational needs” and “special educational provision” have the same meanings as in section 312 of the 1996 Act; “special school” has the meaning assigned to it by section 337(1) of the 1996 Act; “the statutory arrangements” means assessment arrangements specified by orders made under section 356(2)(c) of the 1996 Act; “teacher assessment” means assessment of a pupil by a teacher as specified in the statutory arrangements; “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; and references to levels and attainment targets are references to, respectively, the levels of attainment of the National Curriculum level scale and attainment targets set out in the associated documents. 2 In these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to a regulation in, or a Schedule to, these Regulations so numbered and any reference to a paragraph is to a paragraph of the regulation or Schedule in which the reference is made and, any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made. 3 In these Regulations, any reference to a date up to which parents may express a preference for a school is a reference to the date by which, in accordance with arrangements made by the relevant local education authority under section 411(1) of the 1996 Act, a parent wishing education to be provided for his child in the exercise of the authority’s functions should express such a preference. 4 In these Regulations, unless the context otherwise requires, a reference to publication by the governing body of a school includes a reference to publication on behalf of the governing body by the relevant authority by virtue of section 414(8) of the 1996 Act. 5 In these Regulations, references to the first key stage, the second key stage, the third key stage and the fourth key stage are references to the periods set out in paragraphs (a) to (d) of section 355(1) of the 1996 Act. 6 In these Regulations, unless the context otherwise requires, 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. 7 In these Regulations— a except where otherwise provided, where a percentage which is required to be calculated by virtue of these Regulations 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; b where an average point score which is required to be calculated by virtue of these Regulations is not a whole number, it shall be calculated to one decimal place. 8 In these Regulations, 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. 9 For the purposes of these Regulations, any examination for the GCSE for which a pupil aged 15 was entered during the previous school year or any earlier school year shall be treated as such an examination for which the pupil was entered during the reporting school year. Qualification of duties 4 The duties imposed on governing bodies and authorities by virtue of these Regulations in respect of provision, publication or making available of information apply only to the extent that that information is available to the governing body or the authority in time for it to be reasonably practicable to provide, publish or make available the information before the latest occasion on which the information is required to be provided, published or made available as the case may be. PART II PROVISION OF INFORMATION BY HEAD TEACHER Provision of information by head teacher to governing body 5 For the purpose of enabling the governing body to comply with their obligations under these Regulations, the head teacher of every maintained school shall make available to the governing body information about the matters mentioned in Schedule 2. PART III INFORMATION TO BE PUBLISHED OR PROVIDED BY AUTHORITIES General information to be published by authorities 6 1 An authority shall publish with respect to its policy and arrangements in respect of primary and secondary education (including such education provided in a middle school) in its area information in respect of each of the matters specified in Schedule 1. 2 Where changes in respect of any of those matters have been decided on by the authority but not yet implemented, the authority shall also publish information about those changes. 3 This information shall be published as provided in regulation 7. Time and manner of publication by authorities of general information and particulars of school admission arrangements and related matters. 7 1 This regulation shall apply in relation to the publication by an authority of— a information in respect of the matters specified in Schedule 1; b particulars of the arrangements mentioned in section 414(1), (3), (4) and (5) of the 1996 Act; and c particulars of the arrangements relating to voluntary aided or special agreement schools mentioned in section 414(2), (3) and (4) of the 1996 Act where those particulars are being published by the authority on behalf of the governing body of the school pursuant to subsection (8) of that section. 2 Such information and particulars shall be published during the publication school year and, except in so far as they relate exclusively to primary education or special educational provision, they shall be published no later than six weeks before the date up to which parents may express a preference for a school in respect of the admission school year. 3 Subject to paragraphs (4) to (9), such information and particulars shall be published— a by copies being made available for distribution without charge to parents on request, and for reference by parents and other persons— i at the offices of the relevant authority, and ii at every school maintained by that authority, other than a nursery school or a special school; b by copies being distributed without charge to parents of pupils at schools maintained by the relevant authority, other than nursery schools or special schools, who, in the publication school year, are in the final year at such schools and who might transfer to other schools so maintained; and c by copies being made available for reference by parents and other persons at the public libraries in the area of the relevant authority. 4 So far as the information in respect of the matters specified in paragraphs 3, 4 and 5 of Schedule 1 is concerned (schools maintained by the authority), the information in respect of schools in a particular part of the relevant local education authority’s area need not— a be made available at offices, schools and libraries outside that part; or b be distributed to the parents of pupils who are at schools outside that part, if information about how it may be obtained is available at those offices, schools and libraries or, as the case may be, is distributed to those parents. 