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Statutory Rules of Northern Ireland


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2003 No. 378

EDUCATION

Education (School Information and Prospectuses) Regulations (Northern Ireland) 2003

  Made 13th August 2003 
  Coming into operation 15th September 2003 

The Department of Education, in exercise of the powers conferred on it by Articles 31(2) and (3) and 137(5) of the Education Reform (Northern Ireland) Order 1989[1], Article 17(3), (4) and (6) of the Education (Northern Ireland) Order 1997[2] and of every other power enabling it in that behalf and after consultation in accordance with Article 31(4)[3] of the 1989 Order with the boards, the Council for Catholic Maintained Schools, the Boards of Governors and principals of every grant-aided school appearing to it to be affected and any other person with whom consultation appeared to it to be desirable, hereby makes the following Regulations:

Citation, commencement and effect
     1.  - (1) These Regulations may be cited as the Education (School Information and Prospectuses) Regulations (Northern Ireland) 2003 and shall come into operation on 15th September 2003.

    (2) These Regulations shall have effect in relation to the publication or otherwise making available of information, particulars or documents in the 2003/2004 school year and in each subsequent school year.

Revocation and saving
    
2.  - (1) Subject to paragraph (2) the Regulations specified in Schedule 1 are hereby revoked.

    (2) Where information, particulars or documents which are required to be published in the school year 2003/2004 have been published or otherwise made available before 15th September 2003 the Education (School Information and Prospectuses) Regulations (Northern Ireland) 1993[
4] shall continue to have effect in relation thereto as if these Regulations had not been made.

Interpretation
     3.  - (1) In these Regulations -

    (2) In these Regulations any reference to the date up to which parents may express a preference for a school is a reference to the date by which, in accordance with arrangements made by the relevant board in pursuance of Article 9(1) of the 1997 Order, a parent wishing education to be provided for his child in the exercise of the board's functions should express such a preference.

    (3) In these Regulations the requirement to express information as a percentage shall be construed so that, where that number is not a whole number, it shall be rounded to the nearest whole number with those of half a percentage point or more being rounded upwards to the next whole number.

    (4) In these Regulations any reference to the statutory arrangements for the assessment of pupils at the end of any key stage means the arrangements made under Article 7[8] of the 1989 Order for the assessment of pupils in subjects at the end of that key stage and "statutory assessment" shall be construed accordingly.

Application
     4. These Regulations apply to all grant-aided schools.

General information to be published by education and library boards
    
5. The information required by Article 17(4) of the 1997 Order to be published by a board, in relation to its policy and arrangements concerning primary (including nursery) and secondary education and special educational provision in its area, shall be the information set out in Schedule 2.

Information to be published by Boards of Governors
    
6.  - (1) The information required by Article 17(3) of the 1997 Order to be published by a Board of Governors shall be -

    (2) The information mentioned in paragraph (1), in relation to each school year, shall be published in advance of that year.

    (3) The information mentioned in paragraph (1), in the case of a primary or a secondary school, shall be published not later than six weeks before the date up to which parents may express a preference for a school.

    (4) In the case of any school the information shall be published -

    (5) In the case of a special school the information mentioned in paragraph (1) shall also be published by copies being made available at the offices of the relevant board for distribution without charge to parents on request and for reference by any other person.

    (6) Where any information is to be published by a board with the agreement of the Board of Governors pursuant to Article 17(5) of the 1997 Order, that information shall be supplied to it by the Board of Governors and may not be altered except with the agreement of the Board of Governors.

    (7) The information mentioned in paragraph (6) may be published and made available by a board along with such other information as it sees fit.

Supplementary provisions
    
7.  - (1) This regulation applies to any published document containing such information or particulars as are mentioned in regulation 6.

    (2) Such a document shall state the school year to which the information or particulars it contains relates and, in relation to information or particulars relating to a school year subsequent to the school year in which the document is published, contain a warning that, though they were correct in relation to that year at a date specified in the document (not being earlier than 6 months before that of its publication) it should not be assumed that there will be no change affecting such information or particulars -

    (3) Where by virtue of any provision of these Regulations any duty is placed on a Board of Governors to publish or make available any information, and that information is not within its knowledge but is within the knowledge of the principal of that school, he shall supply it to the Board of Governors.

Information on charging and remissions policies, fees, etc.
    
8.  - (1) A board shall make available information consisting of particulars of the charging and remissions policies determined by it under Article 131 of the 1989 Order[9].

