The Education (School Information) (England) Regulations 2002

PART 1 General

Citation and commencement

l.—(1) These Regulations may be cited as the Education (School Information) (England) Regulations 2002 and shall come into force on 20th January 2003.

(2) These Regulations apply only in relation to England.

Revocation and Savings

2.—(1) Subject to paragraph (2), the Education (School Information) (England) Regulations 1998(1), the Education (School Information) (England) (Amendment) Regulations 1999(2) and the Education (School Information) (England) (Amendment) Regulations 2002(3) are hereby revoked.

(2) The Regulations revoked by paragraph (1) shall continue to have effect in relation to the publication school year ending in 2003 and nothing in these Regulations shall have effect in relation to that publication school year.

Interpretation

3.—(1) In these Regulations—

“the 1996 Act” means the Education Act 1996;

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

“the 2000 Act” means the Learning and Skills Act 2000(4);

“the 2002 Act” means the Education Act 2002(5);

“admission number” means the number of pupils in any relevant age group intended to be admitted in any school year as determined by an admission authority in accordance with section 89A(1) of the 1998 Act(6);

“admission school year” means a school year at the beginning of which pupils are to be admitted to any school;

“appropriate relevant area” means any relevant area (within the meaning of section 89(3) of the 1998 Act) that applies for consultation about the proposed admission arrangements for a school maintained by the relevant authority;

“assess” means assess pursuant to orders made under section 87(3)(c) of the 2002 Act and “assessment” shall be construed accordingly;

“associated documents” means the documents published by the Stationery Office, setting out any levels of attainment and attainment targets in relation to the core subjects, which documents have effect by virtue of the respective orders made under section 87(2)(a) and (b) of the 2002 Act for those subjects for the time being in force;

“authority” means a local education authority and, in relation to an authority, “the offices” means the education offices;

“composite prospectus” means a composite document required to be published by regulation 8;

“core subjects” means English, mathematics and science;

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

“GCSE” means General Certificate of Secondary Education;

“GNVQ” means a General National Vocational Qualification;

“indicated admission number” means the number of pupils in any relevant age group referred to as such in, and determined in accordance with the net capacity assessment method set out in, the guidance, Assessing the Net Capacity of Schools, issued by the Department for Education and Skills in August 2002(7);

“IT Key Skills Unit” means a qualification known as such and approved by the Secretary of State under section 98 of the 2000 Act for the purpose of section 96 of that Act;

“local average figures” means the average figures for all schools maintained by the relevant authority (other than any special school established in a hospital), and all city technology colleges and city colleges for the technology of the arts and Academies, in the area of that relevant authority;

“looked after children” has the same meaning as in section 22 of the Children Act 1989(8);

“maintained school” except in Part 4 means—

(a)

any community, foundation or voluntary school, or

(b)

any community or foundation special school which is not established in a hospital, but excludes any nursery school;

“national average figures” means the average figures for all schools in England;

“national summary figures” means the summary figures in respect of National Curriculum assessments of pupils for all schools in England;

“NC tasks” means National Curriculum standard tasks administered to pupils in the final year of the first key stage pursuant to article 5 of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 1999(9);

“NC tests” means National Curriculum tests administered to pupils in, as the case may be, the final year of the second key stage or the final year of the third key stage pursuant to, respectively, article 5 of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 1999(10) and article 10 of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1999(11);

“non-maintained special school” means a special school which is not maintained by an authority (and which is not established in a hospital);

“previous school year” means the school year immediately preceding the reporting school year;

“publication school year” means the school year immediately preceding the admission school year;

“public examinations” means public examinations which are for the time being prescribed by regulations made under sections 402, 451, 453 and 454 of the 1996 Act;

“primary education” does not include such education provided at a middle school;

“relevant authority” in relation to a school means the authority which maintains the school;

“reporting school year” means the school year immediately preceding the publication school year;

“school prospectus” means the document described in regulation 14;

“special educational needs” and “special educational provision” have the same meanings as in section 312 of the 1996 Act;

“special school” has the meaning given to it by section 337(1) of the 1996 Act;

“the statutory arrangements” means assessment arrangements specified by orders made under section 87(3)(c) of the 2002 Act;

“teacher assessment” means assessment of a pupil by a teacher as specified in the statutory arrangements;

“unit” in relation to a vocational qualification, means a module or part of a course leading to that qualification which, when successfully completed, can be counted together with other modules or parts towards obtaining that qualification;

“VCE” means a vocational certificate of education known as such and accredited by the Qualifications and Curriculum Authority in accordance with its functions set out in section 24(2) of the Education Act 1997(12);

“vocationally related qualification” means a qualification known as such and accredited by the Qualifications and Curriculum Authority in accordance with its functions set out in section 24(2) of the Education Act 1997; and

references to levels and attainment targets are references to, respectively, the levels of attainment of the National Curriculum level scale and attainment targets set out in the associated documents.

