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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Education (School Performance Information) (England) Regulations 2007 No. 2324 URL: http://www.bailii.org/uk/legis/num_reg/2007/20072324.html

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"the 2002 Act" means the Education Act 2002[2];

"assessment" —

(i) in relation to a maintained school, means assessment pursuant to orders made or having effect as if made under section 87 of the 2002 Act[3] and "level" is to be construed in accordance with the provisions of such orders; and

(ii) in relation to an Academy or a CTC, means assessment pursuant to an agreement made under section 482 of the 1996 Act[4];

"assessment term" means the term in which assessment is completed;

"attainment target" has the meaning given by section 76 of the 2002 Act;

"authority" means—

(i) in relation to a school maintained by a local education authority, that authority; and

(ii) in relation to a non-maintained special school or an independent school, means the local education authority in whose area the school is situated;

"a child looked after by a local authority" is to be interpreted in accordance with section 22(1) of the Children Act 1989[5];

"CTC" means city technology college or city college for the technology of the arts;

"core subject" means English, mathematics or science;

"the Document" means the document entitled "Foundation Stage and Key Stage 1 Assessment and Reporting Arrangements" published by the Qualifications and Curriculum Authority pursuant to section 87(11) of 2002 Act and article 9 of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004[6];

"external marking agency" means a body nominated by the Qualifications and Curriculum Authority and approved by the Secretary of State to mark NC tests;

"maintained school" means—

(i) any community, foundation or voluntary school; or

(ii) any community or foundation special school which is not established in a hospital

     but excludes any nursery school;

"middle deemed secondary school" means a middle school deemed to be a secondary school by virtue of the Education (Middle School) (England) Regulations 2002[7];

"National Data Collection Agency" means a person appointed by the Qualifications and Curriculum Authority for the purpose of collating information about pupils' National Curriculum assessment results.

"NC tests" means National Curriculum tests administered to pupils for the purposes of assessing 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 the appropriate order made or having effect as if made under section 87 of the 2002 Act in force when those tests were administered;

"non-maintained special school" means a special school which is not maintained by a local education authority;

"P-level" means, for those pupils with special educational needs, the National Curriculum level of attainment below level 1 as specified by the Secretary of State in an order made or having effect as if made under section 87 of the 2002 Act;

"reporting school year" means the school year immediately preceding the school year in which information provided to the Secretary of State is to be published by him or, as the case may be, by the authority;

"school action" means the action referred to in paragraphs 5.43 to 5.49, in relation to primary schools, and paragraphs 6.50 to 6.57, in relation to secondary schools, of the Special Educational Needs Code of Practice;

"school action plus" means the action referred to in paragraphs 5.54 to 5.61 in relation to primary schools and paragraphs 6.62 to 6.69 in relation to secondary schools of the Special Educational Needs Code of Practice;

"school day" has the meaning given by section 579(1) of the 1996 Act;

"school year" has the meaning given by section 579(1) of the 1996 Act[8];

"special educational needs" has the meaning given by section 312(1) of the 1996 Act[9];

"Special Educational Needs Code of Practice" means the Code of Practice of that title issued under section 313 of the 1996 Act[10] in November 2001;

"special school" has the meaning given by section 337 of the 1996 Act[11];

"unauthorised absence" means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) (England) Regulations 2006[12] and "authorised absence" is to be construed accordingly.

    (2) Except in regulation 13 and paragraph 1(3) of Schedule 5, in these Regulations 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 preceding the commencement of the reporting school year, where the reporting school year begins after that date, or the 31st August which falls within the reporting school year, where the reporting school year begins on or before that date, and who were registered pupils at the school on the third Thursday in the reporting school year.

    (3) In these Regulations references to key stages are references to the periods set out in section 82(1) of the 2002 Act.

    (4) Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by a computer.

    (5) For the purposes of these Regulations any examination for which a pupil aged 15 was entered during a previous school year is to be treated as such an examination for which the pupil was entered during the reporting school year.

