Citation and commencement

1. These Regulations may be cited as the Education (Information About Individual Pupils) (England) Regulations 1999 and shall come into force on 16th April 1999.

Interpretation

2. In these Regulations-

"the 1996 Act" means the Education Act 1996;

"authority", in relation to any school referred to in Part I of Schedule 1 to these Regulations means the local education authority which maintains the school(2);

"GCE -�A' level examination" and "GCE -�AS' examination" mean General Certificate of Education advanced level examination and General Certificate of Education advanced supplementary examination respectively;

"GCSE" means General Certificate of Secondary Education;

"GNVQ" means General National Vocational Qualification;

"GNVQ precursor" means any of-

being qualifications approved by the Secretary of State under section 400 of the 1996 Act;

"NVQ" means National Vocational Qualification;

"permanently excluded" means a pupil who has been permanently excluded from a school on disciplinary grounds;

"permanent exclusion date" means the date on which the name of a permanently excluded pupil is deleted from the Register;

"post advanced level course" means a course of study being undertaken by a pupil who has completed a course leading to any of (i) a GCE -�A' level examination, (ii) a GCE -�AS' examination, (iii) a GNVQ at level 3, (iv) a GNVQ precursor at level 3 or (v) a NVQ at level 3 and is no longer studying any of those courses;

"Register" means the register of pupils kept under section 434 of the 1996 Act and in accordance with the Education (Pupil Registration) Regulations 1995(3); and

"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.

Provision of information about individual pupils

3.-(1) The governing body of every school referred to in Part I of Schedule 1 to these Regulations shall, before 23rd April 1999 or as soon as reasonably practicable thereafter, provide to the authority the information referred to in Parts I and II of Schedule 2 to these Regulations.

(2) The governing body of every school referred to in Part II of Schedule 1 to these Regulations shall, before 23rd April 1999 or as soon as reasonably practicable thereafter, provide to the Secretary of State the information referred to in Parts I and II of Schedule 2 to these Regulations.

Transitional provisions

4. Where before the date of the coming into force of these Regulations-

(a)the governing body of any school referred to in Part I of Schedule 1 to these Regulations have already provided the information referred to in Schedule 2 to these Regulations to the authority, or

(b)the governing body of any school referred to in Part II of Schedule 1 to these Regulations have already provided the information referred to in Schedule 2 to these Regulations to the Secretary of State,

the duty under regulation 3 of these Regulations shall not apply in respect of that governing body.

Regulation 3

SCHEDULE 1LIST OF SCHOOLS

PART I

PART II

Regulation 3

SCHEDULE 2PROVISION OF INFORMATION ABOUT INDIVIDUAL PUPILS

PART IALL PUPILS

1. In respect of each pupil shown on the school's Register on 21st January 1999 the following information.

2. The pupil's-

(a)gender;

(b)date of birth;

(c)unique pupil number;

(d)surname and, where the pupil has a former surname which is known to the governing body, that former surname;

(e)first name or, if more than one, each first name;

(f)postcode of the home where the pupil normally resides;

(g)ethnic group, where the pupil is aged five or over on 31st August 1998; and

(h)date of admission to the school.

3. Whether the pupil is a day or boarding pupil at the school.

4. Whether, where the pupil is aged five or over on 31st August 1998, English is not the pupil's first language.

5. Whether, pursuant to section 512(3) of the 1996 Act, the pupil is (a) eligible to receive free school means and, (b) claims free school meals.

6. Where the pupil has special educational needs, which stage of the five stage scale referred to 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 1996 Act(4) applies to him, or, in the event of another scale being used, which stage of that scale applies to him.

7. Whether the pupil has a statement of special educational needs within the meaning of section 324 of the 1996 Act.

8. In the case of a school which provides primary education, (a) whether the pupil is receiving nursery education in a nursery class at the school and (b), whether, where the pupil is under compulsory school age, the pupil is part-time or not; and, for the purposes of this paragraph, "part-time" means that the pupil is attending fewer than ten school sessions in any week during which the school meets.

9. In the case of a school which provides secondary education and where the pupil is aged 16 or over on 31st August 1998-

(a)the number, if any, of GCSE subjects the pupil is studying;

(b)the number, if any, of GCE -�A' level examination subjects (excluding the subject entitled "general studies") the pupil is studying;

(c)in relation to any GCE -�A' level examination subjects (excluding the subject entitled "general studies") being studied by the pupil, whether the subjects include the following-

(i)mathematics,

(ii)science, and

(iii)subjects other than mathematics or science;

(d)the number, if any, of GCE -�AS' examination subjects the pupil is studying;

(e)whether the pupil is studying a post advanced level course;

(f)the level of any GNVQ which the pupil is studying towards;

(g)the level of any GNVQ precursor which the pupil is studying towards;

(h)the level of any NVQ which the pupil is studying towards; and

(i)whether the pupil is studying a course other than any of the kind referred to above.

PART IIEXCLUDED PUPILS

1. In respect of each pupil permanently excluded from the school and whose permanent exclusion date occurs in the period beginning on 1st September 1997 and ending immediately before 1st September 1998, the following information.

2. The pupil's-

(a)gender;

(b)date of birth;

(c)surname;

(d)first name or, if more than one, each first name;

(e)ethnic group, where the pupil's age is five or over on 31st August 1997; and

(f)permanent exclusion date.

3. Whether the pupil has a statement of special educational needs within the meaning of section 324 of the 1996 Act on his permanent exclusion date.

Explanatory Note

(This note is not part of the Regulations)

These Regulations, made under section 537A of the Education Act 1996, apply in respect of the schools listed in Schedule 1. These schools are situated in England.

They require the governing bodies of those schools to provide the information about individual pupils at the school referred to in Schedule 2 to, as the case may be, their local education authority or the Secretary of State, before 23rd April 1999 or as soon as reasonably practicable thereafter (regulation 3).

The required information in Part I of Schedule 2 includes such matters as the gender, date of birth and name of a pupil; whether the pupil is entitled to free school meals; whether he has a statement of special educational needs and, in the case of schools providing secondary education, information as to courses studied by the pupil (if the pupil is aged 16 or over on 31st August 1998). Part II of that Schedule relates to information about pupils who have been permanently excluded from the school on disciplinary grounds in the period beginning on 1st September 1997 and ending immediately before 1st September 1998.

By way of transitional provision, the duty to provide the information in Schedule 2 does not apply in the case of a governing body of any school referred to in Schedule 1, who have provided that information to, as the case may be, the local education authority or the Secretary of State before the coming into force of these Regulations (regulation 4).