(2) In these Regulations, any reference to a date up to which parents may express a preference for a school is a reference to the date by which, in accordance with arrangements made by the relevant local education authority under section 86(1) of the 1998 Act, a parent wishing education to be provided for his child in the exercise of the authority’s functions should express such a preference.

(3) In these Regulations, references to the first key stage, the second key stage, the third key stage and the fourth key stage are references to the periods set out in paragraphs (a) to (d) of section 82(1) of the 2002 Act.

(4) In these Regulations, references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 3lst August immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year.

(5) In these Regulations—

(a) except where otherwise provided, where a percentage which is required to be calculated by virtue of these Regulations is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number;

(b) where an average point score which is required to be calculated by virtue of these Regulations is not a whole number, it shall be calculated to one decimal place.

(6) 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 1996 Act.

(7) For the purposes of these Regulations, any examination for the GCSE for which a pupil aged 15 was entered during the previous school year or any earlier school year shall be treated as such an examination for which the pupil was entered during the reporting school year.

Qualification of duties

4.  The duties imposed on a governing body and an authority by virtue of these Regulations in respect of provision, publication or making available information apply only to the extent that that information is available to the governing body or the authority in time for it to be reasonably practicable to provide, publish or make available the information before the latest occasion on which the information is required to be provided, published or made available as the case may be.

PART 2 Provision of Information by Head Teacher

Provision of information by head teacher to governing body

5.  For the purpose of enabling the governing body to comply with their obligations under these Regulations, the head teacher of every maintained school shall make available to the governing body information about the matters mentioned in Schedule 3.

PART 3 Information to be Published or Provided by Authorities

Information to be published by authorities

6.—(1) An authority shall publish information in respect of each of the matters specified in Schedule 1.

(2) Where changes in respect of any of those matters have been decided on by the authority but not yet implemented, the authority shall also publish information about those changes.

(3) Subject to paragraph (4), an authority may, by agreement with the governing body of a foundation or voluntary aided school, publish the information specified in paragraphs 3 and 5 of Schedule 3 relating to that category of school on behalf of the governing body.

(4) Where it is agreed that the authority should publish information on behalf of the governing body, that information shall be provided by the governing body and shall be published without material alteration.

(5) This information shall be published as provided in regulation 7.

Time and manner of publication of information by authorities

7.—(1) This regulation shall apply in relation to the publication by an authority of the information in respect of the matters specified in Schedule 1.

(2) Such information and particulars shall be published during the publication school year and, except in so far as they relate exclusively to primary education or special educational provision, they shall be published no later than six weeks before the date up to which parents may express a preference for a school in respect of the admission school year.

(3) Subject to paragraphs (4) to (8), such information and particulars shall be published—

(a) by copies being made available for distribution without charge to parents on request, and for reference by parents and other persons—

(i) at the office of the relevant authority, and

(ii) at every school maintained by that authority, other than a nursery school or a special school;

(b) by copies being distributed without charge to parents of pupils at schools maintained by the relevant authority, other than nursery schools or special schools, who, in the publication school year, are in the final year at such schools and who might transfer to other schools so maintained; and

(c) by copies being made available for reference by parents and other persons at the public libraries in the area of the relevant authority.

(4) So far as the information in respect of the matters specified in paragraphs 3, 4 and 5 of Schedule 1 is concerned (schools maintained by the authority), the information in respect of schools in a particular part of the relevant local education authority’s area need not—

(a) be made available at offices, schools and libraries outside that part, or

(b) be distributed to the parents of pupils who are at schools outside that part,

if information about how it may be obtained is available at those offices, schools and libraries or, as the case may be, is distributed to those parents.

(5) Where, in accordance with regulation 8, the authority publishes the information specified in paragraphs 1, 2 and 5 of Schedule 2, the authority shall not also be required, under this regulation, to publish the same information as specified in paragraphs 3, 4 and 5 of Schedule 1.

(6) Irrespective of the terminology used, it shall be sufficient compliance with paragraph (3)(a)(ii) if so much of the information and particulars as relates to schools classified as—

(a) primary schools,

(b) middle schools,

(c) secondary schools,

is available only in schools of the classification in question.

(7) It shall be sufficient compliance with paragraph (3)(b) if there is published so much of the information and particulars as is relevant having regard to the schools to which pupils in the final year at that school might transfer.

