The Education (National Curriculum) (Assessment Arrangements for English, Mathematics, Science and Technology) (Key Stage 3) Order 1992

• Citation: S.I. 1992/1858
• Sections: 11

Section 1 Citation, commencement and application

(1) This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for English, Mathematics, Science and Technology) (Key Stage 3) Order 1992 and shall come into force on 1st August 1992.

(2) The provisions of this Order apply in respect of pupils at or near the end of the final year of the third key stage in the core subjects and technology for the purpose of ascertaining the achievements of pupils in those subjects.

(3) This Order applies to maintained schools in England only.

Section 2 Interpretation

(1) In this Order—

“the associated documents” means documents published by Her Majesty’s Stationery Office entitled “English in the National Curriculum ( No. 2) ” , “Mathematics in the National Curriculum (1991) ” , “Science in the National Curriculum (1991) ” , and “Technology in the National Curriculum ” (which documents have effect by virtue of the section 4(2)(a) and (b) orders);

“the core subjects” means English, mathematics and science;

“maintained school” has the meaning assigned to it by section 25(1) of the Education Reform Act 1988;

“NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the levels of attainment which they have achieved in attainment targets and “NC tests timetable ” means a timetable for the administration of NC tests, being respectively tests and a timetable laid down in provisions made by the Secretary of State under article 11 which have been published by Her Majesty’s Stationery Office;

“the section 4(2)(a) and (b) orders” means the Education (National Curriculum) (Attainment Targets and Programmes of Study in English) (No. 2) Order 1990 , the Education (National Curriculum) (Attainment Targets and Programmes of Study in Technology) Order 1990 , the Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) Order 1991 , and the Education (National Curriculum) (Attainment Targets and Programmes of Study in Science) Order 1991 ;

“specified” means specified in relation to the third key stage by a section 4(2)(a) and (b) order;

“spring term” and “summer term” mean the second and third terms respectively in a school year; out in paragraph (c) of section 3(3) of the Education Reform Act 1988; and

references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated documents.

(2) In this Order, unless the context otherwise requires, any reference to a numbered article is a reference to the article in this Order so numbered and any reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.

(3) Where any average number required to be determined by this Order is not a whole number, it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.

Section 3 Teacher assessment

(1) Each pupil shall be assessed by a teacher during the summer term in accordance with the provisions of this article.

(2) The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in relation to each attainment target specified for each subject which applies to him.

(3) The teacher shall each year not later than 31st May assess the pupil and record the results of the assessment.

(4) The record of the results shall consist of a statement of each level of attainment achieved by the pupil (whether or not that level is specified in relation to the third key stage by the relevant section 4(2)(a) and (b) order) in relation to every attainment target mentioned in paragraph (2).

(5) In making an assessment of a pupil pursuant to this article a teacher may take into account the results of any previous assessment of the pupil (whether or not made by that teacher).

Section 4 NC test assessment

(1) Subject to articles 9 and 10 each pupil shall be assessed in accordance with the provisions of this article, and such an assessment shall be known as a “NC test assessment”.

(2) NC tests shall be administered to the pupil in accordance with the provisions of the document in which they are published at the times specified in the relevant NC tests timetable and the results of the tests recorded as soon as reasonably practicable thereafter.

(3) The record of the results shall consist of a statement of each level of attainment achieved by the pupil (whether or not that level is specified in relation to the third key stage by the relevant section 4(2)(a) and (b) order) in relation to each relevant attainment target.

(4) In paragraph (3) and article 5 “relevant attainment target” means any attainment target in which the NC tests enable achievements to be assessed.

Section 5 Determination of levels of attainment

(1) Subject to the provisions of this article and articles 6 and 9 a pupil’s level of attainment in each relevant attainment target (except the attainment target referred to in paragraph (2)) shall be the level determined by NC test assessment and in each other attainment target the level determined by teacher assessment.

(2) Subject as aforesaid in the case of the attainment target in technology entitled “Information Technology ” the level shall be the average of the teacher assessment and NC test assessment levels.

(3) If the pupil’s level determined in an attainment target by NC test assessment is lower than the lowest level which the test was designed to assess ( “the lowest test level ”), the pupil’s level of attainment shall be one level below the lowest test level unless paragraph (4) applies.

(4) This paragraph applies where—

(a) the pupil’s level of attainment in the attainment target determined by teacher assessment is two or more levels below the lowest test level; or

(b) the pupil’s level of attainment in at least one other attainment target in the subject determined by NC test assessment is lower than the lowest test level; or

(c) the attainment target is also a profile component; or

(d) the attainment target is one of the attainment targets comprising the profile component in English entitled “Writing ”.

(5) Where paragraph (4) applies the pupil’s level of attainment in the attainment target shall be zero and articles 7 and 8 shall not apply for the purpose of determining a level of attainment in the subject and any profile component in the subject.

Section 6 Verification of assessments

(1) This article makes provision for the verification of teacher assessments and NC test assessments by bodies designated by the Secretary of State for that purpose and the substitution for levels of attainment determined by such assessments of levels determined by such bodies.

(2) On request by the relevant designated body the head teacher shall provide it with the results of teacher assessments and NC test assessments of such number or proportion of pupils and in such subjects or attainment targets of subjects as it may require, together with the supporting material referred to in paragraph (3), to enable the relevant designated body to verify the assessments.

