Citation and commencement

1. These Regulations may be cited as the Education (School Performance Information) (England) (Amendment No. 3) Regulations 2000 and shall come into force on 8th November 2000.

Amendment

2. The Education (School Performance Information) (England) Regulations 1999(2) shall be amended as follows.

3. At the beginning of regulation 14 there shall be inserted the words "Subject to regulation 15".

4. 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

15.-(1) In the circumstances set out in paragraph (2) below, an authority shall publish the information required by regulation 14(2), (3) and (3A)(3) 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(4), 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)(5), 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.".

5. For Schedule 8 (form in which information is to be published by local education authorities) there shall be substituted the Schedule set out in the Schedule to these Regulations.

Regulation 5

THE SCHEDULE

Regulation 14(5)

"SCHEDULE 8FORM IN WHICH INFORMATION IS TO BE PUBLISHED BY LOCAL EDUCATION AUTHORITIES

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Education (School Performance Information) (England) Regulations 1999 ("the principal Regulations") which relate to the collection and publication of information about the performance of schools.

Regulation 4 inserts a new regulation 15 in the principal Regulations. The new regulation requires a local education authority when publishing information about pupils at or near the end of the final year of the second key stage under regulation 14(2), (3) and (3A) to exclude from the number a pupil whose first language is not English when directed to do so by the Secretary of State on application made by the school in question.

A pupil whose first language is not English is defined as a pupil who 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, who, prior to becoming such a pupil, was resident outside the United Kingdom and who has a first language other than English.

Regulation 5 replaces Schedule 8 to the principal Regulations. The new Schedule, as substituted, amends the form in which information is to be published by local education authorities. The Education (School Performance Information) (England) (Amendment No. 2) Regulations 2000 (S.I. 2000/2116) introduced a requirement for schools to publish information about the numbers of registered pupils who have special educational needs rather than statements of special educational needs. It also required the numbers of pupils with special educational needs to be expressed as a percentage of the number of registered pupils. The new Schedule 8 specifies the form (or the form to a like effect) in which this information is to be published.