Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003

Year2003

2003 No. 1038

EDUCATION, ENGLAND

The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003

Made 7th April 2003

Coming into force 1st May 2003

In exercise of the powers conferred on the Secretary of State by sections 87(3)(c), (7), (9), (10) and (11) and 210(7) of the Education Act 20021, the Secretary of State for Education and Skills hereby makes the following Order:

S-1 Citation, commencement and application

Citation, commencement and application

1.—(1) This Order may be cited as the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 and shall come into force on 1st May 2003.

(2) The provisions of this Order apply for the purpose of ascertaining the achievements in the core subjects of pupils who have completed the programme of study for the second key stage.

(3) This Order applies to maintained schools (other than those established in hospitals) in England.

S-2 Revocation

Revocation

2. The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 19992, and the Education (National Curriculum) (Assessment Arrangements) (England) (Amendment) Order 20013, are hereby revoked.

S-3 Interpretation

Interpretation

3.—(1) In this Order—

“the associated documents” means the documents published by her Majesty’s Stationery Office, setting out any levels of attainment, attainment targets and programmes of study in relation to the core subjects, which documents have effect by virtue of the respective section 87(3)(a) and (b) orders for those subjects for the time being in force4;

“AT” means attainment target;

“the Authority” means the Qualifications and Curriculum Authority established under section 21 of the Education Act 19975;

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

“external marking agency” means a body nominated by the Authority and approved by the Secretary of State to mark NC tests;

“NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the level of attainment which they have achieved in any of the core subjects;

“NC assessment 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 the Authority6;

“record of the results”, for the purposes of articles 5 and 7, means a record of the results of a pupil in respect of the NC tests administered to him under article 5, consisting of a statement of each level of attainment achieved by the pupil;

“section 87(3)(a) and (b) orders” means orders made or which have effect as if they were made under section 87(3)(a) or (b) of the Education Act 2002 specifying attainment targets and programmes of study;

“specified” means specified in relation to the second key stage by a section 87(3)(a) and (b) order;

“summer term” means the final term in the school year.

(2) References to the second key stage are, subject to the operation of section 82(2) to (5) of the Education Act 2002, references to the period set out in paragraph (b) of section 82(1) of that Act.

(3) 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.

(4) 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 one half being rounded upwards to the next whole number.

S-4 Teacher assessment

Teacher assessment

4.—(1) It shall be the duty of the head teacher to make arrangements for each pupil to be assessed by a teacher in each core subject during the summer term in accordance with the provisions of this article and for a record of the results to be made by that teacher.

(2) The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each AT specified for each core subject which applies to him and, except where article 9(3) applies, in the subject as calculated in accordance with article 8.

(3) The pupil shall be assessed and the results of the assessment recorded by the teacher not later than two weeks before the end of the summer term or 4th July falling in that term, if earlier.

(4) The results recorded 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 second key stage by the relevant section 87(3)(a) and (b) order) in relation to every AT mentioned in paragraph (2) and, except where article 9(3) applies, of his level in the subject so calculated.

(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).

S-5 NC test assessment

NC test assessment

5.—(1) It shall be the duty of the head teacher to make arrangements for each pupil to whom this article applies in respect of any core subject to be assessed in that subject in accordance with the provisions of paragraph (3).

(2) This article applies to a pupil in respect of a core subject if, in the opinion of his head teacher, his level of attainment in that subject, if he were to be assessed by the administration to him of NC tests in accordance with the provisions of paragraph (3), would be level 3 or higher.

(3) Where this article applies to a pupil in respect of a core subject NC tests shall...

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