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Statutory Instruments made by the National Assembly for Wales


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2002 No. 1187 (W.135)

EDUCATION, WALES

The Education Development Plans (Wales) Regulations 2002

  Made 25th April 2002 
  Coming into force 26th April 2002 

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred by sections 6(4) and (5), 7(1) and (9) and 138(7) and (8) of the School Standards and Framework Act 1998[1] and now vested in the National Assembly for Wales[2]: - 



PART I

GENERAL

Name, commencement and application
     1.  - (1) These Regulations are called the Education Development Plans (Wales) Regulations 2002 and shall come into force on 26th April 2002.

    (2) These Regulations apply only in relation to local education authorities in Wales.

    (3) These Regulations apply only in respect of 2002 - 05 full plans and subsequent plans (whether full or supplementary).

Revocation and saving
    
2.  - (1) These Regulations revoke the Education Development Plans (Wales) Regulations 1999[3].

    (2) The revocation of the regulations at (1) above is without prejudice to the continued validity of plans already made under those regulations.

Interpretation
     3.  - (1) In these Regulations, unless the context otherwise requires - 

approved under section 99 of the Learning and Skills Act 2000.

    (2) In these Regulations a reference - 

unless the context requires otherwise.

    (3) Any reference in these Regulations to a pupil achieving - 

by the end of a school year, shall be construed as a reference to that pupil achieving that grade or qualification in the school year in which he or she - 

Period to which the statement of proposals must relate
     4.  - (1) The statement of proposals in the first full plan prepared under these Regulations (referred to in these Regulations as "the 2002 - 05 full plan") must relate to a period of three school years beginning on 1st September 2002.

    (2) The statement of proposals in a subsequent full plan must relate to a period of three school years, beginning at the expiration of the period of the most recent previous full plan.

    (3) The statement of proposals in a first supplementary plan must relate to a period of two school years beginning at the expiration of the first school year in the period of the most recent full plan.

    (4) The statement of proposals in a second supplementary plan must relate to a period of - 

Intervals at which education strategic plans must be prepared and submission of plans to the National Assembly
    
5.  - (1) Education strategic plans must be prepared each year.

    (2) Each authority must submit their 2002 - 05 full plan to the National Assembly on or before 31st May 2002.

    (3) Each authority must submit a subsequent plan (whether full or supplementary) to the National Assembly on or before 30th April preceding the first day of that plan.

Publication of the education strategic plan
    
6.  - (1) Each authority must publish a full copy of their approved plan by - 

on or before the first day of the plan, or as soon as reasonably practicable after the plan has been approved, if later.

    (2) Each authority must provide a copy of their approved plan, or a summary version thereof, to - 

    (3) In this regulation "approved plan" means a full, supplementary or modified education strategic plan, in which the statement of proposals has been approved under section 7(2) or 7(8) of the 1998 Act, and "approved" in relation to such a plan shall be construed accordingly.

    (4) The requirement in paragraph (2)(a) shall be deemed to be satisfied if the authority have notified the persons referred to in that paragraph that the authority's approved plan or a summary version thereof is available on a website which the authority maintain on the Internet.



PART II

FULL PLANS  -  STATEMENT OF PROPOSALS

Priorities for school improvement
    
7. The statement of proposals in a full plan shall - 

Pupils with special educational needs
    
8. The statement of proposals in a full plan shall - 

Promotion of racial awareness
    
9. The statement of proposals in the full plan relating to the three school years beginning on 1st September 2005 and in subsequent full plans shall - 

Pupils who are children looked after by a local authority
    
10. The statement of proposals in a full plan shall - 

Targets
    
11.  - (1) In the statement of proposals in a full plan the authority shall set targets for the first and second years in the period of the plan in connection with the matters referred to in paragraph (2).

    (2) The matters referred to in paragraph (1) are - 

Pupils in the second key stage
    
12.  - (1) The achievements of second key stage pupils referred to in regulation 11 are the achievements set out in paragraph (2) in connection with the performance of the relevant group of such pupils in NC tests to be administered to that group at or near the end of each of the school years in respect of which the target is to be set.

