These Regulations are the Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Regulations 2005

These Regulations commence, or are taken to have commenced, as follows:

(a) on 1 October 2005 — Parts 1 and 4;

(b) on the first day on which subsection 140 (2) of the Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Act 2004 is complied with — Parts 2 and 3.

Note Subsection 140 (2) of the Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Act 2004 provides that regulations made for the purposes of section 14, 15, 19, 31, 32 or 36 of that Act take effect not earlier than on the first day on which they are no longer liable to be disallowed, or to have been taken to have been disallowed, under the Legislative Instruments Act 2003.

1.3 Definitions

In these Regulations:

Act means the Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Act 2004.

language conventions means:

(a) for the application of a provision of these Regulations in relation to the program year 2005, 2006 or 2007 — spelling; and

(b) for the application of a provision of these Regulations in relation to the program year 2008 — spelling, grammar and punctuation.

Note For 2008, the elements of spelling, grammar and punctuation will be assessed through a single national test on language conventions.

MCEETYA means the Ministerial Council on Education, Employment, Training and Youth Affairs.

parent means a parent, guardian or other person who has care and control of a child.

Part 2 General provisions relating to grants — government schools

2.1 Performance targets

(1) For paragraphs 14 (1) (b) and 19 (3) (f) of the Act, the performance targets are that, in each program year:

(a) all students in Year 3 will achieve the national benchmarks for reading, writing and language conventions for Year 3 mentioned in Part 7 of Schedule 1; and

(b) all students in Year 3 will achieve the national benchmark for numeracy for Year 3 mentioned in Part 7 of Schedule 1; and

(c) all students in Year 5 will achieve the national benchmarks for reading, writing and language conventions for Year 5 mentioned in Part 7 of Schedule 1; and

(d) all students in Year 5 will achieve the national benchmark for numeracy for Year 5 mentioned in Part 7 of Schedule 1; and

(e) all students in Year 7 will achieve the national benchmarks for reading, writing and language conventions for Year 7 mentioned in Part 7 of Schedule 1; and

(f) all students in Year 7 will achieve the national benchmark for numeracy for Year 7 mentioned in Part 7 of Schedule 1.

(2) However, it is recognised that the performance targets may not be met in respect of the very small percentage of students who have severe educational disabilities.

2.2 Conditions of financial assistance — performance measures

For paragraph 14 (1) (b) of the Act, the performance measures are specified in Parts 1 to 6 of Schedule 1.

2.3 Student reports

(1) For paragraph 15 (f) of the Act, a student report must specify, for each program year, a required framework for relative and comparative reporting of a child’s progress and achievement against the performance of the child’s peer group at the school.

(2) For subregulation (1):

(a) if the child undertakes a standard assessment in reading, writing, language conventions and numeracy at Year 3,
5, 7 or 9, one of the student reports for the program
year must include the result of that assessment against appropriate national benchmarks; and

(b) if the child undertakes a standard assessment in reading, writing, language conventions and numeracy at Year 3,
5, 7, or 9, one of the student reports for the program
year must include the result of that assessment against achievement levels or bands; and

(c) if the child undertakes a standard assessment in reading, writing, language conventions and numeracy at Year 3, 5, 7, or 9, one of the student reports for the program year must include the average achievement of the child’s peer group at the school against achievement levels or bands; and

(d) the student report must include, for subjects studied, an assessment against achievement levels or bands defined by the education authority or school, being levels or bands that:

(i) must be labelled as A, B, C, D, E (or an equivalent); and

(ii) should be clearly defined against specific learning standards; and

(e) the student report must also include, for subjects studied, the child’s achievement relative to the achievement of the child’s peer group at the school by at least quartile bands.

(3) The information mentioned in paragraph (2) (e) must be presented in a way that does not interfere with the privacy of an individual.

Note The Privacy Act 1988 and the related Information Privacy Principles should be consulted to ensure that information does not interfere with an individual’s privacy.

(4) A student report is taken to comply with subregulation (1) if it is prepared in compliance with any arrangements approved by the Minister for this subregulation.

(5) In this regulation:

(a) the peer group of a child in a school is all children at the school who are undertaking the same year level as the child in a year; and

(b) a standard assessment is a standardised assessment program which can be included in an agreed national process to enable nationally comparable reporting of literacy and numeracy achievement against the national literacy and numeracy benchmarks.

2.4 Educational accountability — performance information (form)

(1) For paragraph 19 (1) (b) of the Act, performance information for the performance measures mentioned in items 101 to 112 of Schedule 1 must be in a form that enables the publication of the information for the relevant program year, for Australia, disaggregated:

(a) by State and Territory; and

(b) for each State and Territory — by the following characteristics of students:

(i) sex;

(ii) Indigenous status;

(iii) socio‑economic background;

(iv) language background;

(v) geographic location.

(2) For paragraph 19 (1) (b) of the Act, performance information for the performance measures mentioned in items 201 to 204 of Schedule 1 must be in a form that enables the publication of the information for the relevant program year, for Australia, disaggregated:

(a) by State and Territory; and

(b) for each State and Territory — by the following characteristics of students:

(i) sex;

(ii) Indigenous status;

(iii) socio‑economic background;

(iv) language background;

(v) geographic location.

(3) For paragraph 19 (1) (b) of the Act, performance information for the performance measure mentioned in item 301 of Schedule 1 must be in a form that enables the publication of the information for the relevant program year:

(a) for Australia — disaggregated by the following characteristics of students:

(i) sex;

(ii) Indigenous status;

(iii) socio‑economic background;

(iv) language background;

(v) geographic location; and

(b) for each State and Territory — disaggregated by the sex of students.

(4) For paragraph 19 (1) (b) of the Act, performance information for the performance measures mentioned in items 401 to 404 of Schedule 1 must be in a form that enables the publication of the information for the relevant program year:

(a) for Australia — disaggregated by the following characteristics of students:

(i) sex;

(ii) Indigenous status;

(iii) socio‑economic background;

(iv) language background;

(v) geographic location; and

(b) for each State and Territory — disaggregated by the sex of students.

(5) For paragraph 19 (1) (b) of the Act, performance information for the performance measures mentioned in items 501 and 502 of Schedule 1 must be in a form that enables the publication of the information for the relevant program year:

(a) for Australia — disaggregated by the following characteristics of students:

(i) sex;

(ii) Indigenous status;

(iii) socio‑economic background;

(iv) language background;

(v) geographic location; and

(b) for each State and Territory — disaggregated by the sex of students.

(6) In this regulation:

(a) the characteristics of sex, Indigenous status, socio‑ economic background and language background are as described in the Data Implementation Manual for Enrolments for the 2005 and 2006 School Years, published by MCEETYA, as in force when these Regulations commence; and

(b) the characteristic of geographic location is as approved by MCEETYA at its meeting in July 2001.

Note The Data Implementation Manual for Enrolments for the 2005 and 2006 School Years is available on the Internet:

http://www.mceetya.edu.au/public/dm.htm

2.5 Educational accountability — performance information (content)

For paragraph 19 (1) (b) of the Act, the performance information includes the performance measures set out in
Parts 1 to 6 of Schedule 1.

2.5A Educational accountability — student attendance

(1) For paragraph 19 (1) (c) of the Act, the student attendance information to which a report mentioned in that paragraph relates is the ratio of the number of actual student days attended during the period to which the report relates to the number of possible student days during that period.

Note The Minister determines the period to which a report relates.

(2) The student attendance information must be expressed as a percentage.

(3) The student attendance information must be in a form that enables the publication of the information for the relevant program year, for Australia, disaggregated:

(a) by State and Territory; and

(b) for each State and Territory — by the following characteristics of students:

(i) school sector;

(ii) school grade;

(iii) sex;

(iv) Indigenous status.

(4) For subregulation (3):

(a) the school sector is all government schools; and

(b) the school grades are:

(i) all ungraded primary school students; and

(ii) all ungraded secondary school students; and

(iii) each of Years 1 to 10; and

(c) the characteristic of sex is as described in the Data Implementation Manual for Enrolments for the 2007 School Year, published by MCEETYA and as in effect when this regulation commences; and

(d) the characteristic of Indigenous status is as described in the Data Implementation Manual for Enrolments for the 2007 School Year, published by MCEETYA and as in effect when this regulation commences.

Note At the commencement of this regulation, the Data Implementation Manual for Enrolments for the 2007 School Year was available on the Internet at:

http://www.mceetya.edu.au/mceetya/default.asp?id=11575.

