Welsh Statutory Instruments
EDUCATION, WALES
Made
21 March 2006
Coming into force
1 April 2006
In exercise of the powers conferred on the Secretary of State by sections 29(3), (5) and 569 of the Education Act 1996(1), now vested in the National Assembly for Wales(2), and the powers conferred on the National Assembly for Wales by sections 26 and 66(1) of the Children Act 2004(3), the National Assembly for Wales makes the following Regulations:—
1.—(1) The title of these Regulations is the Single Education Plan (Wales) Regulations 2006, and they come into force on 1 April 2006.
(2) Subject to paragraph (3), the Regulations listed in the first and second columns of the table in Schedule 1 are revoked to the extent specified in the third column of that table.
(3) Any plan, in force immediately before 1 April 2006, made under the Regulations referred to in paragraph (2), is to continue in force until 1 September 2006 despite the revocation by that paragraph of the Regulations under which it was made.
(4) These Regulations apply in relation to Wales.
2.—(1) In these Regulations—
“the 1996 Act” (“Deddf 1996”) means the Education Act 1996;
“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998(4);
“the 2002 Act” (“Deddf 2002”) means the Education Act 2002(5);
“the 2004 Act” (“Deddf 2004”) means the Children Act 2004(6);
“appropriate diocesan authority” (“awdurdod esgobaethol priodol”) means in relation to a Church in Wales school or a Roman Catholic Church school—
the Diocesan Board of Finance or other person designated by the National Assembly under section 142(1) of the 1998 Act(7) (as the case may be) for every diocese of the Church in Wales, and
the bishop of every diocese of the Roman Catholic Church,
any part of the area of which (in each case) lies within the authority’s area;
“authority” (“awdurdod”) means a children’s services authority in Wales which is a local education authority(8);
“Church in Wales school” (“un o ysgolion yr Eglwys yng Nghymru”) has the meaning given to it by section 142(1) of the 1998 Act;
“excluded” (“a waherddir” ac “a waharddwyd”) means excluded on disciplinary grounds, and “exclusion” (“wedi'u gwahardd” a “gwaharddiad”) has a corresponding meaning;
“National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;
“nursery education” (“addysg feithrin”) has the meaning given to it by section 117 of the 1998 Act, and nursery places is to be construed accordingly;
“Roman Catholic Church school” (“un o ysgolion yr Eglwys Gatholig Rufeinig”) has the meaning given to it by section 142(1) of the 1998 Act;
“school maintained by a local education authority” (“ysgol a gynhelir gan awdurdod addysg lleol”) (including any reference to a school maintained by a specific authority) has the meaning given to it by section 142(1) of the 1998 Act;
“Single Education Plan” (“Cynllun Addysg Sengl”) means the plan referred to in regulation 3(3) and, unless the contrary is indicated, includes the Supporting Information;
“the Supporting Information” (“yr Gwybodaeth Ategol”) means the information referred to in regulation 4; and
“Targets” (“Targedau”) means the Targets referred to in Part 3 of Schedule 2.
(2) In these Regulations, references to publication (however expressed) are references to publication in accordance with regulation 11.
3.—(1) Each authority must prepare and publish a Single Education Plan in accordance with these Regulations.
(2) The plan must contain a statement of the overall strategic vision and values that the authority apply in discharging their education responsibilities, having regard to their responsibilities under equality legislation, including in particular the Welsh Language Act 1993(9), the Sex Discrimination Act 1975(10), the Race Relations Act 1976(11), the Disability Discrimination Act 1995(12), and the Human Rights Act 1998(13).
(3) In this regulation a “Single Education Plan” (“Cynllun Addysg Sengl”) means a plan of the kind referred to in section 26(1) of the 2004 Act covering the authority’s strategies for—
(a)raising the standards of education for children and young people being educated at schools maintained by the authority or otherwise than at school;
(b)improving the performance of schools maintained by the authority;
(c)the planning of school places and nursery places to meet the needs of the population of the authority’s area; and
(d)the education of pupils who by reason of illness, exclusion or otherwise are not attending school;
and Targets for improved pupil attainment and attendance, and for reducing the number of pupils excluded from school.
(4) The content of a Single Education Plan must conform with regulation 4.
4. Each Single Education Plan must include provision dealing with the matters referred to in Schedule 2 to these Regulations, and must be accompanied by the supporting information referred to in Schedule 3 (“the Supporting Information”).
5. Each Single Education Plan is to have effect for the period commencing on 1 September 2006 and ending on 31 August 2008.
6.—(1) This regulation prescribes the consultation which each authority are required to carry out in drawing up their Single Education Plan.
