Legalize / United Kingdom / Wales / Act of Senedd Cymru

Curriculum and Assessment (Wales) Act 2021

Type Act of Senedd Cymru

Publication 2021-04-29

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — BASIC CONCEPTS AND KEY DOCUMENTS

Introduction

1

(1) This Part sets out basic concepts that have effect in relation to a curriculum for any of the following—

(a) registered pupils at maintained schools (except those over compulsory school age) and at maintained nursery schools;

(b) children for whom funded non-maintained nursery education is provided;

(c) children for whom education is provided under arrangements made by a local authority in Wales under section 19A of the Education Act 1996 (c. 56).

(2) This Part also includes provision about key documents that support a curriculum of that kind.

(3) In this Part references to a curriculum are to a curriculum of that kind; and references to pupils and children are to the pupils and children referred to in subsection (1).

The four purposes

2

(1) The four purposes of a curriculum are—

To enable pupils and children to develop as ambitious, capable learners, ready to learn throughout their lives;

To enable pupils and children to develop as enterprising, creative contributors, ready to play a full part in life and work;

To enable pupils and children to develop as ethical, informed citizens of Wales and the world;

To enable pupils and children to develop as healthy, confident individuals, ready to live fulfilling lives as valued members of society.

(2) References in this Act to the four purposes are to those purposes.

The areas of learning and experience

3

(1) The areas of learning and experience for a curriculum are—

Expressive Arts

Health and Well-being

Humanities

Languages, Literacy and Communication

Mathematics and Numeracy

Science and Technology.

(2) Within the areas of learning and experience, the following are mandatory elements—

English

Relationships and Sexuality Education

Religion, Values and Ethics

Welsh.

(3) But English is not to be treated as a mandatory element, for the purposes of this Act, for a curriculum within subsection (4).

(4) A curriculum is within this subsection if it is—

(a) a curriculum for registered pupils at a school who have not completed the school year in which the majority of the pupils in their class attain the age of 7;

(b) a curriculum for funded non-maintained nursery education;

(c) a curriculum for education provided under section 19A of the Education Act 1996 (c. 56) (exceptional provision of education at pupil referral units or elsewhere: Wales) for pupils or children who have not attained the age of 7.

(5) References in this Act to the areas of learning and experience are to the areas listed in subsection (1).

(6) References in this Act to the mandatory elements are to be interpreted in accordance with this section.

The mandatory cross-curricular skills

4

(1) The mandatory cross-curricular skills for a curriculum are—

Digital Competence

Literacy

Numeracy.

(2) References in this Act to the mandatory cross-curricular skills are to the skills listed in subsection (1).

Power to amend sections 3 and 4

5

Regulations may amend sections 3 and 4.

The What Matters Code

6

(1) The Welsh Ministers must issue a code (the “What Matters Code”) that sets out key concepts for each area of learning and experience.

(2) A curriculum does not encompass an area of learning and experience unless it encompasses those concepts as set out in the What Matters Code.

(3) Teaching and learning does not encompass an area of learning and experience unless it encompasses those concepts as set out in the What Matters Code.

(4) The Welsh Ministers—

(a) must keep the What Matters Code under review, and

(b) may revise it.

(5) For further provision about the What Matters Code, see section 76.

The Progression Code

7

(1) The Welsh Ministers must issue a code (the “Progression Code”) that sets out the way in which a curriculum is to make provision for progression by pupils and children.

(2) A curriculum does not make provision for appropriate progression unless it accords with the Progression Code.

(3) Teaching and learning does not make provision for appropriate progression unless it accords with the Progression Code.

(4) The Welsh Ministers—

(a) must keep the Progression Code under review, and

(b) may revise it.

(5) For further provision about the Progression Code, see section 76.

The RSE Code

8

(1) The Welsh Ministers must issue a code (the “RSE Code”) setting out themes and matters to be encompassed by the mandatory element of Relationships and Sexuality Education.

(2) A curriculum does not encompass the mandatory element of Relationships and Sexuality Education unless it accords with the provision in the RSE Code.

(3) Teaching and learning does not encompass the mandatory element of Relationships and Sexuality Education unless it accords with the provision in the RSE Code.

(4) For further provision about the RSE Code, see section 77.

PART 2 — CURRICULUM IN MAINTAINED SCHOOLS, MAINTAINED NURSERY SCHOOLS AND FUNDED NON-MAINTAINED NURSERY EDUCATION

CHAPTER 1 — CURRICULUM DESIGN AND ADOPTION

General

Introduction and interpretation

9

(1) This Chapter makes provision about the design and adoption of a curriculum for any of the following—

(a) registered pupils at a maintained school, except those over compulsory school age;

(b) registered pupils at a maintained nursery school;

(2) References in this Chapter to a school are to—

(a) a maintained school, or

(b) a maintained nursery school.

