The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020

Amendment of the Education (Pupil Information) (England) Regulations 2005

5.—(1) The Education (Pupil Information) (England) Regulations 2005(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) omit the definition of “assessment”;

(b) in the definition of “the associated document”, for “(other than the P Scale Document)” substitute “(other than the pre-key stage standards document for key stage 1, the pre-key stage standards document for key stage 2 and the engagement model)”;

(c) after the definition of “Departmental number” insert—

““the engagement model” means the document published by the Department for Education on 23rd July 2020 entitled “The engagement model”;”;

(d) after the definition of “NC test tiers” insert—

““the pre-key stage standards document for key stage 1” means the document published by the Department for Education on 23rd July 2020 entitled “Pre-key stage 1: pupils working below the national curriculum assessment standard”, and “the pre-key stage standards for key stage 1” means the standards set out in that document;

“the pre-key stage standards document for key stage 2” means the document published by the Department for Education on 23rd July 2020 entitled “Pre-key stage 2: pupils working below the national curriculum assessment standard”, and “the pre-key stage standards for key stage 2” means the standards set out in that document;”;

(e) omit the definitions of the following—

(i) “P Scales of attainment”;

(ii) “P Scale attainment targets”;

(iii) “P Scale Document”;

(f) after the definition of “the QCDA” insert—

““the relevant key stage” means—

(a)

the first key stage, where section 82(1)(a) of the 2002 Act applies to a pupil;

(b)

the second key stage, where section 82(1)(b) of the 2002 Act applies to a pupil;”.

(3) In Schedule 1 (information to be included in the head teacher’s annual report)—

(a) in paragraph 2(1) omit “Subject to sub-paragraphs (2) and (3)”;

(b) after paragraph 2(1) insert—

“(1A) Sub-paragraph (1) is subject to—

(a) until 31st August 2021, sub-paragraphs (2) and (2A); and

(b) on and after 1st September 2021, sub-paragraphs (2), (2A) and (2B).”;

(c) for paragraph 2(2) substitute—

“(2) In the case of a pupil with special educational needs in the first key stage who—

(a) is working at a standard below the NC standards of attainment for the first key stage; and

(b) is engaged in the study of English reading, English writing or mathematics,

in addition to the information specified in sub-paragraph (1), the further information that must be included in the report at the end of the first key stage is the pre-key stage standards for key stage 1 achieved by any such pupil in each subject referred to in paragraph (b) that that pupil is studying.

(2A) In the case of a pupil with special educational needs in the second key stage who—

(a) is working at a standard below the NC standards of attainment for the second key stage; and

(b) is engaged in the study of English reading, English writing or mathematics,

in addition to the information specified in sub-paragraph (1), the further information that must be included in the report at the end of the second key stage is the pre-key stage standards for key stage 2 achieved by any such pupil in each subject referred to in paragraph (b) that that pupil is studying.

(2B) In the case of a pupil with special educational needs in the relevant key stage who—

(a) is working at a standard below the NC standards of attainment for the relevant key stage; and

(b) is not engaged in the study of English reading, English writing or mathematics,

in addition to the information specified in sub-paragraph (1), the further information that must be included in the report at the end of the relevant key stage is a qualitative narrative commentary of the pupil’s achievements and progress in the areas of engagement identified in the engagement model.”;

(d) in paragraph 3, after the definition of “comparative information” insert—

““qualitative narrative commentary” means a brief account of the pupil’s achievements and progress individually, and in relation to the progress of other pupils in the same year, which draws attention to any particular strengths and weaknesses of the pupil.”.

(4) In Schedule 2 (information forming part of the common transfer file)—

(a) in paragraph 6—

(i) in sub-paragraph (1), for “sub-paragraphs (2) and (3)” substitute “sub-paragraphs (2) to (5)”;

(ii) for sub-paragraph (3) substitute—

“(3) In the case of a pupil with special educational needs in the first key stage who—

(a) is working at a standard below the NC standards of attainment for the first key stage; and

(b) is engaged in the study of English reading, English writing or mathematics,

the pupil’s cumulative achievements in education at the end of the first key stage are the pre-key stage standards for key stage 1 achieved in each subject referred to in paragraph (b) that that pupil is studying.

(4) In the case of a pupil with special educational needs in the second key stage who—

(a) is working at a standard below the NC standards of attainment for the second key stage; and

(b) is engaged in the study of English reading, English writing or mathematics,

the pupil’s cumulative achievements in education at the end of the second key stage are the pre-key stage standards for key stage 2 achieved in each subject referred to in paragraph (b) that that pupil is studying.

(5) Sub-paragraphs (1) to (4) of this paragraph do not apply in the case of a pupil with special educational needs in the relevant key stage who—

(a) is working at a standard below the NC standards of attainment for the relevant key stage; and

(b) is not engaged in the study of English reading, English writing or mathematics.”;

(b) after paragraph 6 insert—

“7.   In the case of a pupil with special educational needs in the relevant key stage who—

(a) is working at a standard below the NC standards of attainment for the relevant key stage; and

(b) is not engaged in the study of English reading, English writing or mathematics,

whether the engagement model is being used for the purposes of specifying the achievements and progress of that pupil in the areas of engagement identified in the engagement model at the end of the relevant key stage.”.

(1)

S.I. 2005/1437; relevant amending instruments are S.I. 2007/3224, 2008/1747, 2010/677 and 1836, 2012/765, 2013/3212, 2015/902, 2018/688, 2019/959 and 2020/599.