(2) The following must be consulted on the plan in draft—
(a)the National Assembly;
(b)the head teacher and the governing body of every school maintained by the authority;
(c)in relation to every pupil referral unit maintained by the authority—
(i)the teacher in charge, and
(ii)where Regulations under paragraph 15 of Schedule 1 to the 1996 Act(14) require the authority to establish a management committee for that unit, that committee;
(d)the appropriate diocesan authority for any Church in Wales school or Roman Catholic school maintained by the authority;
(e)the Welsh Language Board (within the meaning of section 1 of the Welsh Language Act 1993);
(f)Local Health Boards (within the meaning of section 16BA of the National Health Service Act 1977(15));
(g)NHS Trusts (within the meaning of section 5 of National Health Service and Community Care Act 1990(16));
(h)the Young People’s Partnership(17);
(i)the Early Years Development and Childcare Partnership (within the meaning of section 119 of the 1998 Act)(18);
(j)the Standing Advisory Council on Religious Education (within the meaning of section 390 of the 1996 Act)(19);
(k)Youth Offending Teams (within the meaning of section 39 of the Crime and Disorder Act 1998)(20);
(l)Community Safety Partnerships(21);
(m)Children and Young People’s Partnership(22); and
(n)such other persons or bodies as appear to the authority to be appropriate.
(3) In the case of the bodies referred to in sub- paragraphs (f) to (m) of paragraph (2) only bodies which cover the whole or any part of the authority’s area are to be consulted.
(4) The authority must consult on the draft plan for a period of not less than eight weeks.
(5) The authority must carry out the consultation by sending to every consultee a draft of the plan inviting comments on it within a specified period.
(6) The requirement in paragraph (5) to send a draft of the plan to consultees may be satisfied by sending copies by electronic mail.
(7) For the purposes of this regulation “Single Education Plan” does not include the Supporting Information.
7. Each authority must adopt a Single Education Plan by 31 July 2006.
8. Each authority must publish their Single Education Plan, as so adopted, by 1 September 2006.
9.—(1) The Targets are to be reviewed and revised Targets published, on or before 31 July 2007.
(2) The revised Targets are to cover the school years 2007-08 and 2008-09.
(3) The authority need not consult on their revised Targets.
10.—(1) The Supporting Information is to be reviewed, and revised Supporting Information, published on or before 31 July 2007.
(2) The revised information is to cover—
(a)the information referred to in paragraphs (a) to (d) of Schedule 3 for the school year 2006-07 and the following five school years;
(b)the information referred to in paragraph (e) of Schedule 3 for the school years 2006-07, 2007-08 and 2008-09; and
(c)the information referred to in paragraph (f) of Schedule 3 for the school year 2006-07.
(3) The authority need not consult on revised Supporting Information.
11.—(1) For the purposes of these Regulations, documents which are required to be published are to be treated as published on the date on which the requirements set out below in this regulation are satisfied or, if different requirements are satisfied on different dates, on the last of those dates.
(2) Each authority must publish the document electronically on the internet on the authority’s web-site.
(3) Each authority must at such times as may be reasonable, make copies of the document available for inspection by members of the public—
(a)at the authority’s offices; and
(b)at such other places as may be reasonable.
12.—(1) Each authority must provide a copy of their Single Education Plan to—
(a)all those required to be consulted under regulation 6; and
(b)any person who requests a copy.
(2) A copy of the revisions made to the Targets in pursuance of regulation 9 must be provided to—
(a)the National Assembly;
(b)every school maintained by the authority; and
(c)any person who requests a copy.
(3) A copy of the revisions made to the Supporting Information in pursuance of regulation 10 must be provided to—
(a)the National Assembly;
(b)every school maintained by the authority; and
(c)any person who requests a copy.
(4) Where a copy is requested under paragraph (1), (2) or (3) the requirement may be satisfied by sending it by electronic mail.
13. Until the coming into force of section 44 of the Education Act 2005(23), the references in paragraph 3(a)(ii) and (iii) of Schedule 2 to special measures being required to be taken in relation to the school are to be read as references to the school requiring special measures within the meaning of section 13(9) of the School Inspections Act 1996(24), and references in those paragraphs to the school requiring significant improvement are to be read as references to the school having serious weaknesses within the meaning of section 16A(4) of the School Inspections Act 1996(25).
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(26).