    (6) Information relating to authorised or unauthorised absences must not include any information relating to any period after the Friday before the last Monday in May in the reporting school year.

Qualification of Duties
     3. The duties of governing bodies, authorities and proprietors to make available, provide or publish information apply only to the extent that the information is available to them in time for it to be reasonably practicable for them to make available, provide or publish that information before the latest occasion on which that information is required to be made available, provided or published.

(a) the level on the National Curriculum level scale and the NC test results, including the marks awarded for each component element of those tests where available, achieved by the pupil in the second key stage;

(b) the level on the National Curriculum scale and the NC test results, including the marks awarded for each component of those tests where available, achieved by the pupil in the first key stage;

(c) whether an NC test result is not available for the pupil because, in the opinion of the head teacher, he was working below level 3 of the National Curriculum level scale and an NC test was not administered to the pupil;

(d) whether the pupil failed to achieve a level on the National Curriculum level scale in an NC test for a reason other than absence from the test;

(e) whether the pupil was exempted from an NC test under section 92 or 93 of the 2002 Act[15];

(f) whether an NC test result is not available because the pupil was absent on the day the NC test was administered; and

(g) whether an NC test result relates to a test taken prior to the final year of the second key stage and the school year in which it was taken.

     3. In respect of any pupil referred to in paragraph 2(1) who has special educational needs and is working below level 1 of the National Curriculum, the P-level achieved by the pupil in each core subject or, as the case may be, the relevant attainment target as determined by teacher assessment.

     4. —(1) In respect of each pupil referred to in paragraph 2(1), the following information—

(a) the date of the pupil's admission to the school;

(b) the pupil's ethnic group;

(c) the pupil's first language;

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

(e) whether, pursuant to sections 512(3) and 512ZB of the 1996 Act[16], the pupil has applied for and been found eligible for free school meals;

(f) whether the pupil has special educational needs and, where applicable, the type of special educational needs that pupil has, the primary and secondary ranking of those types if there is more than one type, and which SEN provision type forming part of the graduated approach adopted pursuant to The Special Educational Needs Code of Practice is being made for the pupil;

(g) whether the pupil is or has been at any time whilst registered at the school, to the knowledge of the governing body or, where appropriate, the proprietor, a child looked after by a local authority.

     5. —(1) In respect of each registered pupil in the second key stage other than those referred to in paragraph 2(1), who has taken any NC test early, the pupil's gender, date of birth and surname followed by first name or, if more than one, each first name and the date of registration at the school.

    (2) In respect of each such pupil, the level on the National Curriculum level scale achieved by the pupil as determined by the results of the NC tests taken early, including the marks awarded for each component element of those tests where available.

(a) the pupil's gender, date of birth, and surname followed by first name or, if there are more than one, each first name;

(b) whether the pupil was entered for an external qualification approved for use by pupils of compulsory school age under section 98 of the Learning and Skills Act 2000[17] for the purposes of section 96 of that Act and, where applicable, the following—


(i) the external qualification taken;

(ii) the name of the awarding body for the external qualification;

(iii) the school year in which the pupil was entered for the external qualification; and

(iv) the grade or level achieved.



(c) except where the pupil is registered at an independent school other than an Academy or CTC, the level on the National Curriculum scale and the NC test results, including the marks awarded for each component of those tests where available, achieved by the pupil in the third key stage;

(d) except where the pupil is registered at an independent school other than an Academy or CTC, the level on the National Curriculum scale and the NC test results, including the marks awarded for each component of those tests where available, achieved by the pupil in the second key stage;

(e) except where the pupil is registered at an independent school other than an Academy or CTC, the following—



(i) the date of the pupil's admission to the school;

(ii) the pupil's ethnic group;

(iii) the pupil's first language;

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

(v) whether, pursuant to sections 512(3) and 512ZB of the 1996 Act, the pupil has applied for and been found eligible for free school meals;

(vi) whether the pupil has special educational needs and, where applicable, the type of special educational needs that pupil has, the primary and secondary ranking of those types if there is more than one type, and which SEN provision type forming part of the graduated approach adopted pursuant to The Special Educational Needs Code of Practice is being made for the pupil;

(vii) whether the pupil is or has been at any time whilst registered at the school, to the knowledge of the governing body or, where appropriate, the proprietor, a child looked after by a local authority.

