The Education (School Performance Information) (Wales) Regulations 1998

PART I GENERAL

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (School Performance Information) (Wales) Regulations 1998 and shall come into force on 1st September 1998.

(2) These Regulations apply in relation to schools and local education authorities in Wales.

Revocation

2.  The Education (School Performance Information) (Wales) Regulations 1997(1) are revoked.

Interpretation

3.—(1) In these Regulations, except where the context otherwise requires—

“the Act” means the Education Act 1996;

“authority”, in relation to a school maintained by a local education authority, means that authority and, in relation to a grant-maintained or grant-maintained special school, a non-maintained special school or an independent school, means the authority in whose area the school is situated;

“CoEA” means Certificate of Educational Achievement;

“the Document” means the most recent booklet published by, or under arrangements made by, the Secretary of State under section 537(6) of the Act containing information provided to him in accordance with these Regulations or the Regulations revoked by regulations 2, or compiled from such information, which covers both the area of the authority by which the school is maintained (in the case of a LEA maintained school) or in which the school is situated (in the case of any other maintained school), and Wales as a whole; and “the Summary Document” means the most recent booklet so published by the Secretary of State containing a summary of the information contained in the Document;

“examination” includes any method of assessment;

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

“GCSE” means General Certificate of Secondary Education;

“GCSE short course” means a GCSE course designed to cover a proportion only (being not less than half) of the corresponding full GCSE course of study, and to which the same grading standards are applied; and “GCSE short course examination” means an examination the course leading to which is a GCSE short course;

“GNVQ” means General National Vocational Qualification;

“higher examinations” means GCE ‘A’ level and ‘AS’ examinations and examinations leading to the award of an Advanced GNVQ;

“independent school” means any school at which full-time education is provided for five or more pupils over the age of 11 (whether or not such education is also provided for pupils under that age) not being a school maintained by a local education authority, a grant-maintained school or a special school not maintained by a local education authority;

“LEA maintained school” means—

(a)

any county or voluntary school; and

(b)

any special school maintained by an authority which is not established in a hospital;

but excludes any nursery school;

“lower examinations” means GCSE and GCSE short course examinations, examinations leading to the award of a NVQ at level 1 or 2, and examinations leading to the award of a Part 1 or full GNVQ at Foundation or Intermediate level;

“maintained school” means—

(a)

any LEA maintained school; and

(b)

any grant-maintained school or grant-maintained special school which is not established in a hospital;

but excludes any nursery school;

“non-maintained special school” means a special school which is neither a LEA maintained school nor a grant-maintained special school (and is not established in a hospital);

“NVQ” means National Vocational Qualification;

“previous year” means—

(a)

in relation to any provision of these Regulations, other than paragraph (3) below, in its application in relation to information relating to GNVQs and NVQs, the period of 12 months ending on 31st July in the school year which immediately precedes the school year immediately preceding the publication school year, or

(b)

in relation to any such provision in its application to information other than information relating to GNVQs and NVQs, and in relation to paragraph (3) below, the school year which immediately precedes the school year immediately preceding the publication school year;

“public examination” means a public examination which is for the time being prescribed by regulations under section 453(1) of the Act(2);

“publication school year” means the school year in which information provided to the Secretary of State under these Regulations, or under the regulations revoked by these regulations, is to be published by him;

“relevant three year period” means the period of three years ending at the expiration of the reporting year and the period of three years ending at the expiration of the previous year;

“reporting year” means—

(a)

in relation to any provision of these Regulations, other than paragraph (3) below, in its application in relation to information relating to GNVQs and NVQs, the period of 12 months ending on 31st July in the school year immediately preceding the publication school year; or

(b)

in relation to any such provision in its application to information other than information relating to GNVQs and NVQs, and in relation to paragraph (3) below, the school year immediately preceding the publication school year;

“school year” means a period of 12 months ending on 31st August;

“Schools’ Census enumeration date” means the date by reference to which the Secretary of State annually requires information to be provided relating to maintained schools pursuant to section 29(1) of the Act and by reference to which independent schools are requested to provide corresponding information;

“special class or unit” means a class or unit (as the case may be) so designated by the authority (in the case of a LEA maintained school), governing body (in the case of a grant-maintained or grant-maintained special school) or proprietor (in the case of a non-maintained special school or an independent school), in which all or the majority of pupils have special educational needs;

“special school” has the meaning assigned to it by section 337(1) of the Act;

“unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) Regulations 1995(3) and “authorised absence” shall be construed accordingly; and

“Welsh-speaking school” has the meaning assigned to it by section 354(8) of the 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, references to pupils of a particular age are—

(a) in relation to information to be provided under Schedule 1 in respect of the reporting year, or in relation to information to be provided under Schedule 2, references to pupils who were of that age on the 31st August immediately preceding the commencement of the reporting year; or

(b) in relation to information to be provided under Schedule 1 in respect of a relevant three year period, references to pupils who were of that age on the 31st August immediately preceding the commencement of the first, second or third year of that period (as the case may be) in respect of which information is being ascertained for the purpose of determining an average number or percentage over that period.

