Statutory Instrument 2000 No. 297

The Education (Pupil Information) (England) Regulations 2000

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© Crown Copyright 2000

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"external marking agency" means a body nominated by the Qualifications and Curriculum Authority[2](or by any successor body to that Authority) and approved by the Secretary of State to mark NC tests;

"foundation subjects" means art, geography, history, a modern foreign language, music, physical education, technology and any core subject;

"GCE 'A' level examinations" and "GCE 'AS' examinations" mean General Certificate of Education advanced level examinations and General Certficate of Education advanced supplementary examinations respectively;

"GCSE" means the General Certificate of Secondary Education;

"IB" means the International Baccalaureate Diploma;

"institution of further or higher education" means any institution falling within sub-section (10) of section 218 of the Education Reform Act 1988[3];

"key stage" means any of the periods set out in paragraphs (a) to (d) respectively of section 355(1) of the Act, and a reference to the first, second, third or fourth key stage is a reference to the periods set out respectively in the said paragraphs (a) to (d);

"maintained school" means a community, foundation or voluntary school or a community or foundation special school other than such a school which is established in a hospital;

"NC tasks" means National Curriculum standard tasks administered to pupils pursuant to the Education (National Curriculum) Key State 1 Assessment Arrangements) (England) Order 1999[4];

"NC tests" means National Curriculum tests administered to pupils to assess the level of attainment which they have achieved in any core subject being tests laid down in provisions made by The Secretary of State under orders made under section 356(2)(c) of the Act which have been published by the Stationery Office;

"responsible person" means - 

(a) the head teacher of an independent school; or

(b) the governing body of any other school, or

(c) the person responsible for the conduct of any institution of further or higher education or other place of education or training to which a pupil transfers or may transfer;

"section 356(2)(a) and (b) orders" means orders made under section 356(2)(a) and (b) of the Act specifying attainment targets and programmes of study;

"school day" means a day on which the school meets;

"stage of SEN" means the stage of special educational needs as described in the Code of Practice on the Identification and Assessment of Special Educational Needs issued, and from time to time revised, under section 313 of the Act[5];

"the statutory arrangements" means assessment arrangements specified by orders made under section 356(2)(c) of the Act;

"teacher assessment" means assessment of a pupil's level of attainment in an attainment target or foundation subject by the pupil's teacher as specified in the statutory arrangements;

"unique pupil number" means a combination of numbers which together with a letter or letters are allocated to a pupil and are particular to him, by use of a formula determined by the Department for Education and Employment.

"vocational qualification" includes a credit towards such a qualification;

"the 1999 (Key Stage 1) Order" means the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 1999[6];

"the 1999 (Key Stage 2) Order" means the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 1999[7]; and

"the 1999 (Key Stage 3) Order" means the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1999[8].

    (2) In these Regulations references to levels, attainment targets and end of key stage descriptions are references to, respectively, the levels of attainment, attainment targets and end of key stage descriptions set out in the associated documents.

    (3) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.

Meaning of educational record
     3.  - (1) In these Regulations "educational record" means any record of information which - 

(a) is processed by or on behalf of the governing body of, or a teacher at, any school specified in paragraph (2);

(b) relates to any person who is or has been a pupil at the school; and

(c) originated from or was supplied by or on behalf of any of the persons specified in paragraph (3),

other than information which is processed by a teacher solely for the teacher's own use.

    (2) The schools referred to in paragraph (1)(a) are - 

(a) a school maintained by a local education authority; and

(b) a special school which is not so maintained.

    (3) The persons referred to in paragraph (1)(c) are - 

(a) an employee of the local education authority which maintains the school;

(b) in the case of - 


(i) a voluntary aided, foundation or foundation special school; or

(ii) a special school which is not maintained by a local education authority,



a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services);

(c) the pupil to whom the record relates; and

(d) a parent of that pupil[9].

Duties of Head Teacher - Curricular Records
     4. The head teacher of every school maintained by a local education authority, except a nursery school, and of every special school not so maintained, shall keep a curricular record, updated at least once a year, in respect of every registered pupil at the school.

Duties of Head Teacher - Educational Records
     5.  - (1) Upon receiving a written request by a parent for disclosure of a pupil's educational record, the head teacher of a school maintained by a local education authority, except a nursery school, and of a special school not so maintained, shall, within fifteen school days, make it available for inspection, free of charge, to the parent.

    (2) Upon receiving a written request by a parent for a copy of a pupil's educational record, the head teacher shall, within fifteen school days, give the parent a copy of it on payment of such fee (not exceeding the cost of supply), if any, as the governing body may prescribe.

    (3) In every case where the pupil is under consideration for admission to another school (including an independent school) or to an institution of further or higher education, the head teacher shall transfer the pupil's curricular record to the responsible person, free of charge, if that person so requests, within fifteen school days of receiving the request. The record supplied shall not include the results of any assessment of the pupil's achievements.

