The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. In particular, pupils with an immigrant background, who constitute around 10% of the pupils at the relevant age cohort, perform significantly worse than native students, even after accounting for the socio-economic status of the parents (OECD, 2007). While the difference between the average PISA scores of pupils with and without an immigrant background does not differ significantly from the OECD average (57 points in Slovenia versus the OECD average of 55 on the 2006 PISA science scale), the gap in the share of top performers3 between the two groups is large in Slovenia, being second only to Germany across the OECD (Figure 2). A similar picture emerges when the share of top and strong4 (and not only the top) performers is considered (OECD, 2009a).