The ARA applies to all early years settings including:
- all providers registered with a childminder agency
- all providers on the early years register (eg nurseries and childminders)
- maintained schools, non-maintained schools and independent schools with early years provision
Academies and free schools in England
Academies must implement the requirements of the EYFS (by virtue of section 40 of the Childcare Act 2006). All references to academies include free schools, as in law they are academies.
Unlike other key stages the EYFS profile must be moderated by the academy’s geographical LA. An academy must comply with its moderation requirements.
All registered early years providers are required to complete the EYFS profile assessment for any pupils in the final year of the EYFS and to participate in moderation. This includes an academy providing for pupils in the final year of the EYFS.
Funding for EYFS profile moderation activities for all schools rests within LA budgets. The DfE publishes information about funding allocations for academies.
Service children’s education schools
Service children’s education (SCE) schools are required to participate in early years national curriculum assessment and reporting arrangements in line with the arrangements for administration in England.
Other overseas schools which are not SCE schools can’t participate.
Pupils attending a hospital school are not subject to the assessment requirements in this ARA.
Pupils still on the register at a maintained school but attending a hospital school are required to be assessed, and the results should be reported by the home school.
These assessment and reporting arrangements do not apply to pupils who are being educated at home, unless they are on the register of a maintained school or independent school.
Independent schools and EYFS providers registered with Ofsted under the Childcare Act 2006
All independent schools and registered EYFS providers must comply with the information in the ARA unless they have an exemption from the EYFS learning and development requirements. This includes participating in moderation arrangements for the EYFS profile and submission of EYFS profile data to the LA (this data collection is governed by section 99 of the Childcare Act 2006), as specified in the table in section 2 of this ARA.
Independent schools registered with the DfE that are not academies can take up an exemption from the learning and development requirements if they meet the conditions set out in the Direction from the Secretary of State.
Settings with pupils who are not in receipt of government funding
Under regulations made under section 99 of the Childcare Act 2006, LAs are allowed to collect specified data for pupils not in receipt of government funding in the summer term. EYFS providers are required to comply with LA requests for this data. LAs are not required to submit this data to the DfE.
The LA can request data including:
- the learning and development category for each early learning goal (ELG)
- the pupil’s date of birth
- the home address where the pupil normally resides
- the pupil’s ethnic group
- the pupil’s gender
- whether the pupil has a special educational need
- if the pupil has English as an additional language