The Education (Baseline Assessment) (England) Regulations 1998

Regulations 6, 7 and 8

SCHEDULE

PART I INTERPRETATION

1.  In this Schedule, the expression “appropriate authority” shall mean—

(a) in the case of a primary school which is maintained by a local education authority, that authority; and

(b) in the case of a primary school which is a grant-maintained or grant-maintained special school, the Qualifications and Curriculum Authority.

PART II FUNCTIONS OF GOVERNING BODIES

2.  In so far as functions in connection with baseline assessment are conferred or imposed on the head teacher of a maintained primary school it shall be a function of the governing body of the school to exercise its functions generally with a view to securing that any requirements of these regulations in relation to those functions of the head teacher may be complied with.

3.  It shall be a function of the governing body of the school to inform the appropriate authority of the baseline assessment scheme adopted for the school.

4.  The information required by paragraph 3 shall be supplied to the appropriate authority—

(a) in the case of a school the governors of which have, by the relevant date, adopted a baseline assessment scheme for the school, within 10 days of the relevant date, and

(b) in any other case, within 10 school days of the adoption of the scheme by the governing body,

the “relevant date” for the purposes of this paragraph being the first day of the first school term commencing after the coming into force of these regulations.

PART III FUNCTIONS OF HEAD TEACHERS

5.  It shall be the function of the head teacher to secure that every pupil of the school to whom the requirement in section 17(1) of the Act (all pupils who are at the relevant stage to be assessed) applies is assessed in accordance with the baseline assessment scheme adopted for the school.

6.  It shall be the function of the head teacher, in accordance with the following paragraphs of this Part, to give the following notifications:

(a) in respect of each pupil who is at the relevant stage and in relation to whom a baseline assessment has been carried out at the school, that it has been carried out and of the results of the assessment, notification being addressed to the appropriate authority;

(b) in respect of each pupil who is at the relevant stage and in relation to whom a baseline assessment has not been carried out at the school during the prescribed period, that it has not been carried out and of the reason for its not having been carried out, notification being addressed to the appropriate authority;

(c) in respect of a pupil who ceases to be a registered pupil at the school,—

(i) of any baseline assessment of the pupil carried out at the school, or

(ii) if no baseline assessment of the pupil has been carried out at the school, of the reason for its not having been carried out,

notification being addressed to the school notified by its head teacher as the pupil’s new school.

7.  The function in paragraph 6(c) shall only operate in the case of a pupil who reached the relevant stage after these regulations came into force.

8.  A notification required by sub-paragraph (a), (b) or (c) of paragraph 6 shall be given in writing.

9.—(1) A notification required by sub-paragraphs (a) or (b) of paragraph 6 shall be given not later than 10 school days before the end of the school term in which the prescribed period, as defined by regulation 4, ended.

(2) A notification required by sub-paragraph (c) of paragraph 6 shall be given not later than 15 school days after notification is received from the new school.

(3) A notification not given in accordance with sub-paragraph (1), or, as the case may be, sub-paragraph (2) shall be given as soon thereafter as reasonably practicable.

10.  A notification required by sub-paragraph (a) or (c)(i) of paragraph 6 shall contain the following information pertaining to the baseline assessment to which it relates:

(a) the name and address of the school;

(b) the DfEE number of the school;

(c) the baseline assessment scheme used for the assessments.

11.  A notification required by sub-paragraph (a) or (c)(i) of paragraph 6 shall contain the following information pertaining to the pupil to whom it relates:

(a) his family name and given name;

(b) his sex;

(c) his date of birth;

(d) the month and year of the assessment;

(e) whether his attendance at school during the period of the assessment was part-time or full-time;

(f) the outcome or outcomes of the assessment;

(g) the aspects of his development, if any, which have been assessed in a language other than English.

12.—(1) A notification required by sub-paragraph (b) or (c)(ii) of paragraph 6, if the reason why baseline assessment has not been carried out at the school is that a baseline assessment had been carried out prior to the pupil’s admission to the school, at another school (a “previous” school), shall, unless sub-paragraph (2) applies, include a copy of the notification given by the previous school.

(2) This sub-paragraph applies only where—

(a) the notification is required by sub-paragraph (b) of paragraph 6, and

(b) the school giving the notification is, and at the time of the baseline assessment of the pupil the previous school was, a primary school maintained by the same local education authority.

13.—(1) It shall be the function of the head teacher in accordance with sub-paragraphs (2) and (3)

(a) to offer to the parent of a pupil in relation to whom a baseline assessment has been carried out at the school, and,

(b) if the parent signifies a wish to accept, to arrange,

a reasonable opportunity for the parent to discuss with a teacher at the school the results of the assessment.

(2) The offer shall be made within the term in which the assessment was completed and the head teacher shall secure that any resulting discussion takes place within that term or as soon thereafter as is reasonably practicable.

PART IV FUNCTIONS OF LOCAL EDUCATION AUTHORITIES

14.  Every local education authority shall have the functions of receiving and keeping the notifications made to it under Parts II and III of this Schedule.

15.—(1) It shall be a function of every local education authority to notify the body designated by the Secretary of State for the purpose of any assessment notified to it in pursuance of paragraph 6(a).

(2) A notification required by sub-paragraph (1) shall be given not later than 7 days after the last day of the school term in which the assessment was notified to the local education authority.

(3) The authority shall forward to the designated body with the notification under sub-paragraph (1) so much of the information referred to in paragraphs 10 and 11 as was contained in the notification received by the authority.