Statutory Instrument 1998 No. 2526

The Education (School Information) (England) Regulations 1998

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STATUTORY INSTRUMENTS

1998 No. 2526
EDUCATION, ENGLAND AND WALES
The Education (School Information) (England) Regulations 1998

	Made	14th October 1998
	Laid before Parliament	14th October 1998
	Coming into force	5th November 1998

In exercise of the powers conferred on the Secretary of State by sections 29(5), 408, 414(6) and (9), 509(6), 537, 539 and 569(4) and (5) of the Education Act 1996[1], and after consulting with those persons with whom consultation appeared to him to be desirable, the Secretary of State for Education and Employment hereby makes the following Regulations:

PART I
GENERAL
Citation, commencement and application
     1. - (1) These Regulations may be cited as the Education (School Information) (England) Regulations 1998 and shall come into force on 5th November 1998.

    (2) These Regulations apply in relation to maintained schools in England.

Revocation
     2. The Education (School Information) (England) Regulations 1996[2] are hereby revoked.

Interpretation
     3. - (1) In these Regulations, unless the context otherwise requires -

"the 1996 Act" means the Education Act 1996;

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

"assess" means assess pursuant to orders made under section 356(2)(c) of the 1996 Act[

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

"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 examinations respectively;

"GCSE" means General Certificate of Secondary Education;

"GNVQ" means a General National Vocational Qualification;

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

"maintained school" means:

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;

"non-maintained special school" means a special school which is neither maintained by an authority nor a grant-maintained special school (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;

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

"relevant authority", in relation to a county or voluntary school or a special school maintained by an authority which is not established in a hospital, means the authority by which the school is maintained and, in relation to a grant-maintained school or a grant-maintained special school which is not established in a hospital, means the authority in whose area the school is situated;

"reporting school year" means the school year immediately preceding the publication school year;

"school prospectus" means the document described in regulation 11;

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

"special school" has the meaning assigned to it by section 337(1) of the 1996 Act;

"the statutory arrangements" means assessment arrangements specified by orders made under section 356(2)(c) of the 1996 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; 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, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to a regulation in, or a Schedule to, these Regulations so numbered and any reference to a paragraph is to a paragraph of the regulation or Schedule in which the reference is made and, any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made.

    (3) 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 411(1) of the 1996 Act, a parent wishing education to be provided for his child in the exercise of the authority's functions should express such a preference.

    (4) In these Regulations, unless the context otherwise requires, a reference to publication by the governing body of a school includes a reference to publication on behalf of the governing body by the relevant authority by virtue of section 414(8) of the 1996 Act.

    (5) 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 355(1) of the 1996 Act.

    (6) In these Regulations, unless the context otherwise requires, references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st 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.

    (7) In these Regulations -

    (8) 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.

    (9) 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 governing bodies and authorities by virtue of these Regulations in respect of provision, publication or making available of 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 II
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 2.

PART III
INFORMATION TO BE PUBLISHED OR PROVIDED BY AUTHORITIES
General information to be published by authorities
     6. - (1) An authority shall publish with respect to its policy and arrangements in respect of primary and secondary education (including such education provided in a middle school) in its area 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) This information shall be published as provided in regulation 7.

Time and manner of publication by authorities of general information and particulars of school admission arrangements and related matters.
     7. - (1) This regulation shall apply in relation to the publication by an authority of -

(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 (9), such information and particulars shall be published -

(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 -

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) It shall be a sufficient compliance with paragraph (3)(a)(ii) if so much of the information and particulars as relates to schools classified as -

(irrespective of the terminology used) is available only in schools of the classification in question.

(6) It shall be a 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.

(7) So far as the particulars specified in Part II of Schedule 1 are concerned (special educational provision), paragraphs (3), (4), (5) and (6) shall not apply but the particulars shall be published -

    (8) Without prejudice to the foregoing provisions of this regulation, such particulars of the arrangements made by the relevant authority under section 423(1) of the 1996 Act (appeals against admission decisions) and mentioned in section 414(1)(c) of that Act shall also be published by being set out in any document containing a notification to parents of a decision referred to in section 423(1) of that Act refusing their child admission to a school for which the parents have expressed a preference in accordance with arrangements made under section 411(1) of that Act.

    (9) Information about the matters mentioned in paragraphs 7(2) and 18 of Schedule 1 (transport arrangements and policies) shall also be published by copies being distributed without charge to institutions within the further education sector or at which a further education funding council has secured provision which (in either case) the authority consider students resident within its area may wish to attend.

    (10) The particulars referred to in paragraph (1)(c) shall be supplied to the authority by the governing body and shall be published without material alteration.

PART IV
INFORMATION TO BE PUBLISHED BY GOVERNING BODIES
General information to be published by governing bodies
     8. - (1) Subject to regulation 9, the governing body of a maintained school shall publish as respects that school the information specified in Schedule 2.

    (2) Subject to regulation 9, this information shall be published as provided in regulation 11.

Determination of examination results particulars and equivalency between GCSE examinations and vocational qualifications
     9. - (1) The provisions of this regulation have effect for the purpose of determining the information specified in Schedule 2.

    (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, or in different school years which are treated as the same school year by virtue of regulation 3(9), 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 2, 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 2, questions as to -

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 grade 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 -

(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:

GCE 'A' level: grade A=10 points; grade B=8 points; grade C=6 points; grade D=4 points; and grade E=2 points;

GCE 'AS': grade A=5 points; grade B=4 points; grade C=3 points; grade D=2 points; and grade E=1 point.

Notes:

[1] 1996 c.56; section 408(2)(d) is amended (as from 1st October 1998) by paragraph 106(b) of Schedule 30 to the School Standards and Framework Act 1998 (c.31); section 408 applies in relation to grant-maintained special schools not established in a hospital and their governing bodies by virtue of S.I. 1994/653. By the same S.I., section 537(7) is applied in relation to grant-maintained special schools and their governing bodies. Section 539 applies to the governing body of a grant-maintained special school by virtue of S.I. 1994/1048. S.I. 1994/653 and 1994/1048 continue to have effect by virtue of paragraph 1 of Schedule 39 to the Education Act 1996, which continues the effect of subordinate legislation made under provisions repealed and re-enacted by that Act. For the meaning of "prescribed" and "regulations" see section 579(1) of that Act.back

[2] S.I. 1996/2585.back

[3] The orders currently in force are the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995, S.I. 1995/2071 as amended by S.I. 1996/2114 and 1997/1931; the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1995, S.I. 1995/2072 as amended by S.I. 1996/2115; and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1996, S.I. 1996/2116.back

[4] The relevant orders for the first and second key stages are S.I. 1995/51 (English), 1995/52 (mathematics) and 1995/53 (science) and the relevant orders for the third key stage are those orders and in addition S.I. 1995/57 (modern foreign languages), 1998/1986 (technology), 1998/1987 (physical education), 1998/1988 (history), 1998/1989 (geography), 1998/1990 (art), and 1998/1991 (music). The last six mentioned S.I. apply from 1st September 1998, replacing, respectively, S.I. 1995/56, 1995/60, 1995/54, 1995/55, 1995/58 and 1995/59.back

[5] S.I. 1995/2071, amended by S.I. 1996/2114 and 1997/1931.back

[6] S.I. 1995/2072 as amended by S.I. 1996/2115.back

[7] S.I. 1996/2116.back

[8] The current regulations are the Education (Prescribed Public Examinations) Regulations 1989 (S.I. 1989/377).back

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Prepared 10 November 1998