The School Performance Information (Wales) Regulations 2011

• Citation: S.I. 2011/1963 (W.)
• Sections: 14

Section 1 Title, commencement, application and revocation

(1) The title of these Regulations is the School Performance Information (Wales) Regulations 2011 and they come into force on 1 September 2011.

(2) These Regulations apply in relation to Wales.

(3) The regulations in Schedule 1 are revoked.

Section 2 Interpretation

(1) In these Regulations—

“the 1996 Act ” (“ Deddf 1996 ”) means the Education Act 1996;

“the 2002 Act ” (“ Deddf 2002 ”) means the Education Act 2002 ;

“approved relevant qualification” (“ cymhwyster perthnasol a gymeradwywyd ”) is a relevant qualification within the meaning of section 30(5) of the Education Act 1997 ;

“authority” (“ awdurdod ”) means—

in relation to a school maintained by a local authority that authority; and

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

“foundation phase” (“ cyfnod sylfaen ”) is to be construed in accordance with section 102 of the 2002 Act;

“maintained school” (“ ysgol a gynhelir ”) means—

any community, foundation or voluntary school, or

any community or foundation special school which is not established in a hospital;

but excludes any nursery school;

“non-maintained special school” (“ ysgol arbennig nas cynhelir ”) means a special school which is not maintained by an authority;

“qualification number” (“ rhif cymhwyster ”) means the unique reference number allocated to qualifications on the register to identify that qualification;

“the register” (“ y gofrestr ”) means the register maintained and published by the Office of Qualifications and Examinations Regulation pursuant to section 148 of the Apprenticeships, Skills, Children and Learning Act 2009 ;

“reporting school year” (“ blwyddyn adrodd yr ysgol ”) means the school year immediately preceding the school year in which information provided to the Welsh Ministers is to be published by the Welsh Ministers or, as the case may be, local authorities;

“school session” (“ sesiwn ysgol ”) is to be interpreted in accordance with regulation 4 of the Education (School Day and School Year) (Wales) Regulations 2003 ;

“statutory assessments” (“ asesiadau statudol ”) means such assessment arrangements as are specified:

in the Education (National Curriculum) (End of Foundation Phase Assessment Arrangements and Repeal of the First Key Stage Assessment Arrangements) (Wales) Order 2011; and

by the Welsh Ministers in an order made under section 108(3)(c) of the 2002 Act and “level” (“ lefel ”) is to be construed in accordance with the provisions of such orders ;

“unauthorised absence” (“ absenoldeb heb ei awdurdodi ”) means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) (Wales) Regulations 2010 and “authorised absence” (“absenoldeb awdurdodedig”) is to be construed accordingly; and

“unique pupil number” (“ rhif unigryw disgybl ”) means a combination of numbers which together with a letter or letters is allocated to a pupil and are particular to that pupil, by use of a formula determined by the Welsh Ministers.

(2) In these Regulations, except where the context otherwise requires—

(a) references to pupils of a particular age are to pupils who were registered pupils at the school on the third Thursday in January in the reporting school year and who attained that age during the period of twelve months ending on either—

(i) the 31 August preceding the commencement of the reporting school year, where the reporting school year begins after that date, or

(ii) the 31 August which falls within the reporting school year, where the reporting school year begins on or before that date;

(b) references to approved relevant qualifications for which pupils at the school were entered include approved relevant qualifications for which they were entered otherwise than in pursuance of section 402(1) of the 1996 Act ; and

(c) references to key stages are references to the periods set out in section 103(1) of the 2002 Act.

(3) Where these Regulations require or permit information to be transferred in electronic or machine readable form, that requirement must be met by transferring the information through a secure internet website provided for that purpose by or on behalf of the Welsh Ministers.

(4) For the purposes of these Regulations any approved relevant qualification for which a pupil was entered during a previous school year is to be treated as such an entry during the reporting school year.

Section 3 Qualification of duties

The duties of governing bodies, authorities and proprietors to make available, provide or publish information apply only to the extent that that 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, as the case may be.

Section 4 Provision of information by the head teacher to the governing body

The head teacher of every maintained school must, each year, make available to the governing body information about the matters mentioned in Schedules 2 and 3 for the purpose of enabling the governing body to comply with their obligations in respect of those matters.

Section 5 Provision of foundation phase and key stage assessment results to local authorities

The governing body of every maintained school which, in the reporting school year, has registered pupils in the foundation phase, the second key stage or third key stage who are eligible for statutory assessments must, each year, provide to the authority the information relating to statutory assessments referred to in Schedule 2, and where reasonably practicable in electronic or machine readable form.

Section 6 Provision of foundation phase and key stage assessment results to the Welsh Ministers

No later than 20 school days before the end of the summer term the authority must each year provide the Welsh Ministers with the information relating to the statutory assessments referred to in Schedule 2 in relation to all the schools which it maintains which have registered pupils in the foundation phase, the second key stage and the third key stage who are eligible for statutory assessments in the reporting school year.

Section 7 Provision of results of approved relevant qualifications to the Welsh Ministers

The governing body of every maintained school and the proprietor of every non-maintained special school or independent school with pupils aged 15, 16, 17 or 18 must provide the Welsh Ministers with such particulars as they request relating to approved relevant qualifications for which registered pupils at the school were entered, and such other information as is referred to—

(a) in the case of a school providing information in respect of pupils aged 15, in Part 1 of Schedule 3; or

(b) in the case of a school providing information in respect of pupils aged 16, 17 or 18, in Part 2 of Schedule 3;

upon receiving a written request from the Welsh Ministers for such information within the period specified by them in such a request.

Section 8 Provision of information about authorised and unauthorised absence to the authority

The governing body of every maintained school and maintained nursery school and the proprietor of every non-maintained special school or independent school must provide the authority with the following information for the reporting school year upon receiving a written request from the authority for such information within the period specified by it in such a request:

(a) the total number of school sessions in the reporting school year during which the pupil was registered at the school;

(b) the total number of such sessions in the reporting school year attended by the pupil; and

(c) the total number of authorised and unauthorised absences for the pupil.

Section 1

The number of registered pupils aged 15.

Section 2

In the case of each such pupil referred to in paragraph 1 who was entered for one or more approved relevant qualifications during the reporting school year or any of the school years preceding that year the pupil’s gender, date of birth and surname followed by the first name, middle name or middle names (if applicable), and where such information is provided in electronic or machine readable form, the pupil’s unique pupil number.

Section 3

In the case of each such pupil referred to in paragraph 2 who, during the reporting school year or any of the school years preceding that year, achieved any approved relevant qualification, the following details for each such qualification achieved—

(a) the awarding body;

(b) the subject title;

(c) the type and level;

(d) the result;

(e) the date awarded; and

(f) the qualification number.

Section 4

The number of registered pupils aged 16, 17 or 18.

Section 5

In the case of each such pupil referred to in paragraph 4 the following information: the pupil’s gender, date of birth and surname followed by the first name, middle name or middle names (if applicable) and, where such information is provided in electronic or machine readable form, the pupil’s unique pupil number.

Section 6

In the case of each such pupil referred to in paragraph 4 who, during the reporting school year or any of the school years preceding that year, achieved any approved relevant qualification, the following details for each such qualification achieved—

(a) the awarding body;

(b) the subject title;

(c) the type and level;

(d) the result;

(e) the date awarded; and

(f) the qualification number.