(4) Except where these Regulations so provide, references to a GCSE do not include a GCSE where the course leading to it is a GCSE short course.

(5) In these Regulations references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 402 of the Act.

(6) In these Regulations references to key stages are to the periods set out in section 355(1) of the Act.

(7) For the purposes of these Regulations, references to examinations for which pupils aged 16, 17 or 18 were entered are—

(a) in relation to the reporting year, references to examinations which are to take place and the results of which are to be given in that year; or

(b) in relation to a relevant three year period, references to examinations which are to take place and the results of which are to be given in the first, second or third year of that period (as the case may be) in respect of which information is being ascertained for the purpose of determining an average number or percentage over that period.

(8) Where under Schedule 1 or 2 to these Regulations information is required to be provided in respect of pupils aged 15, the information to be provided is—

(a) in the case of a requirement to provide information relating to pupils entering for examinations, information relating to pupils entering for examinations which are to take place and the results of which are to be given; or

(b) in the case of information relating to pupils’ achievements, information relating to results given,

in the reporting year or (as the case may be) in the first, second or third year of the relevant three year period in respect of which information is being ascertained for the purpose of determining the average number or percentage over that period, and (in either case) in any earlier year.

(9) For the purposes of any provision of these Regulations relating to pupil entries for GNVQ or NVQ examinations for which there is no formal entry requirement, a pupil shall be deemed to have been entered for the examination if he completed the course leading to the award of the GNVQ or (as the case may be) the NVQ.

(10) Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by computer.

Determination of examination entries and results

4.—(1) The provisions of this regulation have effect for the purpose of determining the examination entries and results referred to in Schedule 1.

(2) A pupil shall be treated as having been entered for a GCSE, GCSE short course, CoEA, GCE ‘A’ level or GCE ‘AS’ whether or not the pupil took the examination.

(3) If a pupil has been entered for two or more examinations, both of which fall within one of the descriptions of examinations referred to in paragraph (2) above, in the same subject to be taken in the same school year or, where information is in accordance with regulation 3(8) required to cover entries for examinations in earlier years, in any earlier year, only the entry and result in respect of the examination in which the higher or highest grade was achieved shall be taken into account.

(4) In the case of an examination, including a GCSE short course examination, leading to the award of a GCSE in two subjects, a pupil shall be included only once in calculating numbers or percentages of pupils entered, but each grade awarded shall be taken into account in determining his achievements.

(5) For the purpose of determining an equivalent achievement for the purposes of Schedule 1—

(a) two GCSE short course results (falling within the grades specified) shall be treated as equivalent to one GCSE result (falling within those grades);

(b) a Part 1 Foundation GNVQ (with or without a merit or distinction) shall be treated as equivalent to 2 GCSEs at grades D* to G;

(c) a Part 1 Intermediate GNVQ (with or without a merit or distinction) shall be treated as equivalent to 2 GCSEs at grades A* to C;

(d) a full Foundation GNVQ (with or without a merit or distinction) or an NVQ at level 1 shall be treated as equivalent to 4 GCSEs at grades D* to G;

(e) a full Intermediate GNVQ (with or without a merit or distinction) or an NVQ at level 2 shall be treated as equivalent to 4 GCSEs at grades A* to C;

(f) an Advanced GNVQ with a distinction shall be treated as equivalent to two GCE ‘A’ levels at grade A or B;

(g) an Advanced GNVQ with a merit shall be treated as equivalent to two GCE ‘A’ levels at grade C; and

(h) an Advanced GNVQ (without a distinction or merit) shall be treated as equivalent to two GCE ‘A’ levels at grade D or E.

(6) For the purposes of determining the number of higher examinations for which a pupil is entered for the purposes of Part II of Schedule 1—

(a) a GCE ‘AS’ examination counts as half an examination;

(b) a GCE ‘A’ level examination counts as one examination; and

(c) an Advanced GNVQ counts as two examinations.

