The Education (Baseline Assessment) (England) Regulations 1998

Citation, commencement and application

1.—(1) These regulations may be cited as the Education (Baseline Assessment) (England) Regulations 1998 and shall come into force on 1st August 1998.

(2) These regulations shall apply in relation to maintained primary schools in England.

Interpretation

2.  In these regulations—

“the Act” means the Education Act 1997;

“the 1996 Act” means the Education Act 1996(1);

“accredited” in relation by a baseline assessment scheme means such a scheme when it has been accredited to a designated body in accordance with section 16(2) of the Act;

“appropriate authority” has the meaning given to it by paragraph 1 of the Schedule to these regulations;

“baseline assessment” means, in respect of a pupil of a maintained primary school, an assessment carried out in accordance with the baseline assessment scheme adopted for the school;

“compulsory school age” has the meaning given to it by section 8 of the 1996 Act(2);

“DfEE Number” in relation to a school means the number assigned to the school by the Department for Education and Employment as its unique identifier.

“first Key Stage” has the meaning given to it by section 355(1)(a) of the 1996 Act;

“nursery class” means a class predominantly engaged in the provision of full-time or part-time education suitable for children who have not attained compulsory school age;

“pupil” has the meaning given to it by section 3 of the 1996 Act;

“reception class” has the meaning given to it by section 579(1) of the 1996 Act;

“relevant stage” in relation to a pupil means the relevant stage of his education as prescribed in regulation 3, below.

Relevant stage of education

3.  For the purposes of section 17(1) of the Act, a pupil shall be regarded as at the relevant stage of his education if, as a registered pupil at a maintained primary school,—

(a) he has attained the age of four but

(b) he has not yet attained the age of six

and either—

(i) he is below compulsory school age and is in a reception class or a class, other than a nursery class, at the school into which children below compulsory school age are normally placed on admission to the school or

(ii) he is at the first Key Stage.

Timing of assessment

4.—(1) The prescribed period for the purposes of section 17(2) of the Act (period before the end of which the baseline assessment must be completed) in relation to a pupil who is at the relevant stage shall be the period, if any, commencing on the day on which the pupil first attends the school as a pupil at the relevant stage and ending—

(a) unless paragraph (2) applies, with the day defined in paragraph (3);

(b) if paragraph (2) applies, with the day defined in paragraph (4).

(2) This paragraph applies where, exceptionally, for reasons outside the control of the head teacher, the baseline assessment in relation to the pupil cannot be completed within the period defined in paragraph (3).

(3) The day in question shall be the 34th school day after the commencement of the period.

(4) The day in question shall be the first day following the day defined in paragraph (3) by which the baseline assessment could reasonably have been completed.

Circumstances in which requirement to assess may not apply

5.  A head teacher may direct that the requirement in section 17(1) of the Act (all pupils who are at the relevant stage to be assessed) is not to apply to a pupil if, at the time of the direction,—

(a) a statement of the child’s special educational needs is being maintained by a local education authority in respect of the pupil pursuant to section 324 of the 1996 Act; and

(b) in the opinion of the head teacher, a baseline assessment in relation to the pupil would not add materially to the information available to the school as a result of the assessment of his educational needs made by the authority.

Functions of governing bodies

6.  The governing body of a maintained primary school shall have the functions set out in Part II of the Schedule to these regulations and shall act accordingly.

Functions of head teachers

7.  The head teacher of a maintained primary school shall have the functions set out in Part III of the Schedule to these regulations and shall act accordingly.

Functions of local education authorities

8.  Every local education authority shall have the functions set out in Part IV of the Schedule to these regulations and shall act accordingly.

Estelle Morris

Parliamentary Under Secretary of State,

Department for Education and Employment

23rd June 1998.