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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

These Regulations amend the Education (School Performance Information) (England) Regulations 2001 (S.I. 2001/3446) (“the principal Regulations”).

The principal amendments will—

(a)

insert additional definitions explaining the meaning of “looked after children”, “school action”, “school action plus”, and of the Special Educational Needs Code of Practice (regulation 3);

(b)

delete the regulations and schedules requiring the provision of information about excluded pupils to the local education authority and the provision of information about permanently excluded pupils to the Secretary of State (regulation 4);

(c)

extend to the proprietors of Academies who provide primary education the requirement to provide, upon request, general information about those primary schools to the Secretary of State (regulation 5);

(d)

extend to Academies the requirement to provide information about second key stage assessment results to the National Data Collection Agency (regulation 6);

(e)

require the provision of information about all fourth key stage pupils to the Secretary of State; the range of information which must be provided about fourth key stage pupils has been increased and now includes the information set out in regulation 7(a) of these Regulations - in addition to the pupil’s National Curriculum level being provided to the Secretary of State, these Regulations require the pupil’s National Curriculum test results and the marks awarded for each component part of the tests to be provided;

(f)

remove from Schedule 3 Part II of the principal Regulations a number of the individual provisions which related to pupils who had taken particular courses at age 16, 17 and 18 (a general requirement to provide information about pupils aged 16, 17 or 18 who are entered for any external qualification approved under section 98 of the Learning and Skills Act 2000 (approved qualifications for England) remains) (regulation 7(b)); and

(g)

cause information about pupils with Special Educational Needs and who are either supported by “School Action Plus” (as described in the Special Educational Needs Code of Practice) or the subject of a statement of Special Educational needs to be provided to the Secretary of State as one category; information will be provided to the Secretary of State about the category of pupils who have Special Educational Needs and are supported by “School Action” but in respect of whom a statement of Special Educational Needs has not been made (regulations 8 and 9).

The Code of Practice of Special Educational Needs published in November 2001 by the Secretary of State for Education and Skills may be viewed at the following link: