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The Education (School Performance and Unauthorised Absence Targets) (Wales) Regulations 1999

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3.—(1) In these Regulations–

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

“the 1997 Act” means the Education Act 1997;

“the 1998 Act” means the School Standards and Framework Act 1998;

“to achieve the core subject indicator” means–

(a)

in relation to second key stage pupils, that those pupils are to be assessed as having achieved level 4 or above in NC tests for that key stage in English or Welsh (other than Welsh second language) and in both mathematics and science,

(b)

in relation to third key stage pupils, that those pupils are to be assessed as having achieved level 5 or above in NC tests for that key stage in English or Welsh (other than Welsh second language) and in both mathematics and science, and

(c)

in relation to pupils who will attain the age of 16 years during the school year in which they take the relevant GCSE examinations, that those pupils are to have achieved any grade from A* to C in a GCSE examination in English or Welsh (other than Welsh second language) and in both a GCSE examination in mathematics and a GCSE examination in science;

the Assembly” means the National Assembly for Wales(2);

CoEA” means Certificate of Educational Achievement;

“core subjects” means the core subjects within the meaning of section 354(1) of the 1996 Act;

“following school year” means the school year immediately following the school year in question;

“GCSE” means General Certificate of Secondary Education, and “GCSE examination” means an examination, the course leading to which is a full GCSE course of study;

“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;

“level 4” means level 4 of the National Curriculum level scale as determined by the results of NC tests;

“level 5” means level 5 of the National Curriculum level scale as determined by the results of NC tests;

“maintained school” means in the period ending immediately before 1st September 1999, a county, voluntary or maintained special school or a grant-maintained or grant-maintained special school and, in relation to any time on or after 1st September 1999, means a community, foundation or voluntary school or a community special or foundation special school;

“NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the level of attainment which they have achieved in English, Welsh, science or mathematics, being tests laid down in provisions made by the Secretary of State or the Assembly under the appropriate order made under section 356(2) of the 1996 Act in force when those tests are administered(3);

NVQ” means National Vocational Qualification;

“performance targets” means the targets which schools' governing bodies are required to set by virtue of regulations 4, 5 and 6;

“previous school year” means the school year immediately preceding the school year in question;

“pupils' attainment results” has the meaning specified in regulation 9(3);

“relevant school year” in relation to a school means the school year in relation to which the school’s annual report is published;

“school’s annual report” means the report to parents which the governing body of a school are required to prepare and publish for every school year by virtue of the school’s Articles of Government or of section 42 of the 1998 Act(4);

“Schools' Census enumeration date” means the date by reference to which the Secretary of State or the Assembly annually requires information to be provided relating to maintained schools pursuant to section 29(1) of the 1996 Act;

“school year” means a period of twelve months beginning on 1st September;

“school year in question” in relation to the setting of any target means the school year in which that target is being set;

“school year next but one” means the school year beginning 2 years after the beginning of the school year in question;

“school year next but two” means the school year beginning 3 years after the beginning of the school year in question;

“second key stage pupils” means pupils who are in the second key stage referred to in section 355(1)(b) of the 1996 Act;

“third key stage pupils” means pupils who are in the third key stage referred to in section 355(1)(c) of the 1996 Act;

“unauthorised absence targets” means the targets which schools' governing bodies are required to set by virtue of regulation 7;

“vocational qualification” means–

(a)

a Part One GNVQ,

(b)

an Intermediate GNVQ,

(c)

a Foundation GNVQ,

(d)

a GNVQ Language Unit, or

(e)

an NVQ

approved under section 400 of the 1996 Act or section 37 of the 1997 Act.

(2) Any reference in these regulations to a pupil achieving or being awarded–

(a)a grade in a GCSE examination,

(b)a vocational qualification, or

(c)a grade in a GCSE short course examination,

by the end of any school year, shall be construed for the purposes of these regulations as a reference to that pupil achieving or being awarded that grade or qualification in the school year in which he–

(i)takes that examination, or

(ii)(as the case may be) completes the course leading to the award of that qualification,

and irrespective of whether the decision to award the grade or qualification is made in a later school year.

(2)

The National Assembly for Wales was established by section 1 of the Government of Wales Act 1998 (c. 38). All the functions of the Secretary of State relevant to these Regulations are transferred to the Assembly by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) with effect from 1st July 1999. Accordingly, in relation to Wales, references to the Secretary of State in the relevant sections of and Schedules to the Education Act 1996, the Education Act 1997 and the School Standards and Framework Act 1998 are to be construed as being, or including, a reference to the Assembly see section 43 of the Government of Wales Act 1998.

(3)

The appropriate orders currently in force are the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 2) (Wales) Order 1997 (S.I. 1997/2009), as amended by S.I. 1998/1977, and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (Wales) Order 1997 (S.I. 1997/2010), as amended by S.I. 1998/1976.

(4)

Section 42 of the School Standards and Framework Act 1998 (c. 31) is not yet in force.

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