(7) For the purposes of Schedule 1 the following grades equate to the following points, namely:

• GCE ‘A’ level: grade A=10 points; grade B=8 points; grade C=6 points; grade D=4 points; and grade E=2 points;

• GCE ‘AS’: grade A=5 points; grade B=4 points; grade C=3 points; grade D=2 points; and grade E=1 point;

• GNVQ, Advanced level: distinction=18 points; merit=12 points; other pass=6 points;

• GCSE: grade A*=8 points; grade A=7 points; grade B=6 points; grade C=5 points; grade D=4 points; grade E=3 points; grade F=2 points; grade G=1 point;

• GCSE short course: grade A*=4 points; grade A=3.5 points; grade B=3 points; grade C=2.5 points; grade D=2 points; grade E=1.5 points; grade F=1 point; grade G=0.5 points;

• Full GNVQ, Intermediate level: distinction=30 points; merit=24 points; other pass=20 points;

• Part 1 GNVQ, Intermediate level: distinction=15 points; merit=12 points; other pass=10 points;

• Full GNVQ, Foundation level: distinction=16 points; merit=12 points; other pass=6 points;

• Part 1 GNVQ, Foundation level: distinction=8 points; merit=6 points; other pass=3 points.

(8) In Schedule 1 references to a GCSE pass at grade A include grade A*.

(9) Where an average number or percentage over a relevant three year period is required to be provided, it shall be determined in accordance with Schedule 5.

Qualification of duties

5.  The duties imposed on head teachers, governing bodies, authorities and proprietors by virtue of these Regulations in respect of the provision of information apply only to the extent that the information is available to the head teacher, governing body, authority or proprietor (as the case may be) in time for it to be reasonably practicable for the information to be provided before the latest occasion on which the information is required to be provided.

PART II PROVISION OF INFORMATION BY HEAD TEACHER

Provision of information by head teacher to governing body

6.  The head teacher of every maintained school which provides secondary education shall each year make available to the governing body information about the matters relating to the school mentioned in Schedules 1 to 4 to these Regulations for the purpose of enabling them to comply with their obligations under these Regulations.

PART III PROVISION OF INFORMATION TO THE SECRETARY OF STATE

Provision of information relating to schools to the Secretary of State

7.  The governing body of every maintained school which provides secondary education, the governing body of every non-maintained special school and the proprietor of every independent school with registered pupils aged 15, 16, 17 or 18 shall, within two weeks of receiving a written request from the Secretary of State, provide him with the information referred to—

• (a)

  in the case of information being provided in respect of pupils aged 15, in Parts I and III of Schedule 1 and paragraphs 3 to 6 of Schedule 2; and

  (b)

  in the case of information being provided in respect of pupils aged 16, 17 or 18, in Part II of Schedule 1 and in paragraphs 1 and 2 of Schedule 2.

8.  The governing body of every maintained school which provides secondary education, the governing body of every non-maintained special school and the proprietor of every independent school shall, within two weeks of receiving a written request from the Secretary of State, provide him with such information relating to the school as is referred to in Schedules 3 and 4.

PART IV PUBLICATION OF INFORMATION

Information to be provided by the governing body to parents

9.—(1) The governing body of every maintained school which provides secondary education shall provide the information referred to in Schedules 1 to 4 in the manner and to the persons specified in paragraph (2).

(2) The information shall be provided by copies being made available at the school for reference by parents and other persons on request.

Provision of local and all-Wales performance information by governing bodies and local education authorities

10.—(1) The governing body of every maintained school with pupils in the final year of the fourth key stage, the governing body of every maintained school with pupils in the final year of the second key stage and the authority shall provide the Document and the Summary Document in the manner and to the persons specified in paragraphs (2) to (4).

(2) In the case of a school with pupils in the final year of the fourth key stage, copies of both the Document and the Summary Document shall be made available by the governing body of the school at the school for reference by parents and other persons on request, and copies of the Summary Document shall be distributed (without charge) by the governing body to parents of pupils in the final year of the fourth key stage.

(3) In the case of a school with pupils in the final year of the second key stage, copies of both the Document and the Summary Document shall be made available by the governing body of the school at the school for reference by parents and other persons on request, and copies of the Summary Document shall be distributed (without charge) by the governing body to parents of pupils in the final year of the second key stage.

(4) Copies of both the Document and Summary Document shall be made available by the authority at libraries in their area for reference by members of the public.

Avoidance of duplication of information in certain circumstances

11.  Nothing in these Regulations shall require a head teacher, governing body or proprietor to make the same published particulars available to any person on more than one occasion.