5 It shall be a sufficient compliance with paragraph (3)(a)(ii) if so much of the information and particulars as relates to schools classified as— a primary schools; b middle schools; or c secondary schools, (irrespective of the terminology used) is available only in schools of the classification in question. 6 It shall be a sufficient compliance with paragraph (3)(b) if there is published so much of the information and particulars as is relevant having regard to the schools to which pupils in the final year at that school might transfer. 7 So far as the particulars specified in Part II of Schedule 1 are concerned (special educational provision), paragraphs (3), (4), (5) and (6) shall not apply but the particulars shall be published— a by copies being available for distribution without charge to parents on request, and for reference by parents and other persons, at the offices of the relevant authority; and b by copies being available for reference by parents and other persons— i at every school maintained by the relevant authority, and ii at the public libraries in the area of that authority. 8 Without prejudice to the foregoing provisions of this regulation, such particulars of the arrangements made by the relevant authority under section 423(1) of the 1996 Act (appeals against admission decisions) and mentioned in section 414(1)(c) of that Act shall also be published by being set out in any document containing a notification to parents of a decision referred to in section 423(1) of that Act refusing their child admission to a school for which the parents have expressed a preference in accordance with arrangements made under section 411(1) of that Act. 9 Information about the matters mentioned in paragraphs 7(2) and 18 of Schedule 1 (transport arrangements and policies) shall also be published by copies being distributed without charge to institutions within the further education sector or at which a further education funding council has secured provision which (in either case) the authority consider students resident within its area may wish to attend. 10 The particulars referred to in paragraph (1)(c) shall be supplied to the authority by the governing body and shall be published without material alteration. PART IV INFORMATION TO BE PUBLISHED BY GOVERNING BODIES General information to be published by governing bodies 8 1 Subject to regulation 9, the governing body of a maintained school shall publish as respects that school the information specified in Schedule 2. 2 Subject to regulation 9, this information shall be published as provided in regulation 11. Determination of examination results particulars and equivalency between GCSE examinations and vocational qualifications 9 1 The provisions of this regulation have effect for the purpose of determining the information specified in Schedule 2. 2 Subject to paragraph (14), if a pupil has been entered for two or more examinations in the same subject in the same school year, or in different school years which are treated as the same school year by virtue of regulation 3(9), only the examination in which he achieved the higher or highest grade shall be taken into account. 3 In the case of an examination leading to the award of GCSE in two subjects, a pupil shall be included only once in the number of pupils entered for the examination and taken into account only once in calculating the relevant percentages, but each grade awarded to him shall be treated as having been awarded in a separate subject. 4 In the case of any GCSE examination for which pupils aged 15 were entered, the information shall commence with the subjects listed in the first column of Schedule 4 in the order in which they are so listed. 5 For the purposes of this regulation, any GCSE examination in a subject listed in the first column of Schedule 4 is not to be treated as such unless the examination is in a syllabus referred to in the second column opposite that subject. 6 For the purposes of paragraph 12(1)(e) of Schedule 2, where a pupil is awarded a grade in an examination relating to a GCSE short course, he shall be treated as having achieved that grade in half a GCSE subject. 7 For the purposes of paragraph 12(1)(e) and (2) of Schedule 2, questions as to— a which vocational qualification award corresponds to which GCSE examination grade, and b the equivalency between GCSE examination results and vocational qualifications, shall be determined in accordance with paragraphs (8) to (13) below. 8 Where a pupil is awarded a Part One GNVQ (Intermediate level), he shall be treated as having achieved grade A* to C in two GCSE subjects. 9 Where a pupil is awarded a Part One GNVQ (Foundation level), he shall be treated as having achieved grade D to G in two GCSE subjects. 10 Where a pupil is awarded an Intermediate GNVQ, he shall be treated as having achieved grade A* to C in four GCSE subjects. 11 Where a pupil is awarded a Foundation GNVQ, he shall be treated as having achieved grade D to G in four GCSE subjects. 12 Where a pupil is awarded a GNVQ Language Unit (Intermediate level), he shall be treated as having achieved grade A* to C in half a GCSE subject. 13 Where a pupil is awarded a GNVQ Language Unit (Foundation level), he shall be treated as having achieved grade D to G in half a GCSE subject. 14 In the case of a pupil who has been entered for both GCE ‘A’ level and GCE ‘AS’ examinations in the same subject— a except in the circumstances described in sub-paragraph (b), only the GCE ‘A’ level examination result shall be taken into account; b where the pupil achieves grade N or fails to achieve a grade in the GCE ‘A’ level examination but achieves a grade between A and E inclusive in the GCE ‘AS’ examination, only the GCE ‘AS’ examination result shall be taken into account. 15 Subject to paragraph (14), in calculating the number of GCE ‘A’ levels a pupil is entered for, one GCE ‘AS’ shall be treated as the equivalent of half a GCE ‘A’ level. 16 Subject to paragraph (14), for the purpose of determining point scores in GCE ‘A’ level and GCE ‘AS’ examinations, the following grades of achievement equate to the following points, namely: GCE ‘A’ level: grade A=10 points; grade B=8 points; grade C=6 points; grade D=4 points; and grade E=2 points; GCE ‘AS’: grade A=5 points; grade B=4 points; grade C=3 points; grade D=2 points; and grade E=1 point. Performance information relating to the reporting school year 10 1 This regulation applies where the information relating to the results of assessment, public examination results, vocational qualifications and units and school attendance referred to in paragraphs 9, 10, 11, 12, 13 and 15 of Schedule 2 for assessment undertaken, examinations held, qualifications achieved in, or attendance during the reporting school year, is not available in time for it to be reasonably practicable to publish the information in accordance with regulation 11. 