Statutory Instrument 1993 No. 835

The Education (Individual Pupils' Achievements) (Information) (Wales) Regulations 1993

---

© Crown Copyright 1993

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Education (Individual Pupils' Achievements) (Information) (Wales) Regulations 1993, ISBN 0110338359. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1993 No. 835

EDUCATION, ENGLAND AND WALES

The Education (Individual Pupils' Achievements) (Information) (Wales) Regulations 1993

In exercise of the powers conferred on the Secretary of State by sections 22(1), 218(1)(f) and (4) and 232(5) and (6) of the Education Reform Act 1988 ^[1] and after consulting with those persons with whom consultation appeared to him to be desirable, the Secretary of State for Wales hereby makes the following Regulations:

Citation and commencement, extent and revocation of previous Regulations
    1.—(1)  These Regulations may be cited as the Education (Individual Pupils' Achievements) (Information) (Wales) Regulations 1993 and shall come into force on 20th April 1993.

    (2)  These Regulations extend to Wales only.

    (3)  The Education (Individual Pupils' Achievements) (Information) (Wales) Regulations 1992 ^[2] are hereby revoked.

Definitions
    2.—(1)  In these Regulations —

"the Act" means the Education Reform Act 1988;


"attendance record" means the record of a pupil's school attendance contained in the Attendance Register kept in accordance with section 80 of the Education Act 1944 ^[3] and the Pupils' Registration Regulations 1956 ^[4];


"class" has the meaning assigned to it by section 3(6) of the Act;


"GCE ‘A’ level" and "GCE ‘AS’" mean General Certificate of Education advanced level and advanced supplementary respectively;


"GCSE" means General Certificate of Secondary Education;


"key stage" means any of the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Act, and a reference to the first, second, third or fourth key stage is a reference to the periods set out respectively in the said paragraphs (a) to (d);


"levels" means the levels of attainment set out in any document of a kind referred to in section 4(4) of the Act the provisions of which have effect, or (as the case may be) have effect as amended, by virtue of any Order made under section 4(2)(a) or (b) of the Act and, unless the context otherwise requires, means such levels determined in accordance with the statutory arrangements;


"maintained school" has the meaning assigned to it by section 25(1) of the Act;


"NC tests" has the same meaning as in the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics, Science, Welsh Second Language and Technology) (Key Stage 3) (Wales) Order 1992 ^[5]


"profile component" means any grouping of attainment targets for the purposes of the statutory arrangements;


"qualification" means a qualification for the time being approved pursuant to section 5 of the Act;


"school day" means a day on which the school meets; and


"the statutory arrangements" means assessment arrangements specified by order made under section 4(2)(c) of the Act.

    (2)  In these Regulations references to pupils aged 15 or 17 are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the school year in which they took GCSE examinations or GCE ‘A’ level and ‘AS’ examinations respectively.

    (3)  In these Regulations a reference to an attainment target, profile component or subject from which a pupil is exempt is to an attainment target, profile component or subject which does not apply to a pupil by virtue of regulations made under section 17 of the Act, provision made pursuant to section 18 of the Act in the pupil's statement of special educational needs made under section 7 of the Education Act 1981 ^[6], or a direction given by the head teacher pursuant to regulations made under section 19 of the Act ^[7].

    (4)  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 and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.

    (5)  Any average number calculated for the purposes of these Regulations shall be calculated to the nearest whole number (halves being rounded upwards) and, in calculating an average number relating to examination points scores, the results of pupils who were entered for an examination but failed to attain any pass grade shall be taken into account.

Headteacher's report to parents and adult pupils
    3.—(1)  The head teacher of every maintained school shall, each school year, make available in writing to the parent of each registered pupil at the school and to each such pupil who has attained or who will attain the age of 18 years before 31st August next following the end of that year, a report containing—
 (a) the information relating to the pupil's educational achievements and the other information relating to him specified—
 (i) as respects pupils in the final year of a key stage, in Part 1 of Schedule 1 hereto;
 (ii) as respects pupils in a year of a key stage other than the final year in Part 2 of that Schedule;
 (iii) as respects pupils aged at least 17 who have taken GCE ‘A’ level or GCE ‘AS’ examinations, in Part 3 of that Schedule; and
 (iv) as respects all pupils, in Part 4 of that Schedule; and
 (b) in the case of a pupil at the end of a key stage or who has taken examinations for the GCSE or GCE ‘A’ level and ‘AS’ examinations, the information relating to the educational achievements of all other such pupils at the school and of all such pupils at schools in Wales whose achievements were assessed or examined (as the case may be) at the same time as the pupil's, and the other information relating to such pupils, specified in Schedule 2 hereto.

