Schools Assistance Amendment Regulation 2012 (No. 1)1

Select Legislative Instrument 2012 No. 223

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Schools Assistance Act 2008.

Dated 13 September 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

PETER ROBERT GARRETT

Minister for School Education, Early Childhood and Youth

1 Name of regulation

  This regulation is the Schools Assistance Amendment Regulation 2012 (No. 1).

2 Commencement

  This regulation commences on the day after it is registered.

3 Amendment of Schools Assistance Regulations 2009

  Schedule 1 amends the Schools Assistance Regulations 2009.

Schedule 1 Amendments

(section 3)

[1] Subregulation 1.3 (2), note

substitute

Note   These Regulations give effect to data collection and reporting requirements in the National Education Agreement. The ACARA Measurement Framework for Schooling in Australia, as amended from time to time, sets out the key performance measures and the agreed assessment and data collection cycle that apply equally to government and non‑government schools.

[2] Regulation 1.4

insert

ACARA means the Australian Curriculum, Assessment and Reporting Authority established by section 5 of the Australian Curriculum, Assessment and Reporting Authority Act 2008.

[3] Regulation 1.4

insert

ICILS means the International Computer and Information Literacy study, which is an international assessment of students in year 8 in computer and information literacy conducted by the International Association for the Evaluation of Educational Achievement.

[4] Regulation 1.4, definition of MCEECDYA, including the note

omit

[5] Regulation 1.4, definition of MCEETYA

omit

[6] Regulation 1.4

insert

Ministerial Council means the Council of Commonwealth, State and Territory Ministers, as it exists from time to time, with responsibility for school education.

Note   The current Ministerial Council is the Standing Council on School Education and Early Childhood, which was established on 18 January 2012, and took over the schools education functions of the former Ministerial Council for Education, Early Childhood Development and Youth Affairs (MCEECDYA). MCEECDYA was established on 1 July 2009 and took over the schools education functions of the former Ministerial Council on Education, Employment, Training and Youth Affairs.

[7] Regulation 1.4, definition of NAP, note

substitute

Note   The NAP comprises the agreed assessments identified on the NAP web page and in the document titled Measurement Framework for Schooling in Australia, both of which are available on the Internet at http://www.acara.edu.au.

[8] Regulation 2.1

substitute

2.1 National student assessments

 (1) For section 17 of the Act, the following national student assessments (as developed by ACARA and mentioned in the Measurement Framework for Schooling in Australia, published by ACARA) are prescribed:

 (a) for all students in years 3, 5, 7 and 9 in all schools—the assessments for the student’s year mentioned in table 1; and

 (b) for students selected in a sample, in a school selected in the sample—the assessments mentioned in table 2.

Note   The Measurement Framework for Schooling in Australia defines the national key performance measures, specifies the data sources for these measures and outlines the reporting cycle for 2010 to 2015, and is available on the Internet at http://www.acara.edu.au.

 (2) Each assessment is prescribed for the years specified in the table for that assessment.

Table 1

Table 2

[9] Paragraph 3.2 (2) (a)

omit

2009 Data Standards Manual — Student Background Characteristics, published by MCEETYA, as in force when these Regulations commence

insert

revised 2010 Data Standards Manual—Student Background Characteristics, published by the Ministerial Council, as in force in December 2010

[10] Subregulation 3.3 (4)

omit

2009 Data Standards Manual — Student Background Characteristics, published by MCEETYA, as in force when these Regulations commence

insert

revised 2010 Data Standards Manual—Student Background Characteristics, published by the Ministerial Council, as in force in December 2010

[11] Paragraph 4.4 (3) (b)

substitute

 (b) the number of course enrolments and qualifications completed for students undertaking vocational education and training by qualification level and, if available, industry area;

 (ba) the number of students undertaking school-based apprenticeships and traineeships;

[12] Subregulation 6.1 (1), note 3

omit

[13] After Part 6

insert

Part 6A Funding agreements—national curriculum

6A.1 National curriculum

 (1) For subsection 22 (1) of the Act, the following are prescribed as the national curriculum:

 (a) the Australian Curriculum authorised by the Ministerial Council from time to time;

 (b) an alternative curriculum framework assessed by ACARA as allowing comparable outcomes to the Australian Curriculum included on ACARA’s Recognition Register.

 (2) The national curriculum must be implemented by the later of:

 (a) the date it is implemented in government schools in the same jurisdiction; or

 (b) the date authorised by the Ministerial Council.

[14] Regulation 7.1, table, after item 3

insert

[15] Regulation 7.2, table, after item 3

insert

[16] Regulation 7.2A, table, after item 1

insert

[17] Regulation 7.3, table, after item 3

insert

[18] Regulation 7.3A, table, after item 1

insert

[19] Subregulation 8.1 (1)

substitute

 (1) For subsection 84 (3) of the Act, the table sets out the base assistance amount for program years.

[20] Subregulation 8.1 (2), table, after item 3

insert

[21] Part 9, before regulation 9.1

insert

9.1A Education in country areas

  For subsection 88 (3) of the Act, the base assistance amount for the 2013 program year is $6 479 000.

[22] Regulation 9.1

substitute

9.1 Literacy, numeracy and special learning needs—school grants amounts

  For subsection 98 (2) of the Act, the table sets out the base assistance amounts for program years.

[23] Regulation 9.2, table, after item 3

insert

[24] Regulation 9.3, table, after item 3

insert

[25] Schedule 1, item 102

substitute

 101A The NAPLAN mean scale scores for reading and writing.

 102 The percentage of students achieving at or above the proficient standard (Level 3) in the PISA reading literacy assessment for 2012.

[26] Schedule 1, item 202

substitute

 201A The NAPLAN mean scale scores for numeracy.

 202 The percentage of students achieving at or above the proficient standard (Level 3) in the PISA mathematical literacy assessment for 2012.

[27] Schedule 1, items 301 and 302

substitute

 301 The percentage of students achieving at or above the proficient standard (Level 3.2) in the NAP science literacy assessment, year 6, for 2012.

 302 The percentage of students achieving at or above the proficient standard (Level 3) in the PISA scientific literacy assessment for 2012.

[28] Schedule 1, Part 4

substitute

Part 4 Measures for Civics and Citizenship

 401 The percentage of students achieving at or above the proficient standard (Level 2) in civics and citizenship in the NAP civics and citizenship assessment, year 6, for 2013.

 402 The percentage of students achieving at or above the proficient standard (Level 3) in civics and citizenship in the NAP civics and citizenship assessment, year 10, for 2013.

[29] Schedule 1, items 601 and 602

substitute

 601 The proportion of the population aged 15 to 19 years who in the program year successfully completed at least one unit of competency as part of a vocational education and training qualification at Australian Qualification Framework Certificate II or above.

[30] Schedule 1, Part 7, heading

substitute

Part 7 Measures for student participation

[31] Schedule 1, item 701

substitute

 701 The number of actual full-time equivalent student days attended by full-time students in years 1 to 10 as a percentage of the total number of possible student days attended over the period.

 701A The proportion of children aged 6 to 15 years who are enrolled in school.

 701B The apparent retention rates from year 7 or 8 to year 10 and year 12.

 701C The proportion of students participating in NAPLAN for years 3, 5, 7 and 9 for reading, writing and numeracy.

[32] Further amendments

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.