D. Elis-Thomas
The Presiding Officer of the National Assembly
21 March 2006
Regulation 1
| SI No | Title | Provisions revoked |
|---|---|---|
| S.I. 1998/ 644 | Local Education Authority (Behaviour Support Plans) Regulations 1998 | All |
| S.I. 2001/ 606 (W.29) | Local Education Authority (Behaviour Support Plans) (Amendment) (Wales) Regulations 2001 | All |
| S.I. 2002/ 1187 (W.135) | Education Development Plans (Wales) Regulations 2002 | All |
| S.I. 2003/ 893 (W.113) | Education (Nursery Education and Early Years Development and Childcare Plans) (Wales) Regulations 2003 | Regulations 5, 6 and 7 and the Schedule. |
| S.I. 2003/ 1732 (W.190) | Education (School Organisation Plans) (Wales) Regulations 2003 | All |
| S.I. 2005/ 434 (W.45) | Education Development Plans (Wales) (Amendment) Regulations 2005 | All |
Regulation 4
1. In this Schedule—
“GCSE” (“TGAU”) means a General Certificate of Secondary Education;
“key stage” (“cyfnod allweddol”) is to be construed in accordance with section 103 of the 2002 Act;
“level 4” (“lefel 4”) and “level 5” (“lefel 5”) means levels 4 and 5 respectively of the National Curriculum for Wales level scale as determined by teacher assessment;
“NQF” (“NQF”) means the National Qualifications Framework comprising qualifications accredited jointly by the National Assembly exercising functions formerly vested in the Qualification, Curriculum and Assessment Authority for Wales and the corresponding regulatory authorities for England and Northern Ireland(27), and “level” (“lefel”) (except in relation to “level 4” and “5”, which are defined above) means the level to which a qualification is accredited within the NQF;
“school year” (“blwyddyn ysgol”) means the period of one year beginning on 1 September;
“second key stage pupils” (“disgyblion yr ail gyfnod allweddol”), “third key stage pupils” (“disgyblion y trydydd cyfnod allweddol”), and “fourth key stage pupils” (“disgyblion y pedwerydd cyfnod allweddol”) mean pupils who are in the second, third and fourth key stages respectively;
“special educational needs” (“anghenion addysgol arbennig”) has the meaning given to it by section 312(1) of the 1996 Act; and
“statement of special educational needs” (“datganiad o anghenion addysgol arbennig”) has the meaning given to it by section 324 of the 1996 Act(28).
2. A Single Education Plan must include, for the period referred to in regulation 5, the strategies referred to in this Part.
3. A statement setting out the authority’s strategy for improving the performance of schools maintained by the authority, including their strategies for the following—
(a)support for schools—
(i)whose performance is significantly worse than for other schools in Wales with comparable levels of pupils entitled to free school meals; or
(ii)which have been inspected by a registered inspector, whose inspection report states that in the inspector’s opinion special measures are required to be taken in relation to the school, or the school requires significant improvement, and that the Chief Inspector agrees with that opinion; or
(iii)which have been inspected by a member of the Inspectorate whose inspection report states that in the inspector’s opinion special measures are required to be taken in relation to the school, or the school requires significant improvement;
(b)support for schools in improving pupil transition between the second key stage and third;
(c)support to schools to improve standards of literacy or numeracy, including provision for improving the basic skills of under-attainers;
(d)provision for pupils with learning needs which are significantly greater than those of the majority of their peers;
(e)support for schools which is aimed at keeping pupils in school and reintegrating excluded pupils;
(f)support to schools to develop community focus;
(g)support for linguistic continuity in the Welsh language; and
(h)support to schools to improve pupil attendance.
4. A statement setting out the authority’s strategy, and the provision they propose to make, whether part time or full time, for pupils who by reason of illness, exclusion, or otherwise are not attending school, and for raising the standards of education of such pupils.
5. A statement setting out the authority’s strategy for planning school places (including the action they consider is needed to match supply of school places with identified need), taking into account—
(a)any projected reduction or growth in pupil numbers in any part of the authority’s area which would result in a surplus or deficit of available places;
(b)any existing levels of surplus places and incidence of overcrowding;
(c)demand for Welsh medium places;
(d)demand for places at faith schools;
(e)the need to bring all school buildings up to a fit standard for delivery of the National Curriculum for Wales and, where appropriate, to do so in a way which facilitates community use of school premises;
(f)the legal requirements to secure compliance with the statutory limit on infant class sizes prescribed under section 1 of the 1998 Act(29), and the desirability of limiting junior classes to 30 pupils;
(g)the need to secure nursery education (in accordance with requirements imposed by virtue of Regulations under section 118 of the 1998 Act)(30);
(h)their legal responsibilities under the Disability Discrimination Act 1995(31), or any other legislation, to improve access for disabled pupils and to facilitate access for disabled employees and other users of school premises;
(i)the need to provide post-16 school places; and
(j)the need to provide for pupils with special educational needs in special schools maintained by the authority, or in special units attached to other categories of schools so maintained, or by placement in non-maintained special schools or in independent schools.
6. A statement setting out how the authority proposes to monitor progress in respect of each of its strategies referred to in this Part.
7.—(1) In respect of the school years 2006-07 and 2007-08 the Targets for attainment, attendance and exclusions referred to in sub-paragraphs (2), (3) and (5) below.
(2) The Targets to be set for attainment are—
(a)The percentage of second key stage pupils in schools maintained by the authority achieving level 4 or above in both mathematics and science and either English or Welsh (first language) as assessed by teacher assessment;
(b)The percentage of third key stage pupils in schools maintained by the authority achieving level 5 or above in both mathematics and science and either English or Welsh (first language) as assessed by teacher assessment;
(c)The percentage of fourth key stage pupils in schools maintained by the authority achieving a GCSE grade C or above in both mathematics and science and either English or Welsh (first language);
(d)The percentage of pupils aged 15 in schools maintained by the authority who achieved any grade from A* to C in five or more GCSE examinations, or an equivalent achievement in other examinations at NQF level 2 or in any combination of GCSE or other examinations at NQF level 2;
(e)The average number of points achieved by pupils aged 15 in schools maintained by the authority in examinations of the kind referred to in paragraph 5 of Part 1 of Schedule 4 to the Education (School Information) (Wales) Regulations 1999(32) as calculated in accordance with that paragraph; and
(f)The percentage of pupils leaving full time education without any approved qualification(33).
(3) The Targets to be set for attendance are—
(a)The total attendance rate for primary schools maintained by the authority; and
(b)The total attendance rate for secondary schools maintained by the authority.
(4) In sub-paragraph (3)—
“the total attendance rate” (“cyfanswm cyfradd y presenoldebau”) means the total number of attendances in the school year in relation to which the target is being set expressed as a percentage of the total number of possible attendances in that school year; and
“the total number of possible attendances” (“cyfanswm nifer y presenoldebau posibl”) means the number produced by multiplying the number of day pupils of compulsory school age registered at, as the case may be, primary schools or secondary schools maintained by the authority in the school year in relation to which the target is being set by the number of school sessions in that school year.
(5) The Targets to be set for exclusions are—
(a)for both the primary and secondary sectors, the percentage of school days lost due to fixed-term exclusions and the average length of fixed-term exclusions in days; and
(b)for secondary schools, the rate of permanent exclusions per 1000 pupils.
(6) For the purposes of paragraph (2), references to pupils aged 15 are to pupils who were aged 15 on the 31 August immediately prior to the beginning of the school year in respect of which the target is set.
Regulation 4
A Single Education Plan must be accompanied by an Annex containing the following information—
(a)the number of primary and secondary pupils in the authority’s area for the school year 2005-06, and the projected number of such pupils for the following five school years;
(b)the number of pupils on roll at each school maintained by the authority (including nursery schools and special schools) in the school year 2005-06 compared to its capacity, and the projected number on roll for the following five school years;
(c)demand for Welsh medium provision in schools maintained by the authority as compared with available places for the school year 2005-06 and the following five school years;
(d)demand for provision in faith schools maintained by the authority as compared with available places for the school year 2005-06 and the following five school years;
(e)in relation to the 2005-06 school year—
(i)the number of nursery places in schools maintained by the authority;
(ii)the number of such places funded by the authority in non-maintained settings; and
(iii)separately in relation to the information specified in sub-paragraphs (i) and (ii) the number of places in—
Welsh-medium schools or settings, and
English-medium schools or settings,
and, in each case, the projected number of places for the school years 2006-07 and 2007-08; and
(f)in relation to the 2005-06 school year the total number of places in the following settings—
(i)special schools maintained by the authority, and
(ii)special units attached to other categories of schools so maintained,
with a breakdown, according to each type of special educational need catered for in each of those two types of settings, and (for each such setting and separately for each type of special educational need catered for in each such setting) a further breakdown according to whether—
(i)the provision is day provision only,
(ii)termly boarding provision is available,
(iii)52 week boarding provision is available, or
(iv)the provision is Welsh or English medium.
(This note is not part of the Regulations)
Section 29 of the Education Act 1996 (the 1996 Act), requires a Local Education Authority (the authority) to provide information to the National Assembly for Wales (the National Assembly).
Section 26 of the Children Act 2004 (the 2004 Act), provides that the National Assembly can require by Regulations a children’s services authority in Wales, from time to time to prepare and publish a plan setting out the authority’s strategy for discharging their functions in relation to children and relevant young persons.