    (2)  The head teacher shall send the report by post or otherwise—
 (a) in the case of a pupil in the final year of the first or second key stage, during the period beginning on 1st June and ending with the earlier of the end of the summer term and of 31st July;
 (b) in the case of a pupil in the final year of the third or fourth key stage, subject to paragraph (3) during the period beginning with 15th June and ending with the earlier of the end of the summer term and of 31st July;
 (c) in any other case, subject to paragraph (3), at any time before the earlier of the end of the summer term and 31st July:


Provided that the period to which the report relates shall, in all cases, begin with the end of the period to which the report last made pursuant to these Regulations (or as the case may be the Regulations revoked by regulation 1) related, or the pupil's admission to the school, which ever is the later.

    (3)  Where the report includes the results of public examinations taken by a pupil at the end of the fourth key stage or who is over compulsory school age and not in any key stage, or of NC tests taken by a pupil at the end of the third key stage which are subject to verification by a designated body in accordance with the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics, Science, Welsh Second Language and Technology) (Wales) Regulations 1992 and the results are not received by the head teacher until after the earlier of the end of the summer term and of 31st July, he shall send the report as soon as practicable and in any event not later than the following 30th September.

    (4)  In sub-paragraph (b) of paragraph (1) and Schedule 2, the reference to pupils at schools in Wales is to pupils at all such maintained schools and at such independent schools whose achievements were assessed as if the statutory arrangements applied to them or, as the case may be, who took the examinations mentioned in that sub-paragraph and that Schedule.

    (5)  Where the information consists of levels it shall be accompanied by a brief explanatory commentary which enable a parent to understand his child's progress in the subject individually and in relation to other children in the same year of the key stage, and if the levels have been determined in accordance with the statutory arrangements they shall be accompanied by a statement to that effect.

Additional information to be made available
    4.—(1)  Subject to paragraph (2) it shall be the duty of the head teacher, in the case of a pupil at the end of the first or second key stage, to disclose to the pupil's parent, when requested to do so by the parent, the relevant data, and to make available to the parent without charge a copy of those data.

    (2)  The head teacher shall comply with any request pursuant to paragraph (1) within fifteen school days of its receipt by him or, if the request is received on a day which is not a school day, within fifteen school days of the first day following the day on which he received the request.

    (3)  In paragraph (1) "the relevant data" means the levels of attainment achieved by the pupil in each attainment target in history, geography, technology and Welsh Second Language in respect of which the pupil has been assessed in accordance with the statutory arrangements.

School leaver's report
    5.—(1)  The head teacher of every maintained school shall provide to any pupil who has ceased to be of compulsory school age and who is proposing to leave or has left the school, the information referred to in paragraph (2).

    (2)  The information consists of—
 (a) the levels attained by the pupil in each foundation subject and each attainment target of a foundation subject, determined by his most recent assessment in accordance with the statutory arrangements;
 (b) the results of any public examination taken by the pupil and any qualification and credits towards a qualification awarded to him; and
 (c) brief particulars of the pupil's progress and achievements in all subjects and activities forming part of the school curriculum in the school year during, or at the end of which, the pupil left the school.

    (3)  The information referred to in sub-paragraphs (a) and (c) of paragraph (2) shall be included under the heading "School Achievements" in the form specified in Schedule 3, or a form to the like effect, and that part of the form shall be signed by a teacher who is familiar with the pupil and his achievements, and the information referred to in sub-paragraph (b) of paragraph (2) shall be so included under the heading "Qualifications and Credits" and that part of the form shall be signed by or on behalf of the headteacher and countersigned by a teacher who is familiar with the pupil and his achievements.

    (4)  Any form in which the information referred to in paragraph (2) is provided shall provide for signature by the pupil.

    (5)  Such information shall be provided to the pupil not later than 30th September next following the end of the school year during or at the end of which the pupil left the school.

Report when pupil changes schools
    6.—(1)  Subject to paragraph (4), where a pupil ceases to be a registered pupil at a maintained school (his "old" school) and becomes a registered pupil at another school (his "new" school), the head teacher of the pupil's old school shall, at the time referred to in paragraph (3), send to the head teacher of his new school a report about the pupil containing the information referred to in paragraph (2).

    (2)  The information is—
 (a) the levels achieved by the pupil at or near the end of each key stage in each attainment target and subject;
 (b) in the case of a pupil of compulsory school age, his teachers' most recent assessments, since he was last assessed in accordance with the statutory arrangements, of his achievements in relation to all attainment targets in the foundation subjects which apply to him; and
 (c) the results of any public examination taken by him (including results of such examinations taken when the pupil was a registered pupil at another maintained school).

    (3)  The head teacher of the pupil's old school shall send the report within 15 school days of the pupil's ceasing to be registered at the school.

    (4)  This regulation does not apply where it is not reasonably practicable for the head teacher of the old school to ascertain the pupil's new school, nor where the pupil was registered at his old school for less than four weeks.

