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United Kingdom Statutory Instruments
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STATUTORY INSTRUMENTS

2003 No. 1327

EDUCATION, ENGLAND

The Education (National Curriculum) (Foundation Stage Profile Assessment Arrangements) (England) Order 2003

  Made 14th May 2003 
  Coming into force 1st June 2003 

In exercise of the powers conferred on the Secretary of State by sections 87(2)(c), (5), (6), (9) and (10) and 210(7) of the Education Act 2002[1], the Secretary of State for Education and Skills hereby makes the following Order:

Citation, commencement and application
     1.  - (1) This Order may be cited as the Education (National Curriculum) (Foundation Stage Profile Assessment Arrangements) (England) Order 2003 and shall come into force on 1st June 2003.

    (2) The provisions of this Order apply to maintained schools, maintained nursery schools and persons providing funded nursery education under the arrangements mentioned in section 77(2)(b) of the Act.

Interpretation
     2.  - (1) In this Order-

Timing of assessment
     3.  - (1) Subject to paragraph (2), a foundation stage profile shall be completed in respect of children in the final year of the foundation stage in accordance with article 4 during the final term of the foundation stage.

    (2) Where for reasons outside the control of the responsible person the foundation stage profile in relation to a child cannot be completed within the period in paragraph (1) it shall be completed as soon as practicable thereafter.

Practitioner assessment
     4.  - (1) It shall be the duty of the responsible person in a foundation stage setting to make arrangements for each child in respect of whom article 3 applies to be assessed throughout the year by a practitioner in relation to each of the areas of learning and early learning goals, to enable a foundation stage profile and a record of attainment to be completed in the final term in accordance with the provisions of this Order.

    (2) The purpose of the assessment shall be to determine the level of attainment achieved by the child in each of the areas of learning and the early learning goals that apply to him and to complete a foundation stage profile of the child.

    (3) The record of attainment shall consist of the statement of the level of achievement attained by the child on each of the assessment scales in relation to each of the early learning goals set out in the Document.

    (4) A foundation stage profile shall be completed in relation to each child referred to in article 3 and a record of attainment made by the practitioner by the end of the final term of the foundation stage and not later than 4th July falling in that term if earlier.

    (5) Practitioners who are responsible for the completion of foundation stage profiles and responsible persons who are responsible for ensuring the proper conduct of such profiles shall have regard to the Document in conducting the assessment of children and in relation to the completion of foundation stage profiles.

Monitoring of assessment arrangements
     5.  - (1) The relevant local education authority (referred to in this article as "the monitoring authority") shall make provision for the monitoring of the assessment process undertaken pursuant to article 4.

    (2) The monitoring authority shall have regard to the Document in the exercise the functions conferred on it by this article.

    (3) The monitoring authority shall exercise the functions conferred on it by this article in any school year in relation to all relevant foundation stage settings.

    (4) For the purposes of this article, relevant foundation stage settings comprise all foundation stage settings maintained or funded by the monitoring authority at which in any school year foundation stage profile assessments are administered to children under article 4.

    (5) It shall be the duty of the responsible person and of the governing body of a maintained school or maintained nursery school-

Provision of information to parents
     6. The responsible person in a foundation stage setting shall have the functions set out in Part 1 of the Schedule in relation to the provision of information to the parent of a child in respect of whom the provisions of this Order apply.

Provision of information to the local education authority and to a child's new school
     7. The responsible person in a foundation stage setting shall have the functions set out in Part 2 of the Schedule in relation to the provision of information to the local education authority and, where a child ceases to be registered at the foundation stage setting during the final year of the foundation stage, to a child's new school.

Provision of information by the local education authority to the Secretary of State
     8. Every local education authority shall have the functions set out in Part 3 of the Schedule in relation to the provision of information to the Secretary of State.


Catherine Ashton
Parliamentary Under Secretary of State, Department for Education and Skills

14th May 2003



THE SCHEDULE
Articles 6, 7 and 8



PART 1

INFORMATION TO BE PROVIDED TO PARENTS

     1. It shall be the function of the responsible person in each foundation stage setting:

     2. The offer to report to the parent and to discuss progress referred to in paragraph 1 shall be made within the school term in which the foundation stage profile was completed and the responsible person shall secure that any resulting discussion takes place within that term or as soon thereafter as is reasonably practicable.



PART 2

NOTIFICATIONS TO BE GIVEN TO THE RELEVANT LOCAL EDUCATION AUTHORITY AND TO A CHILD'S NEW SCHOOL

     3. Save in respect of paragraph 5 it shall be the function of the responsible person in each foundation stage setting to give the following notifications in writing to the relevant local education authority-

     4. A notification required by sub-paragraph 3(a) shall be given by a date specified by the local authority after the date for completion of foundation stage profiles pursuant to article 4(3).

     5. A notification in respect of a child who ceases to be registered at the foundation stage setting during the final year of the foundation stage shall be addressed to the school notified by its head teacher as the child's new school and shall be given not later than 15 working days after notification is received from the new school-

     6. A notification under sub-paragraph 3(a) or under paragraph 5(a) shall include the following information pertaining to the child to whom the foundation stage profile relates-



PART 3

NOTIFICATIONS TO BE GIVEN TO THE SECRETARY OF STATE BY RELEVANT LOCAL EDUCATION AUTHORITIES

     7. Every local education authority shall have the functions of receiving and keeping the notifications made to it under Part 2 of this Schedule.

     8. Every local education authority shall provide the Secretary of State, in a format specified by the Secretary of State, with the information notified to it pursuant to paragraph 3(a) of this Schedule by a date specified by the Secretary of State following the end of the school year in which the foundation stage profiles were completed.


EXPLANATORY NOTE

(This note is not part of the Regulations)


This Order made under Section 87 of the Education Act 2002 specifies the assessment arrangements in relation to the foundation stage which became part of the National Curriculum under that Act. It applies in respect of children who are in the final year of the foundation stage attending maintained schools, maintained nursery schools and non-maintained nursery education settings funded by a local education authority.

The Order provides that children in the final year of the foundation stage shall be assessed throughout that year in relation to their levels of attainment in each of the areas of study for which early learning goals have been specified pursuant to an Order made under section 87(2)(a) of the Education Act 2002 and that a foundation stage profile shall be completed for each child in the final term of that year. This shall be in the form of a record of attainment based on progress against the prescribed assessment scales that relate to each of the early learning goals.

Practitioners and others who are responsible for conducting foundation stage profiles are required to have regard to guidance issued by the Qualifications and Curriculum Authority[5] entitled 'The Foundation Stage Profile Handbook' in relation to their assessment of the child's progress and completion of the foundation stage profile. The behaviours which should be assessed in order to complete the foundation stage profile are set out in the guidance.

Local education authorities are required to monitor the way in which the assessments and foundation stage profiles are being conducted by teachers to ensure consistency and proper implementation of the statutory provisions.

The Order also requires details of the results of the foundation stage profile assessments and related information set out in the Schedule to the Order to be provided to parents and to the local education authority and by the local education authority to the Secretary of State at the end of each school year.

Notes:

[1] 2002 c. 32.back

[2] 1996 c. 56.back

[3] The document can be obtained from QCA Publications, P O Box 99, Sudbury, Suffolk CO10 2SN, reference QCA/2003/1006.back

[4] S.I. 2003/391.back

[5] The Qualification and Curriculum Authority was established under section 21 of the Education Act 1977 (c. 44).back


ISBN 0 11 046138 X


 
© Crown copyright 2003
Prepared 22 May 2003

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URL: http://www.bailii.org/uk/legis/num_reg/2003/20031327.html