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3. In regulation 2(1) (Interpretation)—
(a)before “GCE AS level” insert—
““fourth key stage” has the same meaning as in section 82(1)(d) of the 2002 Act(1);”;
(b)before “level 2 threshold” insert—
““level” means any level of the National Curriculum attainment targets as specified in an order made or having effect as if made by the Secretary of State under section 87(3)(a) of the 2002 Act(2) and “level 4” and “level 5” are construed accordingly;”;
(c)before “second key stage pupils” insert—
““persistently absent” means absent for any reason or combination of reasons for a number of sessions that totals at least twenty percent of the national average of sessions available in the statistical reporting period;”;
(d)after the definition of “second key stage pupils” insert—
““statistical reporting period” means that part of the school year for which schools are required by the local education authority to return absence data to the Secretary of State in the school census, and in this definition, “school census” means the arrangement (known by that name) under which the Secretary of State collects information about schools each year;”;
(e)omit the definition of “teacher assessment”;
(f)omit the definitions of “level 4” and “level 5”.
The Education Act 2002 (c. 32).
Some extant orders were made under section 356 of the Education Act 1996 (c. 56) which has subsequently been repealed and these Orders have effect as if they were made under the 2002 Act.
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