    (2) Copies of the information mentioned in paragraph (1) shall be made available for distribution without charge to parents on request, and for reference by any other person -

     9.  - (1) A Board of Governors shall make available information consisting of -

    (2) Copies of the information mentioned in paragraph (1) shall be provided at the school for reference by any person at all reasonable times on a school day and for distribution without charge to parents on request.

    (3) Where any significant change is made to the information mentioned in paragraph (1), the Board of Governors shall, not less than three months before the change is to take effect, take such steps as are reasonably practicable to secure that the parents of all pupils at the school concerned are informed of the change and of when it is to take effect.

Information to be given in the annual report of the Board of Governors to parents and the supply of that report
    
10.  - (1) The Board of Governors of every grant-aided school shall include in the annual report required to be prepared under Article 125(1) of the 1989 Order information consisting of:

    (2) The Board of Governors shall furnish a copy of the annual report -

Public access to documents and information
    
11.  - (1) The Board of Governors of every grant-aided school shall, where they have made any written statement under Article 10(1) of the 1989 Order (policy in relation to the curriculum for the school), furnish a copy thereof to the principal and to each member of the teaching staff at the school.

    (2) The principal of every grant-aided school shall make available on request to any person, at all reasonable times -

    (3) The requirement in paragraph (2) may be fulfilled by making available for inspection copies of any documents referred to in that paragraph, or of any documents containing the information referred to therein.

    (4) The principal of any grant-aided school shall, on request, supply a copy of any written statement of the Board of Governors referred to in paragraph (1) or of the annual report of the Board of Governors under Article 125(1) of the 1989 Order and may supply a copy of any document (except those which are copyright other than a document mentioned in paragraph (2)(c)) made available pursuant to paragraph (3).

    (5) The principal may make a charge (not exceeding the cost of production) in respect of any copy supplied under paragraph (4), other than a copy of the annual report of the Board of Governors supplied under Article 125(4)(a) of the 1989 Order.

Savings
     12.  - (1) Nothing in regulation 6 or 10 shall require or authorise the Board of Governors of a school to include examination results or assessment outcomes for pupils in the school in its prospectus or annual report, or otherwise to publish examination results or assessment outcomes, in such a manner as to reveal, or enable to be deduced, the examination results or assessment outcomes of any individual pupil.

    (2) Nothing in regulation 6 or 10 shall require or authorise the Board of Governors of a school to include examination results or assessment outcomes in its prospectus or annual report, or otherwise to publish examination results or assessment outcomes, in relation to pupils who are being educated in a special education unit attached to the school.



Sealed with the Official Seal of the Department of Education on


13th August 2003.

L.S.


Christine Jendoubi (Mrs)
Senior Officer of the Department of Education


SCHEDULE 1
Regulation 2


REVOCATIONS


Regulations revoked References
Education (School Information and Prospectuses) Regulations (Northern Ireland) 1993 S.R. 1993 No. 370
Education (School Information and Prospectuses) (Amendment) Regulations (Northern Ireland) 1994 S.R. 1994 No. 315
Education (School Information and Prospectuses) (Amendment No. 2) Regulations (Northern Ireland) 1994 S.R. 1994 No. 361
Education (School Information and Prospectuses) (Amendment) Regulations (Northern Ireland) 1996 S.R. 1996 No. 359
Education (School Information and Prospectuses) (Amendment) Regulations (Northern Ireland) 1997 S.R. 1997 No. 341
Education (School Information and Prospectuses) (Amendment) Regulations (Northern Ireland) 1998 S.R. 1998 No. 451



SCHEDULE 2
Regulation 5


GENERAL INFORMATION TO BE PUBLISHED BY A BOARD




PART I

miscellaneous matters

     1. The address and telephone number of the offices of the board to which enquiries in respect of primary (including nursery), secondary and special education in the area of that board should be addressed.

     2. The arrangements for parents to obtain the information set out in Schedule 3 and Schedule 4 in the case of individual schools.

     3. In respect of each relevant school -

     4. The board's arrangements for the transfer of a pupil between relevant schools other than special schools, at normal admission age and otherwise, including, in particular -

     5. In respect of a relevant primary school or secondary school -

     6. In respect of a relevant voluntary grammar school, particulars of any capital charge to be made by the Board of Governors in the school year to which the information relates.

     7. In respect of a relevant voluntary grammar school constituted under Schedule 7 to the 1986 Order, particulars of any tuition fee to be charged by the Board of Governors in the school year to which the information relates.

     8. The board's general arrangements in respect of transport to and from schools, including, in particular -

     9. The board's general arrangements in respect of schools other than voluntary grammar schools or grant-maintained integrated schools for the provision of milk, meals and other refreshments and facilities for the consumption of food brought to school by pupils including, in particular, the remission of charges.