(3) The supporting material consists of the records and other evidence of a pupil’s achievements relied on by a teacher in making a teacher assessment, the pupil’s written response to the NC test and such further material as the relevant designated body may reasonably require.

(4) If after such verification the relevant designated body considers that the results of the assessments are accurate, it shall so notify the head teacher, and the levels of all pupils at the school determined by teacher and NC test assessments (whether or not verified) shall be the levels for the subject in question.

(5) If after such verification the relevant designated body considers that some of the results are inaccurate, it shall so notify the head teacher and, if it so requests, the head teacher shall as soon as practicable—

(a) arrange for the results considered to be inaccurate, together with such other results as the relevant designated body may request, to be reconsidered by the teachers concerned and subsequently submitted to the body for verification; and

(b) provide the body with the results of the assessments of all other pupils in the subject in question which have not been verified, together with the supporting material referred to in paragraph (3), for verification.

(6) Where any level of attainment determined by the relevant designated body differs from the level determined by a teacher or NC test assessment, the level determined by that body after verification shall be the level of attainment.

(7) References in this article and article 10 to the relevant designated body are to the body designated by the Secretary of State which has responsibility for verifying assessments of the school in question.

Section 7 Determination of attainment by profile component: English and technology

(1) Subject to articles 5(5), 9 and 10 the provisions of this article regulate the determination of profile component levels in English and technology.

(2) Where a profile component consists of a single attainment target, the level of attainment for that target shall be the pupil’s level in that profile component.

(3) In the case of the profile component in technology entitled “Design and Technology”, the level for that component shall be the average of the levels attained by the pupil in the four attainment targets in that profile component, weighted by the following factors:

(4) In the case of the profile component in English entitled Writing (which consists of three attainment targets: Writing, Spelling and Handwriting), the level for that component shall be the average of the levels attained by the pupil in the three attainment targets, calculated in accordance with the following provisions of this article.

(5) Where the pupil’s level of attainment in Writing does not exceed level 7, and either his levels in both Spelling and Handwriting do not exceed level 4 or his level in Presentation is level 5, 6 or 7, the levels shall be weighted by the following factors:

(6) Where the pupil’s level of attainment in Writing is level 8, 9 or 10, and either his levels in Spelling and Handwriting do not exceed 4 or his level in Presentation does not exceed level 6, the levels shall be weighted as provided in paragraph (5).

(7) Where the pupil’s level of attainment in Writing is level 8, 9 or 10 and his level in Presentation is level 7, his level in the profile component Writing shall be that achieved in the attainment target Writing.

Section 8 Determination of attainment by subject

(1) Subject to articles 5(5), 9 and 10 the provisions of this article regulate the aggregation of attainment target and profile component levels of attainment to determine subject levels of attainment.

(2) In the case of English and technology, a pupil’s level of attainment shall be the average of the profile component levels of attainment in that subject, calculated in accordance with paragraph (3).

(3)

(a) In the case of English, the profile components shall be weighted by the following factors:

(b) In the case of technology, the profile components shall be weighted by the following factors:

(4) In the case of mathematics and science, a pupil’s level of attainment in each subject shall be the average of his levels in each attainment target.

(5) The results of the application of the provisions of this article and of articles 6 and 7 in relation to a pupil shall be recorded in a statement consisting of his level of attainment in each subject and each attainment target and profile component in each such subject.

Section 9 Pupils not subject to provisions of the National Curriculum

(1) Articles 7 and 8 shall have effect in relation to pupils as respects whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.

(2) Where in the case of English and technology one attainment target in a profile component does not apply to such a pupil, or in the case of mathematics and science one attainment target in the subject does not so apply, article 7 (in the case of English and technology) and article 8 (in the case of mathematics and science) shall have effect as if the number of attainment targets applying to the pupil were the total number of attainment targets in the profile component or subject, as the case may be.

(3) Where by virtue of paragraph (2) one or more profile component levels of attainment cannot be determined, or where more than one attainment target in a subject does not apply to such a pupil, paragraphs (1) to (4) of article 8 shall not apply.

(4) If the Writing attainment target of the profile component in English entitled Writing does not apply to such a pupil, articles 7 and 8 shall not apply for the purpose of determining a subject level of attainment in English.

(5) Article 8(5) shall apply in respect of all levels of attainment in attainment targets, profile components and subjects which have been assessed in relation to the pupil.

Section 10 Pupil’s absence

(1) Where a pupil is unable to take a NC test due to his absence, and his absence was authorised or not treated as unauthorised (within the meaning of the Pupils' Registration Regulations 1956) , the head teacher shall provide the results of the teacher assessment of the pupil to the relevant designated body together with such supporting material as it may reasonably require.

(2) If the relevant designated body is satisfied that the results of the teacher assessment are accurate the levels of attainment determined by the assessment shall be the pupil’s levels.

(3) If and to the extent that the relevant designated body is not so satisfied the pupil’s levels shall be those which that body considers accurately represent the pupil’s achievements.

(4) Where a pupil is unable to take a NC test due to his unauthorised absence (within the meaning of the said Regulations of 1956), his level of attainment in the attainment targets in which the NC test enables achievement to be assessed, in any profile component of which those attainment targets form part and in the subject shall be recorded as not having been assessed.

Section 11 Supplementary powers of the Secretary of State

The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order as appear to him to be expedient, including in particular provisions as to NC tests for the purpose mentioned in the definition of such tests in article 2(1) and as to the time when and the manner in which the tests are to be taken.