    (5)  Notwithstanding paragraph (4), if the head teacher of the pupil's old school receives at any time a request from the head teacher of the pupil's new school for a report about the pupil he shall send one containing the information referred to in paragraph (2) within 15 school days of receiving the request.

Savings
    7.—(1)  The provisions of this regulation apply to the information required to be provided by regulations 3 or 5 consisting of brief particulars of a pupil's skills and abilities and general progress.

    (2)  Nothing in regulations 3 or 5 shall require the making available of any information—
 (a) originating from or supplied by or on behalf of any person other than—
 (i) an employee of the local education authority which maintains the school;
 (ii) in the case of a grant-maintained or voluntary aided school, a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services);
 (iii) an education welfare officer (within the meaning of the Education (No. 2) Act 1986) ^[8] or
 (iv) the person requesting disclosure;
 (b) to the extent that it would reveal, or enable to be deduced, the identity of a person (other than the pupil to whom that information relates or a person mentioned in sub-paragraph (a)) as the source of the information or as a person to whom that information relates;
 (c) to the extent that disclosure would, in the opinion of the head teacher, be likely to cause serious harm to the physical or mental health or emotional condition of the pupil to whom the information relates or of any other person;
 (d) to the extent that, in the opinion of the head teacher it is relevant to the question whether the pupil to which it relates is or has been the subject of or may be at risk of child abuse; or
 (e) so as to disclose to a pupil's parent the levels in any attainment target or subject of any other pupil.

    (3)  In this regulation "child abuse" includes physical (other than accidental) injury to, and physical and emotional neglect, ill-treatment or sexual abuse of, a child.

Amendment of Education (School Records) Regulations 1989
    8.    The Education (School Records) Regulations 1989 ^[9] shall be amended—
 (a) by the addition at the end of paragraph (3) of regulation 6 of the following words—
"and the curricular record shall not include the results of any assessment of the pupil's achievements (whether under Chapter I of Part I of the Education Reform Act 1988 or otherwise)" ;

 (b) by the substitution for paragraph (4) of that regulation of the following—
"  (4)  Paragraph (1) (c) does not apply to that part of a curricular record consisting of the results of any assessment of a pupil's achievements (whether under Chapter I of Part I of the Education Reform Act 1988 or otherwise), and in that subparagraph "inaccurate" means inaccurate or misleading as to any matter of fact." ;

 (c) by the addition at the end of that regulation of the following paragraph—
"  (6)  Nothing in paragraph (3) shall be taken to prevent the disclosure and supply of copies of the results of a pupil's assessment to the headteacher of a school to which a pupil transfers following his consideration for admission thereto." ; and

 (d) by the deletion of paragraph (1) (b) of regulation 12.

Translation of report
    9.—(1)  If any information required to be made available under these Regulations is published in Welsh, then if it appears requisite to the head teacher of any school that the information should be published in English, or in English and Welsh, as well, it shall be so published and these Regulations shall apply to the information so published as they apply to the original publication.

    (2)  If any information required to be made available under these Regulations is published in English, then if it appears requisite to the head teacher of any school that the information should be published in Welsh, or in Welsh and English, as well, it shall be so published and these Regulations shall apply to the information so published as they apply to the original publication.

    (3)  If it appears requisite to the head teacher of any school that a translation of any information required to be made available under these Regulations should be published in a language other than English or Welsh, it shall be so translated and these Regulations shall apply to the translated information as they apply to the original information.

    (4)  No charge shall be made for a copy of any information translated in accordance with paragraphs (1), (2) or (3).

Qualification of headteacher's duty
    10.    The duty imposed on a headteacher by regulation 3, read with Schedule 2, to provide information relating to the educational achievements of pupils at schools in Wales, applies only to the extent that such information has been made available to the headteacher by the Secretary of State in sufficient time to enable the headteacher to provide it in accordance with that regulation.

[1] 1988 c. 40; section 22 was amended by the Education (Schools) Act 1992 (c. 38), paragraph 6 of Schedule 4. back

[2] S.I. 1992/1205. back

[3] 1944 c. 31; section 80 was repealed in part and extended by section 4 of and Schedule 2 to the Education (Miscellaneous Provisions) Act 1948 (c. 40) and was amended by Schedule 1 to the Education Act 1980 (c. 20) and paragraph 58 of Schedule 12 to the Education Reform Act 1988. For matters to be prescribed see section 114(1) of the Education Act 1944. back

[4] S.I. 1956/357, amended by S.I. 1987/1285, 1988/1185 and 1991/1582. back

[5] S.I. 1992/2042. back

[6] 1981 c. 60. back

[7] The current regulations are the Education (National Curriculum) (Temporary Exceptions for Individual Pupils) Regulations 1989 (S.I. 1989/1181). back

[8] 1986 c. 61. back

[9] S.I. 1989/1261; amended by S.I. 1992/1089. back

Explanatory Note