EDUCATION, ENGLAND AND WALES PART I GENERAL Citation, commencement and application 1 1 These Regulations may be cited as the Education (School Information) (Wales) Regulations 1994 and shall come into force on 10th October 1994. 2 These Regulations apply in relation to schools in Wales. Revocation 2 The Education (School Curriculum and Related Information) (Wales) Regulations 1991 , the Education (School Curriculum and Related Information) (Wales) (Amendment) Regulations 1991 and the Education (School Curriculum and Related Information) (Amendment) (Wales) Regulations 1993 are hereby revoked. Interpretation 3 1 In these Regulations, unless the context otherwise requires— “the 1980 Act ” means the Education Act 1980; “the 1988 Act ” means the Education Reform Act 1988; “admission school year” means a school year at the beginning of which pupils are to be admitted to any school; “assessment” means assessment pursuant to orders made under section 4(2)(c) of the 1988 Act , and “level” shall be construed in accordance with the provisions of such orders; “attainment targets” has the meaning given by section 2 of the 1988 Act; “ authority ” means a local education authority and, in relation to an authority, “the offices” means the education offices; “class” has the meaning given to that term by section 3(6) of the 1988 Act; “ LEA maintained school” means: any county or voluntary school; any special school maintained by an authority which is not established in a hospital; and except in Part III and Schedule 2, any pupil referral unit, but excludes any nursery school. “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; and except in Part III and Schedule 2, any pupil referral unit, but excludes any nursery school; “ NC tests ” means National Curriculum tests and tasks administered to pupils for the purpose of assessing the level of attainment which they have attained in any relevant subject pursuant to Orders made under section 4(2)(c) of the 1988 Act; “non-maintained special school” means a special school which is neither maintained by an authority nor a grant-maintained special school (and is not established in a hospital); “previous school year” means the school year immediately preceding the reporting school year; “primary education” does not include such education provided at a middle school; “public examinations” means public examinations which are for the time being prescribed by regulations made under section 106(4) and (5) of the 1988 Act ; “publication school year” means the school year immediately preceding the admission school year; “relevant attainment targets” means— the “Reading”, “Writing”, “Spelling” and “Handwriting” attainment targets in English; the “Listening”, “Viewing and Speaking”, “Reading”, “Writing” and “Handwriting” attainment targets in Welsh; and the “Number” attainment target in mathematics; “relevant authority”, in relation to an LEA maintained school, means the authority by which the school is maintained; “relevant subjects” means in relation to the first key stage— mathematics and science; in the case of schools and classes which are Welsh-speaking, Welsh; and in the case of schools which are not Welsh-speaking, English; and means, in relation to the third key stage, mathematics, science, Welsh and English; “reporting school year” means the school year immediately preceding the publication school year; “special educational needs” and “special educational provision” have the meanings given to those terms in section 156 of the Education Act 1993; “special school” has the meaning given to it by section 182(1) of the Education Act 1993; and “teacher assessment” means assessment by a teacher to determine the level of attainment attained by pupils in a relevant attainment target or in a relevant subject (as the case may be) pursuant to Orders made under section 4(2)(c) of the 1988 Act. 2 In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference to a numbered paragraph is to the paragraph of that regulation bearing that number, any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph and any reference to a Schedule is to a Schedule to these Regulations. 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 on or before which, in accordance with arrangements made by the relevant authority under section 6(1) of the 1980 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 references to key stages are references to the periods set out in section 3(3) of the 1988 Act . 5 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. 6 In these Regulations, unless otherwise stated, 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. 7 In these Regulations, a reference to a school or class which is Welsh-speaking is a reference to a school or class (as the case may be) in which, in relation to pupils in the first key stage, more than one half of the following subjects namely: i religious education; and ii the subjects other than English and Welsh which are foundation subjects in relation to pupils at the school or in the class (as the case may be); are taught (wholly or partly) in Welsh. Qualification of duties 4 The duties imposed on head teachers, governing bodies and authorities by virtue of these Regulations in respect of the provision or publication of information apply only to the extent that that information is available to the governing body, authority or head teacher (as the case may be) in time for it to be reasonably practicable for the information to be provided or published before the latest occasion on which the information is required to be provided or published, as the case may be. PART II INFORMATION TO BE PUBLISHED BY AUTHORITIES General information to be published by authorities 5 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 The information shall be published as provided in regulation 6. Time and manner of publication by authorities of general information and particulars of school admission arrangements and related matters 6 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 subsections (1), (3) and (4) of section 8 of the 1980 Act; and c particulars of the arrangements relating to voluntary aided schools mentioned in subsections (2) and (3) of section 8 of the 1980 Act where those particulars are being published by the authority on behalf of the governing body of the school pursuant to subsection (6) of that section. 