(3) In this Chapter—

(a) references to pupils, in relation to a school, are to registered pupils at the school, except those over compulsory school age;

(b) references to children, in relation to funded non-maintained nursery education, are to children for whom that education is provided;

(c) references to the adopted curriculum, in relation to a school, are to the curriculum adopted under section 11 by the head teacher and governing body of the school (and if that curriculum is revised under section 12, to the curriculum as revised);

(d) references to the adopted curriculum, in relation to funded non-maintained nursery education, are to the curriculum adopted under section 15 by the provider of the education (and if that curriculum is revised under section 16, to the curriculum as revised).

Maintained schools and maintained nursery schools

Curriculum design

10

(1) The head teacher of a school must design a curriculum for the school's pupils.

(2) That curriculum must comply with the requirements in sections 20 to 24, and any requirement imposed under section 25.

Curriculum adoption

11

(1) The head teacher and governing body of a school must—

(a) adopt the curriculum designed under section 10 as the curriculum for the school's pupils, and

(b) publish a summary of the adopted curriculum.

(2) But a curriculum may not be adopted under this section unless it complies with the requirements in sections 20 to 24, and any requirement imposed under section 25.

Curriculum review and revision

12

(1) The head teacher and governing body of a school must—

(a) keep the adopted curriculum under review, and

(b) ensure that it continues to comply with the requirements in sections 20 to 24, and any requirement imposed under section 25.

(2) In considering whether the adopted curriculum continues to comply with the requirements referred to in subsection (1)(b), the head teacher and governing body must have regard to information derived from any assessment arrangements implemented by them under regulations made under section 56.

(3) The head teacher and governing body of a school must revise the adopted curriculum if they consider it necessary to do so to ensure that it continues to comply with the requirements referred to in subsection (1)(b).

(4) The head teacher and governing body of a school may also revise the adopted curriculum if they consider it appropriate to do so at any time.

(5) If the head teacher and governing body of a school revise the adopted curriculum, they must publish a summary of the revised curriculum.

Funded non-maintained nursery education

Welsh Ministers’ duty to publish a curriculum

13

(1) The Welsh Ministers must publish a curriculum (the “section 13 curriculum”) that they consider suitable for children for whom funded non-maintained nursery education is provided.

(2) The section 13 curriculum must comply with the requirements in sections 20 to 24 ....

Review and revision of curriculum published by Welsh Ministers

14

(1) The Welsh Ministers must—

(a) keep the section 13 curriculum under review, and

(b) ensure that it continues to comply with sections 20 to 24 ....

(2) The Welsh Ministers must revise the section 13 curriculum if they consider it necessary to do so to ensure that it continues to comply with the requirements referred to in subsection (1)(b).

(3) The Welsh Ministers may also revise the section 13 curriculum if they consider it appropriate to do so at any time.

(4) If the Welsh Ministers revise the section 13 curriculum, they must publish the revised curriculum.

Curriculum adoption

15

(1) A provider of funded non-maintained nursery education must—

(a) adopt a curriculum for children for whom that education is provided (whether the section 13 curriculum or another curriculum the provider considers suitable), and

(b) publish a summary of the adopted curriculum.

(2) But a curriculum may not be adopted under this section unless it complies with the requirements in sections 20 to 24 ....

Curriculum review and revision

16

(1) A provider of funded non-maintained nursery education must—

(a) keep the adopted curriculum under review, and

(b) ensure that it continues to comply with sections 20 to 24 ....

(2) In considering whether the adopted curriculum continues to comply with the requirements referred to in subsection (1)(b), the provider must have regard to information derived from any assessment arrangements implemented by the provider under regulations made under section 56.

(3) The provider must revise the adopted curriculum if the provider considers it necessary to do so to ensure that it continues to comply with the requirements referred to in subsection (1)(b).

(4) The provider may also revise the adopted curriculum if the provider considers it appropriate to do so at any time.

(5) If the provider has adopted the section 13 curriculum, and the Welsh Ministers revise that curriculum under section 14, the provider must consider whether it is appropriate to revise the adopted curriculum under subsection (4) so as to reflect the revisions made under section 14.

(6) If the provider revises the adopted curriculum, the provider must publish a summary of the revised curriculum.

