The Education (School Performance Targets) (England) Regulations 2004

Publication of performance information

9.—(1) Subject to paragraphs (2) to (4), the governing body of every school to which regulation 3, 4, 5 or 6 applies shall publish in the school’s annual report for every school year the information about—

(a) performance targets, and

(b) pupils' attainment results,

specified in Schedule 1.

(2) In relation to a school to which regulation 3 applies, paragraph (1) shall not require—

(a) the publication of information about performance targets in relation to any school year where, at the time when the governing body’s duty to set such targets for that year arose, the relevant group of second key stage pupils (as defined in regulation 3) consisted of ten or fewer persons; or

(b) the publication of any information about pupils' attainment results in relation to any school year where the total number of persons who, in that year, were—

(i) registered pupils, and

(ii) at or near the end of the final year of the second key stage,

did not exceed ten.

(3) In relation to a school to which regulation 4 applies, paragraph (1) shall not require—

(a) the publication of information about performance targets in relation to any school year where, at the time when the governing body’s duty to set such targets for that year arose, the relevant group of third key stage pupils (as defined in regulation 4) consisted of ten or fewer persons; or

(b) the publication of any information about pupils' attainment results in relation to any school year where the total number of persons who, in that year, were—

(i) registered pupils, and

(ii) at or near the end of final year of the third key stage,

did not exceed ten.

(4) Paragraph (1) shall not require the governing body to publish information relating to any amendments to performance targets made for the school year 2004-2005 under regulation 7(2).

(5) In relation to a school to which regulation 5 applies, paragraph (1) shall not require—

(a) the publication of information about performance targets in relation to any school year where, at the time when the governing body’s duty to set such targets for that year arose, the relevant group of pupils aged 15 (as defined in regulation 5) consisted of ten or fewer persons; or

(b) the publication of any information about pupils' attainment results in relation to any school year in which the total number of pupils aged 15 did not exceed ten.

(6) Paragraph (1) shall not require the governing body to publish information relating to any amendments to performance targets made for the school year 2004-2005 under regulation 7(3).

(7) “Pupils' attainment results”, in relation to any school year, means, subject to paragraph (8)—

(a) in relation to a school to which regulation 3 applies—

(i) the percentage of registered pupils at or near the end of the final year of the second key stage who achieved level 4 or above in NC tests in English; and

(ii) the percentage of registered pupils at or near the end of the final year of the second key stage who achieved level 4 or above in NC tests in mathematics; and

(b) in relation to a school to which regulation 4 applies—

(i) the percentage of registered pupils at or near the end of the final year of the third key stage who achieved level 5 or above in NC tests in English;

(ii) the percentage of registered pupils at or near the end of the final year of the third key stage who achieved level 5 or above in NC tests in mathematics;

(iii) the percentage of registered pupils at or near the end of the final year of the third key stage who achieved level 5 or above in NC tests in science; and

(iv) the percentage of registered pupils at or near the end of the final year of the third key stage who achieved level 5 or above in teacher assessments of information and communication technology; and

(c) in relation to a school to which regulation 5 applies—

(i) the percentage of pupils aged 15 who achieved the level 2 threshold in approved qualifications;

(ii) the average point score per pupil achieved by the relevant group of pupils aged 15 in approved qualifications,

by the end of that year.

(8) Where regulation 6 applies, “pupils' attainment results” in relation to any school year means the pupils' results in relation to the targets set under that regulation.

(9) For the purposes of this regulation, questions as to the points allocated to each approved qualification award for the purposes of calculating the average point score shall be determined in accordance with the database of accredited qualifications as published by the Qualifications and Curriculum Authority.

(10) In paragraphs (5)(b) and (7)(c), “pupils aged 15”, in relation to a school and any school year, means persons who—

(a) are registered pupils at the school on the third Thursday in January, and

(b) attained the age of 15 during the period of twelve months ending on the 31st August immediately preceding that day.