Regulation 4 Amendment

After regulation 14 there shall be added the following regulation—

“Treatment of registered pupils at the end of the final year of the second key stage whose first language is not English

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(1)

In the circumstances set out in paragraph (2) below, an authority shall publish the information required by regulation 14(2), (3) and (3A)^f1 in accordance with paragraph (3) below (information in respect of those registered pupils at or near the end of the second key stage excluding pupils whose first language is not English).

(2)

The circumstances referred to in paragraph (1) are where the Secretary of State, on application from the school in question, has directed the authority, for the purposes set out in paragraph (3), not to count registered pupils at that school whose first language is not English, as defined for the purpose of this regulation in paragraph (4).

(3)

An authority shall not count registered pupils whose first language is not English when—

(a)

under regulation 14(2)(a), publishing information about the number of registered pupils at or near the end of the final year of the second key stage;

(b)

under regulation 14(2)(b), determining whether a school has eleven or more registered pupils at or near the end of the final year of the second key stage;

(c)

under regulation 14(2)(b)(i) and (ii), publishing information about the percentages of registered pupils at or near the end of the final year of the second key stage;

(d)

under paragraph 8 of Schedule 6^f2, publishing information about the number of registered pupils at or near the end of the final year of the second key stage who have special educational needs;

(e)

under regulation 14(3A)^f3, publishing information about the number of registered pupils at or near the end of the final year of the second key stage who have special educational needs determined under paragraph 8 of Schedule 6 expressed as the percentage of the number of registered pupils at or near the end of the final year of the second key stage.

(4)

For the purposes of this regulation, a pupil whose first language is not English is a registered pupil who—

(a)

first became a registered pupil at a school in England on or after the start of the school year immediately preceding the reporting school year;

(b)

prior to first becoming such a pupil, was resident outside the United Kingdom; and

(c)

has a first language other than English.”.