     10. The board's general arrangements under its scheme for the provision of school clothing (including uniform) and, in particular, the address from which parents may obtain detailed information about the assistance which is available and eligibility under the scheme.

     11. The board's general arrangements and policies, in the case of pupils attending grant-aided schools, in respect of -

     12. The board's general arrangements and policies in respect of the making of special educational provision for pupils with special educational needs including, in particular, the arrangements for parents to obtain information about the matters mentioned in Part II.

     13. The arrangements for parents and other persons to obtain copies of and to refer to particulars of the charging and remissions policies determined by the board under Article 131 of the 1989 Order.

     14. Changes in respect of any matter mentioned in this Part which it has been determined will be made after the start of the school year to which the information relates.



PART II

special educational provision

     15. The board's detailed arrangements and policies in respect of -

     16. The arrangements for parents who consider that their child may have special educational needs to obtain advice and further information.

     17. The arrangements for parents to obtain the information specified in Schedule 3 in the case of the special schools used by the board, whether in its area or in other board areas.

     18. Changes in respect of any matter mentioned in this Part which it has been determined will be made after the start of the school year to which the information relates.



SCHEDULE 3
Regulation 6


INFORMATION RELATING TO INDIVIDUAL SCHOOLS (OTHER THAN NURSERY SCHOOLS) TO BE PUBLISHED BY THE BOARD OF GOVERNORS OF THE SCHOOL OR BY THE RELEVANT BOARD ON THEIR BEHALF


     1. The name, address, telephone number and, where appropriate, the fax number and email address of the school and the names of the principal and chairman of the Board of Governors.

     2. The expected number of pupils at the school and their age range.

     3. The classification of the school as -

so, however, that for the purposes of sub-paragraph (b) other terminology may be used.

     4. The arrangements for parents to obtain a copy of the information required to be published by the relevant board as set out in Schedule 2.

     5. Where there are specific arrangements for parents considering sending their child to the school to visit it, particulars of those arrangements.

     6.  - (1) In the case of a primary school or a secondary school, subject to sub-paragraphs (2), (3) and (4), the number of applications for admission to the school in respect of the school year in which the prospectus is published and in each of the previous two school years and the number of pupils admitted to the school in each of those three school years.

    (2) In the case of a grammar school which includes in its admission criteria the transfer procedure test grade achieved by pupils -

    (3) In the case of a school which is recognised by the Department as one which selects some of its pupils by reference to ability or aptitude and which includes in its admission criteria the transfer procedure test grade achieved by pupils -

    (4) For the purposes of sub-paragraph (1) an application is an application for admission to the school, in the case of a primary school to year 1 or to a reception class and in the case of a secondary school to year 8, which is not subsequently withdrawn before it is considered by the Board of Governors of the school.

     7.  - (1) Particulars relating to the school curriculum including -

    (2) In this paragraph, "specification", in relation to an external qualification, includes syllabus.

     8. Particulars relating to school hours and holidays, including -

for the school year to which the information relates.

     9. Without prejudice to paragraph 7, particulars of the religious education provided at the school and of the arrangements in respect of the exercise by the parents of a pupil of their rights under Article 21(5) of the 1986 Order in relation to the pupil's attendance at collective worship or religious education.

     10. Without prejudice to paragraph 7, particulars of special curricular and other arrangements made for particular classes or descriptions of pupil including pupils with special educational needs, and details of how parents may obtain a copy of the school's special educational needs policy.

     11. Particulars of the organisation of education at the school, especially in respect of the teaching of children of different ages and abilities together or in separate groups (either generally or in certain subjects) and a summary of the school's homework policy.

     12. In the case of a primary school the following information in relation to the school year before the school year in which the prospectus is published -

     13. In the case of a secondary school, the following information in relation to the school year before the school year in which the prospectus is published -

     14.  - (1) In the case of a secondary school, the following information -

    (2) The particulars referred to in sub-paragraph (1)(c) are, in the case of a grammar school -

    (3) The particulars referred to in sub-paragraph (1)(c) are, in the case of a secondary school which is not a grammar school -

    (4) The particulars referred to in sub-paragraph (1)(d) are -

    (5) For the purposes of -

     15. In the case of a secondary school, the information in sub-paragraphs (1) and (2) -

    (1) The total number of pupils enrolled in years 12, 13 and 14 on 31st October in the school year before the school year in which the prospectus is published and who left the school in the course of that school year;

    (2) The proportion of such pupils who -

expressed in each case as a percentage of the total number of pupils who left the school in accordance with sub-paragraph (1).