These Regulations are made under sections 29(3), (5) and 569 of the 1996 Act and 26 of the 2004 Act, and revoke and replace the following Regulations:—
The Local Education Authority (Behaviour Support Plans) Regulations 1998;
The Local Education Authority (Behaviour Support Plans) (Amendment) (Wales) Regulations 2001;
The Education Development Plans (Wales) Regulations 2002;
The Education (School Organisation Plans) (Wales) Regulations 2003;
The Education (Nursery Education and Early Years Development and Childcare Plans) (Wales) Regulations 2003, regulations 5 to 7 and the Schedule;
The Education Development Plans (Amendment) (Wales) Regulations 2005.
These Regulations provide for the following matters:—
The requirement for an authority to prepare and publish a Single Education Plan (regulation 3);
The content of a Single Education Plan (regulation 4 and Schedules 2 and 3);
The duration of a Single Education Plan (regulation 5);
The persons and bodies whom an authority is required to consult when preparing a Single Education Plan, and the manner in which they are required to carry out that consultation (regulation 6);
The date on which an authority is required to adopt a Single Education Plan (regulation 7);
The date on which an authority is required to publish a Single Education Plan (regulation 8);
The revision of Targets for attainment, attendance and exclusion (regulation 9 and Part 3 of Schedule 2);
The revision of Supporting Information (regulation 10 and Schedule 3);
The manner in which the authority is required to publish documents (regulation 11);
The persons to whom an authority is required to provide copies of a Single Education Plan (regulation 12);
The transitional provisions relating to section 44 of the Education Act 2005 coming into force (regulation 13).
1996 c. 56. Sub-section (3) of section 29 was amended by section 140(1) and (3) of, and Schedule 30 and 31 to the School Standards and Framework Act 1998 (c. 31). For the definition of “prescribed” and “regulations” see section 142(1) of the 1998 Act.
See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).
2004 c. 31. Section 26 was commenced on 1 April 2006 by S.I. 2006/885 (W.85)(C.23).
The function of designating has been transferred under the National Assembly Transfer of Functions Order 1999 (S.I.1999/672).
See section 65(1) of the 2004 Act for the meaning of children’s services authority in Wales, which means a county council or county borough council.
Paragraph 15 was inserted by section 48 of the Education Act 1997 (c. 44), and amended by section 140 of, and Schedule 30 to the 1998 Act, and the Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and other provisions) (Wales) Order 2002, S.I. 2002/808 (W.89).
1977 c. 49. Section 16BA was inserted by section 6(1) of the National Health Service Reform and Health Care Professionals Act 2002 (c. 17).
A partnership under that name, includes, any partnership established for the furtherance of the objectives of section 123(2) of the Learning and Skills Act 2000 (c. 21).
Section 119 was amended by section 150 of the 2002 Act.
Section 390 was amended by section 140(1) of, and Schedule 30 to the 1998 Act.
1998 c. 37. Section 39 was amended by the Criminal Justice and Court Services Act 2000 (c. 43), and the Children Act 2004.
The Community Safety Partnership was established for the purposes of sections 5 and 6 of the Crime and Disorder Act 1998.
A Partnership under that name, includes, any Children’s Partnership established for the furtherance of the objectives of sections 25 and 26 of the 2004 Act.
Section 16A(4) was inserted by section 54 of the 2002 Act.
For the Transfer of Functions to the National Assembly see the Qualification, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition Order 2005, S.I. 2005/3239 (W.244). The corresponding regulatory authorities are the Qualifications and Curriculum Authority (England) and the Council for the Curriculum, Examinations and Assessment (Northern Ireland). Qualifications are listed by category and level. The framework may be accessed on www.qca.org.uk.
Section 324 has been amended by section 9 of the Special Needs and Disability Act 2001 (c. 10), and section 140 and Schedule 30 to the 1998 Act, and section 215 and Schedule 21 to the 2002 Act.
The Education (Infant Class Sizes) (Wales) Regulations 1998 (S.I. 1998/1943) specifies the infant class size limits to ordinarily be 30.
See the Education (Nursery Education and Early Years Development and Childcare Plans) (Wales) Regulations 2003, S.I. 2003/893, (W.113) as amended by Education (Nursery Education and Early Years Development and Childcare Plans) (Wales) (Amendment) Regulations 2005 S.I. 2005/1813, (W. 143).
S.I. 1999/1812, as amended by S.I. 2004/1736 (W.179).
An approved qualification is a qualification approved under section 99 of the Learning and Skills Act 2000, for the purposes of section 96 of that Act.