(8) So far as the particulars specified in Part 2 of Schedule 1 are concerned (special educational provision), paragraphs (3), (4), (6) and (7) shall not apply but the particulars shall be published—

(a) by copies being made available for distribution without charge to parents on request and, for reference by parents and other persons, at the offices of the relevant authority; and

(b) by copies being available for reference by parents and other persons—

(i) at every school maintained by the relevant authority, and

(ii) at the public libraries in the area of that authority.

PART 4 Composite Prospectus of Admission Information

Authority to publish composite prospectuses

8.—(1) The provisions of this Part apply in relation to maintained schools (as defined by section 84(6) of the 1998 Act).

(2) An authority shall publish in a composite document the information specified in Schedule 2, with respect to all maintained schools in the composite prospectus area.

(3) For the purposes of this regulation, “the composite prospectus area” comprises—

(a) the relevant authority’s area; and

(b) all such parts of the appropriate relevant area or appropriate relevant areas as extend beyond that authority’s area.

(4) An authority may, if they wish, carry out their obligation under paragraph (2) in either or both of the following ways—

(a) by publishing separate composite prospectuses covering respectively primary schools and secondary schools; and

(b) by dividing the composite prospectus area into two or more parts and publishing a separate composite prospectus covering respectively schools in each part.

Time and manner of publication of composite prospectus

9.—(1) A composite prospectus shall be published annually and before 1st October in each publication school year, and in any event no later than six weeks before the date up to which parents may express a preference in respect of the admission school year for any school mentioned in that prospectus.

(2) A composite prospectus shall be published—

(a) by copies being made available for distribution without charge to parents on request—

(i) at the offices of the authority who are publishing it, and

(ii) at every school maintained by that authority; and

(b) by copies being made available for reference by parents and other persons at the public libraries in that authority’s area.

Provision of information to the authority by governing bodies

10.—(1) For the purpose of enabling the authority to comply with their obligation under regulation 9, the governing body of every maintained school to be included in a composite prospectus under that regulation shall, in respect of each admission school year, provide to the relevant authority the information specified in Schedule 2 to these Regulations.

(2) The information referred to in Schedule 2 shall be provided no later than such time before the time required for publication of the prospectus as the authority may reasonably require.

PART 5 Information to be Published by Governing Bodies

General Information to be published by governing bodies

11.—(1) Subject to regulation 12, the governing body of a maintained school shall publish as respects that school the information specified in paragraphs 1 to 15 of Schedule 3.

(2) Subject to regulation 12, this information shall be published as provided in regulation 14.

Determination of examination results particulars and equivalency between GCSE examinations and vocational qualifications

12.—(1) The provisions of this regulation have effect for the purpose of determining the information specified in Schedule 3.

(2) Subject to paragraph (14), if a pupil has been entered for two or more examinations in the same subject in the same school year by virtue of regulation 3(7), only the examination in which he achieved the higher or highest grade shall be taken into account.

(3) In the case of an examination leading to the award of GCSE in two subjects, a pupil shall be included only once in the number of pupils entered for the examination and taken into account only once in calculating the relevant percentages, but each grade awarded to him shall be treated as having been awarded in a separate subject.

(4) In the case of any GCSE examination for which pupils aged 15 were entered, the information shall commence with the subjects listed in the first column of Schedule 4 in the order in which they are so listed.

(5) For the purposes of this regulation, any GCSE examination in a subject listed in the first column of Schedule 4 is not to be treated as such unless the examination is in a syllabus referred to in the second column opposite that subject.

(6) For the purposes of paragraph 12(1)(e) of Schedule 3, where a pupil is awarded a grade in an examination relating to a GCSE short course, he shall be treated as having achieved that grade in half a GCSE subject.

(7) For the purposes of paragraph 12(1)(e) and (2) of Schedule 3, questions as to—

(a) which vocational qualification award corresponds to which GCSE examination grade, and

(b) the equivalency between GCSE examination results and vocational qualifications,

shall be determined in accordance with paragraphs (8) to (13) below.

(8) Where a pupil is awarded a Part One GNVQ (Intermediate level), he shall be treated as having achieved A* to C in two GCSE subjects.

(9) Where a pupil is awarded a Part One GNVQ (Foundation level), he shall be treated as having achieved grade D to G in two GCSE subjects.

(10) Where a pupil is awarded an Intermediate GNVQ, he shall be treated as having achieved grade A* to C in four GCSE subjects.

(11) Where a pupil is awarded a Foundation GNVQ, he shall be treated as having achieved grade D to G in four GCSE subjects.

(12) Where a pupil is awarded a GNVQ Language Unit (Intermediate level), he shall be treated as having achieved grade A* to C in half a GCSE subject.