     16. Particulars of arrangements for pastoral care.

     17. The total number of days attended by pupils at the school in the school year before the school year in which the prospectus is published, expressed as a percentage of the total possible number of days of attendance by those pupils in that year.

     18. Details of how parents may obtain a copy of the school's anti-bullying and child protection policy statements, and details of arrangements whereby parents may make known to the school any concerns they may have about their child's safety.

     19. Details of how parents may obtain a copy of the school's discipline policy, and details of arrangements for bringing school rules to the attention of pupils and parents.

     20. A statement of the school's policy on education in relation to misuse of drugs.

     21. Details of sporting and extra-curricular societies and activities open to, and the facilities available to, pupils at the school.

     22. In the case of a voluntary grammar school or a grant-maintained integrated school, the general arrangements made for the provision of milk, meals and other refreshments and facilities for the consumption of food brought to school by the pupil including, in particular, the remission of charges.

     23. The policy or rules of the school, if any, in respect of the way in which pupils are to be dressed including, in particular, any recommendations or rules relating to the wearing of school uniform.

     24. Details of how parents may obtain a copy of the charging and remissions policies determined by the Board of Governors of the school under Article 131 of the 1989 Order.

     25. In the case of a voluntary grammar school, particulars of any capital charge to be made by the Board of Governors in the school year to which the information relates.

     26. In the case of a voluntary grammar school constituted under Schedule 7 to the 1986 Order, particulars of any tuition fee to be charged by the Board of Governors in the school year to which the information relates.

     27. Particulars about a school's participation in community activities and activities in relation to the Education for Mutual Understanding educational theme.

     28. Details of the processes in place for parents to discuss the educational progress of their children.

     29. Details of any special provision made, and facilities in place, for the teaching of children with special educational needs.

     30. Changes in respect of any matter mentioned in this Schedule which it has been determined will be made after the start of the school year to which the information relates.



SCHEDULE 4
Regulation 6


INFORMATION RELATING TO INDIVIDUAL NURSERY SCHOOLS TO BE PUBLISHED BY THE BOARD OF GOVERNORS OF THE SCHOOL OR BY THE RELEVANT BOARD ON THEIR BEHALF


     1. The name, address, telephone number and, where appropriate, the fax number and email address of the school and the names of the principal and of the chairman of the Board of Governors.

     2. The expected number of pupils at the school and their age range.

     3. The classification of the school as a controlled, Catholic maintained, other maintained, controlled integrated or grant-maintained integrated school.

     4. The arrangements for the admission of pupils to the school, and the criteria to be applied by the Board of Governors in selecting pupils for admission.

     5. Where there are specific arrangements for parents considering sending their child to the school to visit it, particulars of those arrangements.

     6. Particulars relating to the school hours and holidays including -

for the school year to which the information relates.

     7. A summary of the content of the school curriculum and how it is organised.

     8. Without prejudice to paragraph 7, particulars of special curricular and other arrangements made for particular classes or descriptions of pupil including pupils with special educational needs.

     9. Particulars of arrangements for pastoral care.

     10. General arrangements as to school discipline including, in particular, the arrangements for bringing school rules to the attention of pupils and parents.

     11. The policy or rules of the school, if any, in respect of the way in which pupils are to be dressed.

     12. A summary of the charging and remissions policies determined by the Board of Governors of the school under Article 131 of the 1989 Order.

     13. Changes in respect of any matter mentioned in this Schedule which it has been determined will be made after the start of the school year to which the information relates.



SCHEDULE 5
Regulation 3(1)


LIST OF EXAMINING BODIES


Assessment and Qualifications Alliance

Associated Board of the Royal Schools of Music

Awards Scheme Development and Accreditation Network

Edexcel

Northern Ireland Council for the Curriculum, Examinations and Assessment

Oxford, Cambridge and Royal Society of Arts Examinations Board

Welsh Joint Education Committee



EXPLANATORY NOTE

(This note is not part of the Regulations.)


The Regulations relate to the publication and provision of general information by Education and Library Boards and the publication of individual school prospectuses; they prescribe certain information to be included in Boards of Governors' annual reports. They will apply to all grant-aided schools, and will come into operation on 15th September 2003. They have effect in respect of information to be published in the 2003/04 school year and each subsequent one.

These Regulations revoke and replace the Education (School Information and Prospectuses) Regulations (Northern Ireland) 1993 and the subsequent amendments to those Regulations: Schedule 1 specifies the revoked Regulations.

Regulation 5 imposes on each Education and Library Board obligations to publish general information about administrative policies and arrangements for primary (including nursery), secondary and special education in its area as set out in Schedule 2. This information shall include, in relation to certain grammar schools, details of any capital or tuition fee chargeable.