(5) In this regulation:

actual student days means the total number of school days attended by students in the period to which a report relates.

possible student days means the total number of school days that could be attended by students in the period to which a report relates.

student means a full‑time student who:

(a) is:

(i) an ungraded primary school student; or

(ii) an ungraded secondary school student; or

(iii) in any of Years 1 to 10; and

(b) is enrolled for the entire duration of the period to which a report relates.

2.6 Educational accountability — school performance information

(1) For paragraph 19 (3) (e) of the Act, the school performance information required for each school for each program year must include at least the items set out in Schedule 2.

(2) The school performance information must be made publicly available within 6 months after the end of each program year, and in at least 2 of the following forms:

(a) a hard copy school annual report provided to parents and made available to prospective parents upon request;

(b) a hard copy newsletter provided to parents and made available to prospective parents upon request;

(d) on the Internet, using a URL address provided to parents and prospective parents upon request;

(e) by means of a billboard or sign that is clearly visible to the public inside or outside the school.

(3) However, if a parent is unable to access information in
any of the ways mentioned in subregulation (2), the school performance information must be provided to the parent in a way that the parent can access.

(4) The school performance information mentioned in subregulation (1) must be presented in a way that does not interfere with the privacy of an individual.

Note The Privacy Act 1988 and the related Information Privacy Principles should be consulted to ensure that information does not interfere with an individual’s privacy.

(5) School performance information is taken to comply with subregulation (1) if it is prepared in compliance with any arrangements approved by the Minister for this subregulation.

2.7 Educational accountability — common national tests

For subsection 19 (4) of the Act, the common testing standards are to be implemented in 2008 by each school administering common national tests in reading, writing, language conventions and numeracy, as endorsed by MCEETYA, or approved by the Minister, to each child who:

(a) attends the school; and

(b) is in Year 3, 5, 7 or 9.

Part 3 General provisions relating to grants — non‑government bodies

3.1 Performance targets

(1) For paragraphs 31 (b) and 36 (3) (f) of the Act, the performance targets are that, in each program year:

(a) all students in Year 3 will achieve the national benchmarks for reading, writing and language conventions for Year 3 mentioned in Part 7 of Schedule 1; and

(b) all students in Year 3 will achieve the national benchmark for numeracy for Year 3 mentioned in Part 7 of Schedule 1; and

(c) all students in Year 5 will achieve the national benchmarks for reading, writing and language conventions for Year 5 mentioned in Part 7 of Schedule 1; and

(d) all students in Year 5 will achieve the national benchmark for numeracy for Year 5 mentioned in Part 7 of Schedule 1; and

(e) all students in Year 7 will achieve the national benchmarks for reading, writing and language conventions for Year 7 mentioned in Part 7 of Schedule 1; and

(f) all students in Year 7 will achieve the national benchmark for numeracy for Year 7 mentioned in Part 7 of Schedule 1.

(2) However, it is recognised that the performance targets may not be met in respect of the very small percentage of students who have severe educational disabilities.

3.2 Provisions that must be included in agreements — performance measures

For paragraph 31 (b) of the Act, the performance measures are specified in Parts 1 to 6 of Schedule 1.

3.3 Student reports

(1) For paragraph 32 (f) of the Act, student reports must specify, for each program year, a required framework for relative and comparative reporting of a child’s progress and achievement against the performance of the child’s peer group at the school.

(2) For subregulation (1):

(d) the student report must include, for subjects studied, an assessment against achievement levels or bands defined by the education authority or school, being levels or bands that:

(i) must be labelled as A, B, C, D, E (or an equivalent); and

(ii) should be clearly defined against specific learning standards; and

(e) the student report must also include, for subjects studied, the child’s achievement relative to the achievement of the child’s peer group at the school by at least quartile bands.

(3) The information mentioned in paragraph (2) (e) must be presented in a way that does not interfere with the privacy of an individual.

Note The Privacy Act 1988 and the related Information Privacy Principles should be consulted to ensure that information does not interfere with an individual’s privacy.

(4) A student report is taken to comply with subregulation (1) if it is prepared in compliance with any arrangements approved by the Minister for this subregulation.

(5) In this regulation:

(a) the peer group of a child in a school is all children at the school who are undertaking the same year level as the child in a year; and

3.4 Educational accountability — performance information (form)

(1) For paragraph 36 (1) (b) of the Act, performance information for the performance measures mentioned in items 101 to 112 of Schedule 1 must be in a form that enables the publication of the information for the relevant program year, for Australia, disaggregated:

(a) by State and Territory; and

(b) for each State and Territory — by the following characteristics of students:

(i) sex;

(ii) Indigenous status;

(iii) socio‑economic background;

(iv) language background;

(v) geographic location.