    (4) When complying with a request for disclosure or a copy of a pupil's educational record under this regulation, a head teacher shall not disclose any documents which are subject to any order under section 30(2) of the Data Protection Act 1998[10].

Head Teacher's report to parents and adult pupils
     6.  - (1) The head teacher of every maintained school shall each school year make available in writing to the persons specified in paragraph (2) a report containing the information specified in paragraphs (4) to (6).

    (2) The persons are - 

(a) in the case of pupils registered at the school aged 18 or over at the time a report is sent and who are not proposing to leave school by the end of the school year to which the report relates, each such pupil and, if the head teacher considers there to be special circumstances which make it appropriate, the parent of each such pupil,

(b) subject to paragraph (3), in the case of all other pupils registered at the school, the parent of each such pupil;

    (3) Paragraph 2(b) does not apply to any pupil registered at the school who has ceased to be of compulsory school age and who is proposing to leave school or who has left the school (and in respect of whom the information in regulation 9 is to be made available to the pupil concerned).

    (4) The report shall contain the information about the educational achievements of the pupil to whom or to whose parent the report is sent and the other information relating to him specified - 

(a) as respects pupils in the final year of the first, second, third or fourth key stage, in Part 1 of Schedule 1;

(b) as respects pupils in any other year of a key stage, in Part 2 of Schedule 1;

(c) as respects pupils who have been entered for GCE 'A' level or GCE 'AS' examinations or IB or who have obtained a vocational qualification, in Part 3 of Schedule 1; and

(d) as respects all other pupils, in Part 4 of Schedule 1.

    (5) In the case of pupils registered at the school in the final year of the first, second or third key stage there shall be included in the report the information relating to the educational achievements of all other pupils in that key stage registered at the school who achievements were assessed at the same time as the pupil's achievements, and the other information relating to such pupils, specified in Schedule 2.

    (6) In the case of pupils registered at the school in the final year of the first, second or third key stage there shall be included in the report the information specified in paragraph 1, 2 or 3, as the case may be, of Schedule 3 relating to the educational achievements of all pupils at schools in England who were in the final year of that key stage in the preceding school year and whose achievements were assessed in that preceding school year.

    (7) Nothing in this regulation shall prevent the information specified in paragraphs (4) to (6) being contained in more than one report provided that, subject to regulation 7(1), the head teacher shall each school year send such information by post or otherwise before the end of the summer term.

    (8) The period to which a report containing any information specified in paragraph (4) relates shall in all cases begin with the later of - 

(a) the pupil's admission to the school; and

(b) the end of the period to which the last report on such matters made pursuant to these Regulations, or as the case may be the Regulations revoked by these Regulations.

Late receipt of Information by Head Teacher
     7.  - (1) Where any of the particulars necessary to provide the information under regulation 6 specified in paragraph (2) below are not received by the head teacher until after the end of the summer term, he shall send such information as soon as practicable and in any event not later than the following 30th September.

    (2) The information is - 

(a) the results of public examinations taken or details of vocational qualifications achieved by a pupil; or

(b) the results of NC tests taken by a pupil at the end of the second or third key stage or pursuant to article 7(1) of the 1999 (Key Stage 1) Order as given in the record of results provided by the external marking agency in accordance with, as the case may be, the 1999 (Key Stage 2) Order or the 1999 (Key Stage 3) Order; or

(c) the information referred to in paragraph 2(3) and 3(4) of Schedule 1 and paragraphs 2 and 3 of Schedule 2.

    (3) Paragraphs (4) and (5) apply where, before the end of the summer term the head teacher has requested, but not received the result of, a review by the external marking agency of the result of any of the NC tests taken by a pupil in the final year of the second or third key stage or pursuant to article 7(1) of the 1999 (Key Stage 1) Order.

    (4) The information specified in regulation 6(4)(a) shall indicate that the result which is the subject of the review is provisional.

    (5) Once the review result has been received by the head teacher, he shall send as soon as practicable and in any event no later than the following 30th September after the summer term, information giving the reviewed result of the NC tests, to those persons who earlier received the information pursuant to regulation 6(1) and paragraph (4) of this regulation whether or not it is different from that as originally notified to those persons.

Additional information to be made available
     8. In the case of a pupil in the final year of a key stage, the head teacher of a maintained school shall, if requested by the pupil's parent, make available to the parent, within fifteen school days of receiving the request, information consisting of his levels in each attainment target in any of the foundation subjects in accordance with the statutory arrangements if any information has not previously been made available pursuant to these Regulations.

School leaver's report
     9.  - (1) The head teacher of every maintained school shall make available to any pupil who has ceased to be of compulsory school age and is proposing to leave or has left the school the information referred to in paragraph (2).

    (2) The information consists of - 

(a) the pupil's name;

(b) the pupil's school; and

(c) brief particulars of the pupil's progress and achievements in subjects and activities forming part of the school curriculum (other than in relation to any public examination or vocational qualification) in the school year during or at the end of which the pupil left school.