Supplementary provision

Power to make supplementary provision about curriculum adoption and revision

17

Regulations may make provision about—

(a) steps to be taken before a curriculum is adopted under this Part (including provision about steps to be taken in order to determine whether a proposed curriculum is suitable for adoption);

(b) the date by which a curriculum must be adopted under this Part;

Power to make supplementary provision about curriculum summaries

18

Regulations may make provision—

(a) about information that is to be included in a summary of an adopted curriculum published under this Part;

(b) about the publication of a summary of an adopted curriculum (including provision about how publication must take place, and the date by which it must take place).

CHAPTER 2 — CURRICULUM REQUIREMENTS

General

Introduction

19

(1) This Chapter sets out curriculum requirements.

(2) References in this Chapter to a curriculum are to a curriculum for any of the following—

(a) registered pupils at a maintained school, except those over school age;

(b) registered pupils at a maintained nursery school;

(3) In this Chapter—

(a) references to pupils are to registered pupils at a maintained school or maintained nursery school, except those over compulsory school age;

(b) references to children, in relation to funded non-maintained nursery education, are to children for whom that education is provided.

Curriculum requirements

The four purposes

20

The curriculum must enable pupils, or children, to develop in the ways described in the four purposes.

Progression

21

The curriculum must provide for appropriate progression.

Suitability

22

The curriculum must be suitable for pupils, or children, of differing ages, abilities and aptitudes.

Breadth and balance

23

The curriculum must be broad and balanced.

Areas of learning and experience and cross-curricular skills

24

(1) The curriculum must make provision for teaching and learning that—

(a) encompasses each of the areas of learning and experience, including the mandatory elements within the areas of learning and experience, and

(b) develops the mandatory cross-curricular skills.

(2) The provision for teaching and learning encompassing the mandatory element of Relationships and Sexuality Education must be developmentally appropriate for pupils, or children.

(3) The provision for teaching and learning encompassing the mandatory element of Religion, Values and Ethics must accord with Part 1 of Schedule 1, except where subsection (4) applies.

(4) This subsection applies where the provision for teaching and learning is made—

(a) for pupils in a class in which the majority of the pupils are below compulsory school age at the beginning of the school year;

(b) for children for whom funded non-maintained nursery education is provided.

(5) If the curriculum applies to pupils who have completed the school year in which the majority of the pupils in their class attained the age of 14, it must offer those pupils a choice of teaching and learning within each area of learning and experience.

Power to impose further curriculum requirements

25

(1) Regulations may specify further requirements with which a curriculum for a maintained school must comply so far as it applies to pupils within subsection (2).

(2) The pupils are those who have completed the school year in which the majority of the pupils in their class attained the age of 14, but are still of compulsory school age.

(3) The regulations may, among other things, specify provision—

(a) that must be made in a curriculum;

(b) that must not be made in a curriculum.

(4) The regulations may make provision by reference to courses of study (for example, so as to require a curriculum to make provision for a minimum number of courses of study, or for courses of study specified in the regulations).

(5) In this section, “course of study” means a course of education or training that—

(a) leads to a form of qualification or set of forms of qualification approved under Part 4 of the Qualifications Wales Act 2015 (anaw 5) or designated under Part 5 of that Act, or

(b) is designated by the Welsh Ministers under section 34(8) of that Act.

CHAPTER 3 — CURRICULUM IMPLEMENTATION

General

Introduction and interpretation

26

(1) This Chapter makes provision about the implementation of a curriculum for any of the following—

(a) registered pupils at a maintained school, except those over compulsory school age;

(b) registered pupils at a maintained nursery school;

(2) Chapter 4 sets out exceptions to the curriculum implementation duties in this Chapter.

(3) References in this Chapter and in Chapter 4 to a school are to—

(a) a maintained school, or

(b) a maintained nursery school.

(4) In this Chapter and in Chapter 4—

(a) references to pupils, in relation to a school, are to registered pupils at the school, except those over compulsory school age;

(b) references to children, in relation to funded non-maintained nursery education, are to children for whom that education is provided;

(c) references to the adopted curriculum, in relation to a school, are to the curriculum adopted under section 11 by the head teacher and governing body of the school (and if that curriculum is revised under section 12, to the curriculum as revised);

(d) references to the adopted curriculum, in relation to funded non-maintained nursery education, are to the curriculum adopted under section 15 by the provider of the education (and if that curriculum is revised under section 16, to the curriculum as revised).

Maintained schools and maintained nursery schools

Duty to ensure implementation of adopted curriculum

27

(1) The head teacher of a school must ensure that the adopted curriculum is implemented for the school's pupils in accordance with sections 28, 29 and 30.

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