(2) For paragraph 36 (1) (b) of the Act, performance information for the performance measures mentioned in items 201 to 204 of Schedule 1 must be in a form that enables the publication of
the information for the relevant program year, for Australia, disaggregated:

(a) by State and Territory; and

(b) for each State and Territory — by the following characteristics of students:

(i) sex;

(ii) Indigenous status;

(iii) socio‑economic background;

(iv) language background;

(v) geographic location.

(3) For paragraph 36 (1) (b) of the Act, performance information for the performance measure mentioned in item 301 of Schedule 1 must be in a form that enables the publication of the information for the relevant program year:

(a) for Australia — disaggregated by the following characteristics of students:

(i) sex;

(ii) Indigenous status;

(iii) socio‑economic background;

(iv) language background;

(v) geographic location; and

(b) for each State and Territory — disaggregated by the sex of students.

(4) For paragraph 36 (1) (b) of the Act, performance information for the performance measures mentioned in items 401 to 404 of Schedule 1 must be in a form that enables the publication of the information for the relevant program year:

(a) for Australia — disaggregated by the following characteristics of students:

(i) sex;

(ii) Indigenous status;

(iii) socio‑economic background;

(iv) language background;

(v) geographic location; and

(b) for each State and Territory — disaggregated by the sex of students.

(5) For paragraph 36 (1) (b) of the Act, performance information for the performance measures mentioned in items 501 and 502 of Schedule 1 must be in a form that enables the publication of the information for the relevant program year:

(a) for Australia — disaggregated by the following characteristics of students:

(i) sex;

(ii) Indigenous status;

(iii) socio‑economic background;

(iv) language background;

(v) geographic location; and

(b) for each State and Territory — disaggregated by the sex of students.

(6) In this regulation:

(b) the characteristic of geographic location is as approved by MCEETYA at its meeting in July 2001.

Note The Data Implementation Manual for Enrolments for the 2005 and 2006 School Years is available on the Internet:

http://www.mceetya.edu.au/public/dm.htm

3.5 Educational accountability — performance information (content)

For paragraph 36 (1) (b) of the Act, the performance information includes the performance measures set out in Parts 1 to 6 of Schedule 1.

3.5A Educational accountability — student attendance

(1) For paragraph 36 (1) (c) of the Act, the student attendance information to which a report mentioned in that paragraph relates is the ratio of the number of actual student days attended during the period to which the report relates to the number of possible student days during that period.

Note The Minister determines the period to which a report relates.

(2) The student attendance information must be expressed as a percentage.

(3) The student attendance information must be in a form that enables the publication of the information for the relevant program year, for Australia, disaggregated:

(a) by State and Territory; and

(b) for each State and Territory — by the following characteristics of students:

(i) school sector;

(ii) school grade;

(iii) sex;

(iv) Indigenous status.

(4) For subregulation (3):

(a) the school sector is:

(i) for non‑government systemic schools for which the approved school system is a Catholic education authority — all schools of that kind; and

(ii) in any other case — all other non‑government non‑systemic schools and all other non‑government systemic schools; and

(b) the school grades are:

(i) all ungraded primary school students; and

(ii) all ungraded secondary school students; and

(iii) each of Years 1 to 10; and

(c) the characteristic of sex is as described in the Data Implementation Manual for Enrolments for the 2007 School Year, published by MCEETYA and as in effect when this regulation commences; and

Note At the commencement of this regulation, the Data Implementation Manual for Enrolments for the 2007 School Year was available on the Internet at:

http://www.mceetya.edu.au/mceetya/default.asp?id=11575.

(5) In this regulation:

actual student days means the total number of school days attended by students in the period to which a report relates.

possible student days means the total number of school days that could be attended by students in the period to which a report relates.

student means a full‑time student who:

(a) is:

(i) an ungraded primary school student; or

(ii) an ungraded secondary school student; or

(iii) in any of Years 1 to 10; and

(b) is enrolled for the entire duration of the period to which a report relates.

3.6 Educational accountability — school performance information

(1) For paragraph 36 (3) (e) of the Act, the school performance information required for each program year must include at least the measures set out in Schedule 2.