2 Where this regulation applies, the governing body shall, as soon as practicable after the information in question for the reporting school year is made available to them, and in any event not later than two weeks before the earlier of the two dates referred to in paragraph (3) of regulation 11, publish that information as a supplement to the school prospectus in the manner required by that regulation for the publication of the prospectus. Publication of school prospectuses 11 1 This regulation applies in relation to the publication by the governing body of a maintained school of information in relation to the school specified in Schedule 2. 2 In the case of any maintained school— a such information shall be published in a single document to be known as the school prospectus; and b copies shall be made available at the school for distribution without charge to parents on request and for reference by parents and other persons. 3 The school prospectus shall be published during the publication school year and, except in the case of a primary school (other than a middle school deemed to be a primary school) or of a special school, it shall be published not later than six weeks before whichever is the earlier of the following dates— a the date by which an application for admission to that school in respect of the admission school year should be made in accordance with the arrangements for admission to that school; b the date up to which parents may express a preference for a school in respect of the admission school year. 4 Where any information of the kind referred to in Schedule 2 is to be published by the relevant authority, it shall be supplied to them by the governing body and shall be published without material alteration. 5 In the case of a special school such information shall also be published by copies being made available at the offices of the relevant authority for distribution without charge to parents on request and reference by parents and other persons. 6 In the case of any maintained secondary school, a copy of the school prospectus shall be provided without charge to the offices in the area served by the school of persons providing careers services in accordance with arrangements made, or directions given, under section 10 of the Employment and Training Act 1973 . Publication of admissions arrangements 12 1 This regulation applies in relation to the publication by the governing body of an aided or special agreement school of particulars of the arrangements mentioned in section 414(2), (3) and (4) of the 1996 Act (except where those particulars are being published by the authority on the governing body’s behalf pursuant to section 414(8) of the 1996 Act). 2 Such particulars shall be published by copies being made available at the school for distribution without charge to parents on request and for reference by parents and other persons. 3 Such particulars shall be published during the publication school year and, except in the case of a primary school (other than a middle school deemed to be a primary school) or of a special school, it shall be published not later than six weeks before whichever is the earlier of the following dates— a the date by which an application for admission to that school in respect of the admission school year should be made in accordance with the arrangements for admission to that school; b the date up to which parents may express a preference for a school in respect of the admission school year. 4 Without prejudice to the foregoing provisions of this regulation, such particulars of the arrangements mentioned in subsection (2)(b) of section 414 of the 1996 Act (appeals against admissions decisions) shall also be published by being set out in any document containing a notification to parents of a decision referred to in subsection (2) of section 423 of that Act refusing their child admission to a school for which such parents have expressed a preference in accordance with arrangements made under subsection (1) of section 411 of that Act. PART V INFORMATION TO BE MADE AVAILABLE BY GOVERNING BODIES 13 The governing body of a maintained school shall make available in the school prospectus the information specified in Schedule 3. PART VI SUPPLEMENTARY Supplementary provisions relating to published documents 14 1 This regulation shall apply in relation to any document which contains such information or particulars as are mentioned in the preceding provisions of these Regulations and which is published in accordance with them. 2 Such a document shall state the school year to which the information or particulars contained in it relate and contain a warning that, although they were correct in relation to that year at a date specified in the document (not being earlier than six months before that of its publication), it should not be assumed that there will be no change affecting the relevant arrangements or some matter particularised— a before the start of, or during, the school year in question, or b in relation to subsequent school years. 3 If it appears requisite to the governing body in respect of such a document to be published by them or, as the case may be, an authority in respect of such a document to be published by them or on behalf of the governing body, that a translation of such a document in a language other than English should be available or that a braille or audio tape version of such a document should be available, it shall be translated into that language or produced in a braille or audio tape version, as the case may be, and the document so translated or so produced shall be published in such manner as appears to the governing body or authority to be appropriate. 4 Parents shall not be charged for a copy of such a translated document or such a document produced in a braille or audio tape version if they are entitled without charge to a copy of the original document. PART VII TRANSITIONAL PROVISIONS 15 Where before the date that these Regulations come into force the governing body of a maintained school have already published, pursuant to regulation 8 of the Education (School Information) (England) Regulations 1996, for the publication school year ending in 1998 the information specified in Schedule 2 to those Regulations, the duties imposed under regulations 8 and 13 of these Regulations shall not apply in respect of that governing body and that school in relation to that publication school year. Charles Clarke Parliamentary Under Secretary of State, Department for Education and Employment 14th October 1998