(a) which is not a special school; and

(b) which is not an independent school other than an Academy or a CTC;

     whether the school is—


(i) a grammar school (a school which, for the purposes of section 104 of the School Standards and Framework Act 1998[18] ("the 1998 Act"), admits pupils wholly or mainly with reference to ability);

(ii) modern (a school to which pupils who have not been selected for a place at a grammar school are admitted wholly or mainly without reference to ability or aptitude); or

(iii) comprehensive (all other schools, including schools with admission arrangements falling within section 101 of the 1998 Act).

     7. In the case of an independent school other than an Academy or a CTC, whether the school is selective.

     8. In the case of a school which has been approved by the Secretary of State as a specialist school, which specialism or specialisms apply to that school

     9. The number of registered pupils at or near the end of the final year of the third key stage who have special educational needs to whom support is provided by means of school action plus or in respect of whom a statement is maintained under section 324 of the 1996 Act[19].

     10. The number of registered pupils at or near the end of the final year of the third key stage who have special educational needs to whom support is provided by means of school action but in respect of whom a statement of special educational needs is not maintained under section 324 of the 1996 Act.

     11. The number of registered pupils at or near the end of the final year of the fourth key stage who have special educational needs to whom support is provided by means of school action plus or in respect of whom a statement of special educational needs is maintained under section 324 of the 1996 Act.

     12. The number of registered pupils at or near the end of the final year of the fourth key stage who have special educational needs to whom support is provided by means of school action but in respect of whom a statement of special educational needs is not maintained under section 324 of the 1996 Act.

     13. The total number of registered pupils who have special educational needs to whom support is provided by means of school action but in respect of whom a statement of special educational needs is not maintained under section 324 of the 1996 Act.

     14. The total number of registered pupils to whom support is provided by means of school action plus or for whom a statement of special educational needs is maintained under section 324 of the 1996 Act.

[2] 2002 c. 32.back

[3] Section 87 has been prospectively amended by sections 48 and 102 of, and Schedule 1 and 3 to, the Childcare Act 2006 c. 47.back

[4] Section 482 was inserted by section 65(1) of the Education Act 2002 c. 32.back

[5] 1989 c. 89. Section 22(1) has been amended by section 107 of, and schedule 5 to, the Local Government Act 2000 c. 22; section 2 of the Children (Leaving Care) Act 2000 c. 35; and section 116 of the Adoption and Children Act 2002 c. 38.back

[6] S.I. 2004/2783.back

[7] S.I. 2002/1983.back

[8] The definition of "school year" was inserted by section 57(1) of, and Schedule 7 to, the Education Act 1997 c. 44.back

[9] Section 312 was last amended by section 6(2) of, and Schedule 1 to, the Education and Inspections Act 2006 c. 40.back

[10] Section 313 was last amended, in relation to England, by section 215 of and schedule 21 to, the Education Act 2002 c. 32.back

[11] Section 337 was substituted by section 140 of, and Schedule 30 to, the School Standards and Framework Act 1998 c. 31.back

[12] S.I. 2006/1751. Regulation 10 of S.I. 2006/1751 has been amended by S.I. 2007/603.back

[13] S.I. 2003/1038.back

[14] S.I. 2003/1039.back

[15] Section 93 has been prospectively amended by sections 48 and 103 of, and Schedules 1 and 3 to, the Childcare Act 2006 c. 21back

[16] Section 512 was substituted by, and section 512ZB inserted by, section 201 of the Education Act 2002 c. 32.back

[17] 2000 c. 21.back

[18] c. 31. Section 104 was last amended by section 54 of the Education and Inspections Act 2006 c. 40.back

[19] Section 324 was last amended by section 9 of the Special Educational Needs and Disability Act 2001 c. 10.back

 © Crown copyright 2007