    (2) The achievements referred to in paragraph (1) are - 

    (3) In this regulation, "the relevant group of such pupils", in relation to a school year, means all persons who the authority estimate will, in that school year - 

Pupils in the third key stage
    
13.  - (1) The achievements of third key stage pupils referred to in regulation 11 are the achievements set out in paragraph (2) in connection with the performance of the relevant group of such pupils in NC tests to be administered to that group at or near the end of each of the school years in respect of which the target is to be set.

    (2) The achievements referred to in paragraph (1) are - 

    (3) In this regulation, "the relevant group of such pupils", in relation to a school year, means all persons who the authority estimate will, in that school year - 

Pupils who will attain the age of 16 years
    
14.  - (1) The achievements of pupils who will attain the age of 16 years referred to in regulation 11 are the achievements referred to in paragraph (2) in connection with the performance of the relevant group of pupils who will attain the age of 16 years in examinations by the end of each of the school years in respect of which the targets are being set.

    (2) The achievements referred to in paragraph (1) are - 

    (3) The references to pupils - 

    (4) The Schedule shall have effect for determining, for the purposes of this regulation, questions as to - 

    (5) In this regulation and in regulation 15, "the relevant group of pupils who will attain the age of 16 years", in relation to a school year, means all persons who the authority estimate - 

     15. The percentage of pupils not entered for examinations referred to in regulation 11 is the percentage of the relevant group of pupils who will attain the age of 16 years, as defined in regulation 14, in the authority's area who are not to be entered for any GCSE examination, GCSE short course examination, vocational qualification award or ELQ.

Targets for permanent exclusions
    
16.  - (1) The number of permanent exclusions referred to in regulation 11 is the maximum number of occasions on which the authority estimate pupils will be permanently excluded from schools maintained by the authority, other than any school situated in a hospital.

    (2) In this regulation and in regulation 17, "excluded" shall be interpreted in accordance with section 64(4) of the 1998 Act.

Targets for fixed term exclusions
    
17. The fixed term exclusions referred to in regulation 11 are - 

the authority estimate that pupils will be excluded for a fixed term from schools maintained by the authority, other than any school situated in a hospital.

Targets for unauthorised absences
    
18.  - (1) The unauthorised absence rate referred to in regulation 11 is the unauthorised absence rate for each of the school years in respect of which the target is being set, in schools maintained by the authority which provide secondary education, other than special schools and any school situated in a hospital.

    (2) In this regulation - 

Information used by an authority in the setting of targets
     19. The statement of proposals in a full plan shall - 



PART III

FULL PLAN-ANNEXES

Local education authority context
    
20. The annexes to a full plan shall include a statement by the authority giving a description of the key characteristics of the authority which the authority consider relevant to the improvement of, and the raising of standards in, schools in their area.

Resources
    
21. The annexes to a full plan shall include a table showing the authority's planned expenditure, to be deducted from their local schools budget, for the financial year in which the first day of the plan falls, in respect of the priorities set out in the statement of proposals in accordance with regulation 7(a), broken down by reference to expenditure in the following categories - 

Information on pupils with special educational needs
    
22.  - (1) The annexes to a full plan shall include a table showing - 

    (2) The annexes to a full plan shall include - 

    (3) In this regulation - 

Information on pupils from ethnic minorities
     23.  - (1) The annexes to all full plans shall describe the arrangements for the provision of English as an additional language for those pupils whose first language is not English or Welsh, in the school year immediately preceding the first year of the plan in question.

    (2) The annexes to all full plans, other than to a 2002 - 05 full plan, shall include, in respect of the school year immediately preceding the first year of the plan in question - 

as shown in the Schools' Census return submitted to the National Assembly by the authority.

Information on children who are looked after by a local authority
    
24. The annexes to a full plan shall include a statement describing the authority's arrangements for monitoring educational standards achieved by pupils who are looked after children.