(13) Where a pupil is awarded a GNVQ Language Unit (Foundation level), he shall be treated as having achieved grade D to G in half a GCSE subject.

(14) In the case of a pupil who has been entered for both GCE ‘A’ level and GCE ‘AS’ examinations in the same subject—

(a) except in the circumstances described in sub-paragraph (b), only the GCE ‘A’ level examination result shall be taken into account;

(b) where the pupil fails to achieve a grade in the GCE ‘A’ level examination but achieves a grade between A and E inclusive in the GCE ‘AS’ examination, only the GCE ‘AS’ examination result shall be taken into account.

(15) Subject to paragraph (14), in calculating the number of GCE ‘A’ levels a pupil is entered for, one GCE ‘AS’ shall be treated as the equivalent of half a GCE ‘A’ level.

(16) Subject to paragraph (14), for the purpose of determining point scores in GCE ‘A’ level and GCE ‘AS’ examinations, the following grades of achievement equate to the following points, namely:

• VCE ‘A’ level double award: grade AA = 240 points; grade AB = 220 points; grade BB =200 points; grade BC = 180 points; grade CC = 160 points; grade CD = 140 points; grade DD = 120 points; grade DE = 100 points, and grade EE = 80 points;

• GCE/VCE ‘A’ level: grade A = 120 points; grade B = 100 points; grade C = 80 points; grade D = 60 points; and grade E = 40 points;

• GCE/VCE ‘AS’ level: grade A = 60 points; grade B = 50 points; grade C = 40 points; grade D = 30 points; and grade E = 20 points.

Performance information relating to the reporting school year

13.—(1) This regulation applies where the information relating to the results of assessment, public examination results, vocational qualifications and units and school attendance referred to in paragraphs 9, 10, 11, 12, 13 and 15 of Schedule 3 for assessments undertaken, examinations held, qualifications achieved in, or attendance, during the reporting school year, is not available in time for it to be reasonably practicable to publish the information in accordance with regulation 14.

(2) Where this regulation applies, the governing body shall, as soon as practicable after the information in question for the reporting school year is made available to them, and in any event not later than two weeks before the earlier of the two dates referred to in regulation 14(3), publish that information as a supplement to the school prospectus in the manner required by that regulation for the publication of the prospectus.

Publication of school prospectuses

14.—(1) This regulation applies to the publication by the governing body of a maintained school of information in relation to the school specified in Schedule 3.

(2) In the case of any maintained school—

(a) such information shall be published in a single document and be identified as the school prospectus and may be combined with any other document whose preparation by the governing body is required by or under any enactment; and

(b) copies shall be made available at the school for distribution without charge to parents on request and for reference by parents and other persons.

(3) The school prospectus shall be published during the publication school year and, except in the case of a special school, it shall be published not later than six weeks before whichever is the earlier of the following dates—

(a) the date by which an application for admission to that school in respect of the admission school year should be made in accordance with the arrangements for admission to that school;

(b) the date up to which parents may express a preference for a school in respect of the admission school year.

(4) In the case of a special school such information shall also be published by copies being made available at the offices of the relevant authority for distribution without charge to parents on request and reference by parents and other persons.

(5) In the case of any maintained secondary school, a copy of the school prospectus shall be provided without charge to the offices in the area served by the school of persons providing career services in accordance with arrangements made, or directions given, under section 10 of the Employment and Training Act 1973(13).

PART 6 Supplementary

Supplementary provisions relating to published documents

15.—(1) This regulation shall apply in relation to any document which contains such information or particulars as are mentioned in the preceding provisions of these Regulations and which is published in accordance with them.

(2) Such a document shall state the school year to which the information or particulars in it relate and contain a warning that, although they were correct in relation to that year at a date specified in the document (not being earlier than six months before that of its publication), it should not be assumed that there will be no change affecting the relevant arrangements or some matters particularised—

(a) before the start of, or during, the school year in question, or

(b) in relation to subsequent school years.

(3) If it appears requisite to the governing body in respect of such a document to be published by them or, as the case may be, an authority in respect of such a document to be published by them or on behalf of the governing body, that a translation of such a document in a language other than English should be available, or that a Braille or audio tape version of such a document should be available, it shall be translated into that language or produced in a Braille or audio tape version, as the case may be, and the document so translated or so produced shall be published in such manner as appears to the governing body or authority to be appropriate.

(4) Parents shall not be charged for a copy of such a translated document or such a document produced in a Braille or audio type version if they are entitled without charge to a copy of the original document.

David Miliband

Minister of State,

Department for Education and Skills

18th November 2002