The Education (School Performance Information) (Wales) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations, made under sections 29(3), 408, 537, 537A(1) and (2) and 569(4) and (5) of the Education Act 1996, apply in relation to schools in Wales. They consolidate, with amendments, the Education (School Performance Information) (Wales) Regulations 1998, as amended, which are revoked.

The Regulations relate to the collection of information about the performance of schools.

Part 1 of the Regulations comprises general provisions.

Part 2 imposes duties on head teachers of maintained schools to make available information to governing bodies for the purpose of enabling them to comply with their obligations under these Regulations (regulation 5).

Part 3 contains detailed provisions relating to the provision of information to the National Assembly for Wales and to local education authorities.

Governing bodies of maintained schools must provide local education authorities with information about first key stage assessment results (regulation 6 and Schedule 1).

The local education authority must provide the National Assembly for Wales with information about first key stage assessment results on all registered pupils in the first key stage at the schools maintained by the authority (regulation 7 and Schedule 1).

Governing bodies of maintained schools and proprietors of non-maintained special schools and independent schools with pupils aged 15, 16, 17 or 18 must provide the National Assembly for Wales with specified information about their results (regulation 8 and Schedule 2).

Governing bodies of maintained schools and the proprietors of independent and non-maintained special schools must provide the National Assembly for Wales with information about authorised and unauthorised absences (regulation 9).

Part 4 requires governing bodies of maintained schools to provide, respectively, the National Data Collection Agency (a body which collates information about pupils' National Curriculum assessment results) and the external marking agency (a body which marks pupils' responses to National Curriculum tests) with individual pupil information relating to pupils who are eligible for assessment in the second or third key stage (regulations 10 and 11 and Schedule 3).