Information on pupils who are travellers' children
    
25.  - (1) The annexes to all full plans other than a 2002 - 05 full plan shall, in relation to the school year immediately preceding the first year of the plan in question - 

    (2) The annexes to all full plans shall in relation to the school year immediately preceding the first year of the plan in question, set out the arrangements which the authority have in place for supporting pupils who are travellers' children.

Monitoring and evaluating
    
26.  - (1) The annexes to a full plan shall include - 

    (2) In this regulation references to a full plan include any modifications made to that plan under section 7 of the 1998 Act.

Consultation by the authority
    
27. The annexes to a full plan shall include a description of the consultation undertaken by the authority in preparing the plan including, in particular - 

Structure of the authority
    
28. The annexes to a full plan shall include a description of - 



PART IV

SUPPLEMENTARY PLANS

School improvement
    
29. The statement of proposals contained in a supplementary plan shall include a summary by the authority of the steps they propose to take in respect of any actual or expected shortcomings in meeting their targets in the preceding plan, whether full or supplementary.

Targets
    
30.  - (1) In the statement of proposals contained in a supplementary plan the authority shall set targets in connection with the matters referred to in paragraph (2) as follows - 

    (2) The matters referred to in paragraph (1) are - 

except that in each of the regulations referred to the words "regulation 30" shall be substituted for the words "regulation 11".

Promotion of racial awareness
    
31. The statement of proposals contained in the supplementary plan relating to the two school years beginning on 1st September 2003 shall - 

Monitoring and evaluation
    
32.  - (1) The annexes to a supplementary plan shall include - 

    (2) The annexes to the supplementary plan relating to the two school years beginning on 1st September 2003 shall contain a report on the authority's activities towards promoting racial awareness in schools and preventing and addressing racism in schools.

    (3) In this regulation references to a plan include any modifications made to that plan under section 7 of the 1998 Act.

Pupils with Special Educational Needs
    
33. The annexes to a supplementary plan shall show - 

Pupils from ethnic minorities
    
34. The annexes to the supplementary plan relating to the two years beginning on 1st September 2003 shall include, in relation to the school year beginning on 1st September 2002 - 

as shown in the Schools' Census return submitted to the National Assembly by the authority.

Pupils who are travellers' children
    
35. The annexes to the supplementary plan relating to the two school years beginning on 1st September 2003 shall, in respect of the school year beginning on 1st September 2002 - 



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
12].


D. Elis-Thomas
The Presiding Officer of the National Assembly

25th April 2002



SCHEDULE
(Regulation 14)


(Supplementary provisions about performance targets and attainment results for pupils)


     1.  - (1) For the purposes of regulation 14, questions as to - 

shall be determined in accordance with sub-paragraphs (2) to (8).

    (2) A full Intermediate GNVQ, or an NVQ at level 2, shall be treated as equivalent to grade A* to C in four GCSE subjects.

    (3) A full Foundation GNVQ, or an NVQ at level 1, shall be treated as equivalent to grade D to G in four GCSE subjects.

    (4) A Part One GVNQ (Intermediate level) shall be treated as equivalent to grade A* to C in two GCSE subjects.

    (5) A Part One GNVQ (Foundation level) shall be treated as equivalent to grade D to G in two GCSE subjects.

    (6) A GNVQ Language Unit (Intermediate level), shall be treated as equivalent to grade A* in half a GCSE subject.

    (7) A GNVQ Language Unit (Foundation level) shall be treated as equivalent to grade D in half a GCSE subject.

    (8) A grade in an examination relating to a GCSE short course shall be treated as equivalent to that grade in half a GCSE subject.

     2. For the purposes of setting the targets specified in regulation 11, any reference in this Schedule to the achievement or award of - 

shall be construed as if it were a reference to the award or achievement of a grade or qualification by the end of the school year in relation to which such targets are required to be set by virtue of that regulation.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations revoke the Education Development Plans (Wales) Regulations 1999 with a saving in respect of the validity of existing plans, and apply in relation to local education authorities in Wales.

Section 6 of the School Standards and Framework Act 1998 requires every local education authority to prepare an education development plan (known in Wales as an education strategic plan) for their area.