2 Such information and particulars shall be published before the end of the publication school year and, except in so far as they relate exclusively to primary education or special educational provision or provision to which section 298 of the Education Act 1993 applies (education provided in a pupil referral unit or otherwise than at school), 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 distributed without charge to parents on request, and made available for reference by parents and other persons— i at the offices of the relevant authority; and ii at every LEA maintained school, other than a special school or a pupil referral unit; b by copies being distributed without charge to parents of pupils at LEA maintained schools, other than special schools or pupil referral units, who, in the publication school year, are in the final year at such schools and who might transfer to other such 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 (LEA maintained schools), the information in respect of schools in a particular part of the relevant 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 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 education provision), paragraphs (3), (4), (5) and (6) shall not apply but the particulars shall be published— a by copies being distributed without charge to parents on request, and made available for reference by parents and other persons at the offices of the relevant authority; and b by copies being made available for reference by parents and other persons— i at every LEA maintained school; 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 7(1) of the 1980 Act (appeals against admission decisions) and mentioned in section 8(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 7(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 6(1) of that Act. 9 Information about the matters mentioned in paragraphs 8(2) and 20 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 III INFORMATION TO BE PUBLISHED BY GOVERNING BODIES General information to be published by governing bodies 7 1 Subject to regulation 8, the governing body of a maintained school shall publish as respects that school the information specified in Schedule 2. 2 Subject to regulation 8, the information shall be published as provided in regulation 9. Assessment and school attendance information not relating to the reporting school year 8 1 This regulation applies where the information relating to the results of assessment and school attendance referred to in paragraphs 17, 18 and 21 of Schedule 2 is not available in time for it to be reasonably practicable to publish the information in accordance with regulation 9. 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 9, publish that information as a supplement to the school prospectus in the manner required by that regulation for the publication of the prospectus. Time and manner of publication of information by governing bodies about their schools 9 1 This regulation applies in relation to the publication by the governing body of a maintained school of— a information in relation to the school specified in Schedule 2 (including such information which is being published by the authority on the governing body’s behalf pursuant to section 8(6) of the 1980 Act); and b in relation to a voluntary aided school, particulars of the arrangements mentioned in section 8(2) and (3) of the 1980 Act (except where those particulars are being published by the authority on the governing body’s behalf pursuant to section 8(6) of the 1980 Act). 2 Subject to paragraphs (4) and (5), such information and particulars— a shall be published collectively in the form of a single document to be known as the school prospectus; and b copies of the school prospectus shall be distributed without charge to parents on request and made available at the school for reference by parents and other persons. 3 Such information and 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, 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; or b the date up to which parents may express a preference for a school in respect of the admission school year. 4 In the case of the particulars referred to in paragraph (1)(b) above, those particulars shall also be published separately by— a their being distributed without charge to parents of pupils at LEA maintained schools, other than special schools, who, in the publication school year, are in the final year at such schools and who might transfer to the school publishing the particulars; and b the relevant authority being provided with such copies as they may request (in writing) for distribution to their offices and to public libraries and schools for reference by parents and other persons. 5 In the case of that part of the particulars referred to in paragraph (1)(b) above as comprises particulars of the governing body’s arrangements under Section 7(2) of the 1980 Act (appeals against admission decisions) and mentioned in section 8(2)(b) of that Act, that part of those particulars shall also be published by being set out in any document containing a notification to parents of a decision referred to in section 7(2) 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 6(1) of that Act; 6 Where the information referred to in paragraph (1)(a) is being published by the relevant authority, the information shall be supplied to them by the governing body and shall be published without material alteration. 7 In the case of a special school the information referred to in paragraph (1)(a) 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 for reference by parents and other persons. PART IV SUPPLEMENTARY Supplementary provisions relating to published documents 10 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 those provisions. 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. Translation of Documents 11 1 Where any document required to be published or to be made available for inspection under these Regulations is published in Welsh, then if it appears requisite to an authority or, as the case may be, a governing body that the document should be translated into English it shall be so translated and the translated document shall be published in such manner as appears to the authority or governing body to be appropriate. 2 Where any document required to be published or to be made available for inspection under these Regulations is published in English, then if it appears requisite to an authority or, as the case may be, a governing body that the document should be translated into Welsh, it shall be so translated and the translated document shall be published in such manner as appears to the authority or governing body to be appropriate. 3 If it appears to an authority, or as the case may be, a governing body that a translation of any document required to be published or to be made available for public inspection by or under these Regulations in a language other than English or Welsh is required, it shall be translated into that language and the translated document shall be published in such manner as appears to the authority or governing body to be appropriate. 4 No charge shall be made for a copy of any document translated in accordance with paragraphs (1) to (3) to any person who is entitled without charge, to a copy of the original document.