Regulation 6 requires the Board of Governors of every grant-aided school to publish a school prospectus containing the information set out in Schedule 3 or Schedule 4 as appropriate. The information to be published includes information about the school's curriculum, school hours and holidays, pupils' attendance rate, the number of applications for admission to the school and number of pupils actually admitted, and the performance of pupils in the statutory assessments at the ends of Key Stages. In relation to secondary schools, the requirements include a range of information in relation to public examinations and qualifications and the destinations of school leavers.

In relation to public examinations and assessment outcomes, schools are required to publish details of their results for the school year prior to that in which the prospectus is published. Secondary schools must also publish information to be supplied to them by the Department on their public examination results in the three school years prior to that year.

Schools are also required to include in their prospectus a statement of their policy in relation to drugs, information about arrangements for pastoral care, how parents may obtain a copy of the school's anti-bullying, child protection, school discipline and special educational needs policy statements, details of how parents may make known any concerns about their child's safety, and details of how parents may discuss with teachers the educational progress of their children. Schools are also required to include details of pupils' participation in community activities and activities in relation to the Education for Mutual Understanding educational theme.

The Regulations also require that:

Regulation 7 contains supplementary provisions in relation to published material. In particular, the prospectus must show the school year to which its information relates. It must also make clear that although the information was correct at the date specified, there may be some later changes (regulation 7(2)).

Boards are required to make available information about their charging and remissions policies under Article 131 of the Education Reform (Northern Ireland) Order 1989 (regulation 8).

Information about the individual school's charging and remissions policies and the operative times of a school day must be available at each school for reference purposes and for distribution on request (regulation 9(1) and (2)). In the case of certain grammar schools, this information must include details of any capital or tuition fee chargeable.

Boards of Governors are required to take all reasonable steps to ensure that information about any significant change to their charging and remissions policies, fees chargeable and the operative times of the school day is brought to the attention of parents of pupils at the school not later than three months before the change is to take effect (regulation 9(3)).

Regulation 10 requires Boards of Governors to include in their annual report information about the public examinations taken by pupils at the school, public examination results, the destinations of school leavers, the annual attendance rate and the provision of careers guidance in the year to which the annual report relates. They are also required to publish certain information on the average performance in public examinations of pupils in Northern Ireland schools for the school year prior to that year, also to be supplied by the Department.

Copies of the annual report are to be supplied to the relevant board in the case of a controlled or maintained school, to the Council for Catholic Maintained Schools in the case of a Catholic maintained school, and, in the case of any other voluntary or any grant-maintained integrated school, to the Department (regulation 10(2)).

The Regulations also require schools to make available for inspection and copying, on request, certain administrative information on curricular matters (regulation 11). In relation to copies of certain documents the principal of a school may make a charge, not exceeding the cost of production, for their supply (regulation 11(6)).

Regulation 12 provides that a Board of Governors may not publish examination results or assessment outcomes in such a way as to enable the results of an individual pupil to be revealed or deduced, or to publish such information in respect of any pupils being educated in a special education unit attached to the school.


Notes:

[1] S.I. 1989/2406 (N.I. 20); Article 137(5) was amended by Part II of Schedule 4 to the Education and Libraries (Northern Ireland) Order 1993, (S.I. 1993/2810 (N.I. 12))back

[2] S.I. 1997/866 (N.I. 5)back

[3] Article 31(4) was amended by Part II of Schedule 5 to the Education (Northern Ireland) Order 1996, (S.I. 1996/274 (N.I. 1))back

[4] S.R. 1993 No. 370 as amended by S.R. 1994 No. 315, S.R. 1994 No. 361, S.R. 1996 No. 359, S.R. 1997 No. 341 and S.R. 1998 No. 451back

[5] Article 7(5) was substituted by Part I of Schedule 5 to the Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13))back

[6] S.I. 1986/594 (N.I. 3)back

[7] S.I. 1998/1759 (N.I. 13)back

[8] Article 7(2) was amended by Article 35(2) of the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))back

[9] Article 131 of the 1989 Order was amended by the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705), Tax Credits Act 1999 (c. 10) and Tax Credits Act 2002 (c. 21)back

[10] Article 33 was amended by the Education and Libraries (Northern Ireland) Order 1993 (S.I. 1993/2810 (N.I. 12)), the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)) and the Education (Northern Ireland) Order 1997 (S.I. 1997/866 (N.I. 5))back



ISBN 0 33795192 6


  © Crown copyright 2003

Prepared 19 August 2003


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URL: http://www.bailii.org/nie/legis/num_reg/2003/20030378.html