These Regulations make provision with respect to full plans covering a period of 3 years and supplementary plans for the second and third years of the period of the full plan, including the period to which the statement of proposals contained in the plans must relate (regulation 4), the intervals at which the plans must be prepared and the date by which plans must be submitted to the National Assembly for Wales (regulation 5) and provisions as to publication of plans and supply of copies (regulation 6).

Part II of the Regulations sets out matters with which the statement of proposals in a full plan must deal. These include the authority's priorities for raising standards, activities to be undertaken to address those priorities and the setting of progress targets in respect of those priorities (regulation 7); the authority's policy for pupils with special educational needs, activities to promote those policies and the setting of progress targets in respect of those priorities (regulation 8); the authority's policy on the promotion of racial awareness and their strategy for addressing racism in schools (in full plans from 2005 onwards) (regulation 9); the authority's policy on education for looked after children (regulation 10); the setting of targets for the first and second years of the plan (regulation 11); achievements in respect of which targets must be set for pupils in the second and third key stages and for pupils who will attain the age of 16 years (regulations 12, 13 and 14); targets for examination entries for pupils who will attain the age of 16 years (regulation 15); targets for permanent and fixed term exclusions and for unauthorised absences (regulations 16, 17 and 18); and a summary of the information used by the authority in setting their targets (regulation 19).

Part III of the Regulations sets out the material which the annexes to a full plan must contain. These include a description of the key characteristics of the authority (regulation 20); a table showing the authority's use of resources in support of a full plan (regulation 21); a table showing supplementary information on children with special educational needs and a description of the authority's arrangements for monitoring the educational standards of such children (regulation 22); information on pupils from ethnic minorities (in full plans from 2005 onwards) (regulation 23); supplementary information on looked after children (regulation 24); information on pupils who are travellers' children and the authority's arrangements in support of such pupils (in full plans from 2005 onwards) (regulation 25); an explanation of the authority's proposals for monitoring their performance under the plan (regulation 26); a description of the consultation undertaken by the authority in preparing the plan (regulation 27); and a description of the authority's committee and organisational structure (regulation 28).

Part IV of the Regulations sets out the requirements for supplementary plans. These include a summary of proposed steps to address any shortcomings in meeting targets (regulation 29); a statement of proposals containing an update of all the authority's targets for the forthcoming two years (regulation 30); the authority's policy on the promotion of racial awareness and their strategy for addressing racism in schools, in relation only to the supplementary plan for 2003 - 05 (regulation 31); an annex containing the authority's assessment of the extent to which targets have been met (regulation 32); an annex containing statistical information on pupils with special educational needs (regulation 33); information on pupils from ethnic minorities (in the supplementary plan for 2003 - 05 only) (regulation 34); and information on pupils who are travellers' children and the authority's arrangements in support of such pupils (in the supplementary plan for 2003 - 05 only) (regulation 35).


Notes:

[1] 1998 c.31. For the meaning of "prescribed" and "regulations" see section 142(1).back

[2] See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

[3] S.I. 1999/1439.back

[4] 1996 c.56.back

[5] S.I. 1999/1811.back

[6] 2000 c. 21.back

[7] S.I. 1999/101 as amended by S.I. 2000/911(W.40), S.I. 2001/495 (W.22) and S.I. 2002/136 (W.19).back

[8] 1989 c.41.back

[9] The appropriate orders currently in force are the Education (National Curriculum)(Assessment Arrangements for English, Welsh, Mathematics and Science)(Key Stage 2)(Wales) Order 1997, S.I. 1997/2009, as amended by S.I. 1998/1977 and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (Wales) Order 1997, S.I. 1997/2010, as amended by S.I. 1998/1976 and S.I. 2001/889 (W.40).back

[10] S.I. 1995/2089, as amended by S.I. 1997/2624, S.I. 1999/2267 and S.I. 2001/1109 (W.53).back

[11] Section 332A was inserted by section 2 of the Special Educational Needs and Disability Act 2001 (c.10).back

[12] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11 090485 0


  Prepared 10 May 2002


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URL: http://www.bailii.org/wales/legis/num_reg/2002/20021187e.html