    (3) The information referred to in paragraph (2) shall be included under the heading "Achievements in Education" in the form specified in Schedule 4, or a form to the like effect.

    (4) The form in which the information referred to in paragraph (2) is made available shall provide for signature by the pupil and by a teacher who is familiar with the pupil and his achievements.

    (5) Such information shall be made available to the pupil no later than 30th September next following the end of the school year during or at the end of which the pupil left the school.

Transfer of information when a pupil changes school
     10.  - (1) Subject to pargaraph (4) and regulation 11, where a pupil ceases to be a registered pupil at a maintained school (his "old" school) and becomes a registered pupil at another school (his "new " school), the head teacher of the pupil's old school shall within the time referred to in paragraph (3) send the information referred to in paragraph (2) and any other educational record to the head teacher of his new school.

    (2) The information is - 

(a) the subject and attainment level target achieved by the pupil in each of the core subjects shown by his most recent and all previous assessments (where available) in accordance with the statutory arrangements specifying - 


(i) in the case of assessments in respect of the final year of Key Stage 1, both teacher and NC task assessed levels; and

(ii) in the case of assessments in respect of the final year of the second or third key stage, levels assessed by both teacher assessment and the results of any NC tests;



(b) in the case of assessments in the final year of the third key stage - 



(i) the most recent and all previous (where available) teacher assessed levels in accordance with the statutory arrangements in respect of the subject and attainment target levels achieved by the pupil in design and technology and a modern foreign language and the teacher assessed levels achieved by the pupil in geography, history and information technology; and

(ii) a brief statement indicating what the pupil has achieved in relation to the end of key stage descriptions for art, music and physical education as assessed in accordance with the statutory arrangements;



(c) in the case of a pupil of compulsory school age - 



(i) if he is in the first or second key stage, his teachers' most recent assessments of his achievements in relation to all attainment targets in the core subjects in accordance with the statutory arrangements since the later of his last assessment in accordance with the statutory arrangements and his admission to the old school,

(ii) if he is in the third or fourth key stage, the information referred to in (i) above together with his teachers' most recent assessments of his achievements in relation to all attainment targets in the non core subjects; and



(d) any results held by the school of any public examinations taken and details of vocational qualifications achieved by him (including results of such examinations taken and details of such qualifications achieved, when the pupil was a registered pupil at another maintained school).

    (3) The head teacher of the pupil's old school shall send the information within fifteen school days of the pupil's ceasing to be registered at the schoool.

    (4) This regulation does not apply where it is not reasonably practicable for the head teacher of the old school to ascertain the pupil's new school or where the pupil was registered at his old school for less than four weeks.

    (5) Notwithstanding paragraph (4) if the head teacher of the pupil's old school receives at any time a request from the head teacher of the pupil's new school for a report about the pupil he shall send one containing the information referred to in paragraph (2) within fifteen school days of receiving the request.

Common Transfer Form
     11.  - (1) When a pupil ceases to be a registered pupil at a maintained school (his "old" school) and becomes a registered pupil at another school (his "new" school), the head teacher of the pupil's old school shall record the information in respect of that pupil set out in the common transfer form in Part 1, 2, 3 or 4 of Schedule 5 depending on whether that pupil is in the first, second, third or fourth key stage.

    (2) The head teacher shall send a copy of that record in the format set out in the appropriate part of Schedule 5, in either electronic or paper form, to the head teacher of the new school.

    (3) Regulation 10(3) to (5) shall apply in relation to this regulation.

    (4) Where the head teacher of the old school sends a completed common transfer form to the head teacher of the new school that satisfies the obligation in regulation 10 to send the information referred to in paragraph (2) of that regulation.

Translation
     12. If it appears requisite to the head teacher of any school that any information which these Regulations require him to make available should be translated into a language other than English, it shall be so translated and these Regulations shall apply to the translated information as they apply to the original information.

Revocations
     13. The Regulations listed in Schedule 6 are hereby revoked in relation to England.


Jacqui Smith
Parliamentary Under Secretary of State, Department for Education and Employment.

9th February 2000

[2] The Qualifications and Curriculum Authority was established under section 21 of the Education Act 1997 (c. 44).back

[3] 1988 c. 40. Section 10 of section 218 was amended by paragraph 49 of Schedule 8 to the Further and Higher Education Act 1992 (c. 13).back

[4] S.I. 1999/1236 as amended by S.I. 1999/2187.back

[5] ISBN 0 85522 444 4. The Code of Practice originally issued under section 157 of the Education Act 1993 (c. 35) continues to have effect by virtue of the 1996 Act, Schedule 39, paragraph 1.back

[6] S.I. 1999/1236, amended by S.I. 1999/2187.back

[7] S.I. 1999/2188.back

[8] S.I. 1999/2189.back

[9] This definition of "educational record" is the same as the definition contained in Schedule 11 to the Data Protection Act 1998 (c. 29).back

[10] 1998 c. 29.back

[11] The remainder of these Regulations were revoked by S.I. 1993/3182.back