Learning and Skills (Wales) Measure 2009

RHAN 1 — Cwricwlwm lleol ar gyfer disgyblion yng Nghyfnod Allweddol 4

Cyffredinol

Dehongli

1

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Dyletswydd i weithredu gofynion cyffredinol

2

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Y cwricwlwm sylfaenol ar gyfer pob ysgol a gynhelir yng Nghymru

3

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Llunio cwricwla lleol

Llunio cwricwla lleol ar gyfer disgyblion yng Nghyfnod Allweddol 4

4

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Cwricwla lleol: yr Iaith Gymraeg

5

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Awdurdodau â mwy nag un cwricwlwm lleol

6

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Hawlogaethau

Dewisiadau disgyblion o gyrsiau cwricwlwm lleol

7

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Hawlogaethau disgyblion o ran y cwricwlwm lleol

8

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Penderfyniad pennaeth ysgol ynghylch hawlogaeth

9

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Cyflawni hawlogaethau'r cwricwlwm lleol

10

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Penderfyniad pennaeth ysgol i ddileu hawlogaeth

11

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Cydweithio

Cynllunio'r cwricwlwm lleol

12

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Cyflawni hawolgaethau'r cwricwlwm lleol: cydweithio

13

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Cydweithio: canllawiau a chyfarwyddiadau

14

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Atodol

Pŵer i ddiwygio meysydd dysgu

15

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Cymhwyso darpariaethau cwricwlwm lleol i blant nad ydynt yn ddisgyblion cofrestredig

16

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Cymhwyso darpariaethau cwricwlwm lleol i blant sy'n ddisgyblion cofrestredig mewn ysgolion arbennig

17

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Cwricwlwm lleol: cyfarwyddiadau

18

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Pwerau i newid neu ddileu gofynion ar gyfer y pedwerydd cyfnod allweddol

19

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Rheoliadau a gorchmynion: y weithdrefn

20

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PART 2 — Local curriculum for students aged 16 to 18

General

Addysg a hyfforddiant ar gyfer personau 16 i 18 oed

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• (1) Mae adran 31 o Ddeddf Dysgu a Medrau 2000 (p. 21) wedi'i diwygio'n unol ag is-adran (2).

• (2) Yn adran 31(2)—

• (a) ym mharagraff (a) dileer “and”;

• (b) ar ddiwedd paragraff (b) mewnosoder “and”;

• (c) yn dilyn paragraff (b) mewnosoder—

(c) sufficient to satisfy the entitlements conferred under section 33F

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Formation of local curricula

Llunio cwricwla lleol ar gyfer myfyrwyr 16 i 18 oed

22

Ar ôl adran 33 o Ddeddf Dysgu a Medrau 2000 (p. 21) mewnosoder—

(33A) (1) The Welsh Ministers must form for the area of each local authority one or more local curricula for students who are above compulsory school age but have not attained the age of nineteen. (2) Each local curriculum must consist of courses of study each of which— (a) falls within a category in subsection (3) (the “learning domains”); and (b) is from time to time selected by the Welsh Ministers to form part of that local curriculum. (3) The learning domains are— (a) mathematics, science and technology; (b) business, administration and law; (c) services for people; (d) arts, media, culture and languages; (e) humanities, social sciences and preparation for life and work. (4) For the purposes of this section, a course of study falls within a particular learning domain if a direction of the Welsh Ministers so provides.

Cwricwla lleol: yr Iaith Gymraeg

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Ar ôl adran 33A o Ddeddf Dysgu a Medrau 2000 (p. 21) mewnosoder—

(33B) The Welsh Ministers must exercise their functions in relation to local curricula so as to promote access to and availability of courses of study which are taught through the medium of the Welsh language.

Ardaloedd â mwy nag un cwricwlwm lleol

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Ar ôl adran 33B o Ddeddf Dysgu a Medrau 2000 (p. 21) mewnosoder—

(33C) (1) This section applies where the Welsh Ministers form more than one local curriculum for the area of a local authority under section 33A. (2) In relation to each local curriculum, the Welsh Ministers must designate the maintained schools or institutions whose relevant students are to be entitled to elect under section 33E to follow courses of study included within the curriculum.

Entitlements

Penderfynu “relevant school or institution” ar gyfer disgybl

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Ar ôl adran 33C o Ddeddf Dysgu a Medrau 2000 (p. 21) mewnosoder—

(33D) (1) Where, during the fourth key stage, a registered pupil of a maintained school requests that the school’s head teacher determines the pupil’s relevant school or institution, the head teacher must comply with that request. But this is subject to regulations made under subsection (3). (2) A pupil’s relevant school or institution is the maintained school or institution whose governing body is, in the opinion of the head teacher, likely to be responsible for providing (or making arrangements for the provision of) the majority of the pupil’s education once he or she has ceased to be of compulsory school age. (3) Regulations may make provision as to the making of requests and determinations under this section, including in particular provision as to the date or time by which a request or determination is to be made. (4) This section does not require any person to admit a pupil to a particular school or institution.

Dewisiadau disgyblion o gyrsiau cwricwlwm lleol

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Ar ôl adran 33D o Ddeddf Dysgu a Medrau 2000 (p. 21) mewnosoder—

(33E) (1) A registered pupil of a maintained school has the right to elect to follow, during the period described in subsection (2) (“the entitlement period”), a course or courses of study included within the relevant local curriculum for that pupil. But this is subject to regulations made under subsection (3). (2) The entitlement period— (a) begins on the first day of the academic year subsequent to the pupil having ceased to be of compulsory school age; and (b) ends on the day on which he or she attains the age of nineteen. (3) Regulations may make provision as to the making of elections under this section, including in particular provision— (a) specifying the maximum number of courses of study of a particular type that a pupil has the right to elect to follow; (b) identifying points to be allotted to courses of study and preventing a pupil from having the right to elect to follow a combination of courses of study if their aggregate points exceed a specified amount; (c) as to the period during which elections are to be made. (4) For the purposes of this section the “relevant local curriculum”, in relation to a pupil, means— (a) where it has been determined under section 33D that a pupil’s “relevant school or institution” is a school— (i) where the Welsh Ministers have formed under section 33A a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or (ii) where the Welsh Ministers have formed under section 33A more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2); (b) where it has been determined under section 33D that a pupil’s “relevant school or institution” is an institution— (i) where the Welsh Ministers have formed under section 33A a single local curriculum for the local authority area in which the institution is situated, that local curriculum; or (ii) where the Welsh Ministers have formed under section 33A more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2).

Hawlogaethau myfyrwyr o ran y cwricwlwm lleol

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Ar ôl adran 33E o Ddeddf Dysgu a Medrau 2000 (p. 21) mewnosoder—

(33F) (1) During the entitlement period, a student who has made an election under section 33E(1) is entitled to follow the elected course of study unless— (a) the governing body of the student’s relevant school or institution ceases to be responsible for providing (or making arrangements for the provision of) the majority of the student’s education; or (b) before the beginning of the entitlement period, the head teacher or principal of the student’s relevant school or institution has decided under section 33G that the student is not entitled to follow the course of study. (2) Where a person is entitled to follow a course of study, it is for the head teacher or principal of the relevant school or institution to decide upon which date during the entitlement period the course is to begin.

Penderfyniad pennaeth ysgol neu bennaeth sefydliad ynghylch hawlogaeth

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Ar ôl adran 33F o Ddeddf Dysgu a Medrau 2000 (p. 21) mewnosoder—

(33G) (1) If the head teacher or principal of a student’s relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that the student is not entitled to follow a course of study which the student has elected to follow under section 33E. (2) The grounds referred to in subsection (1) are that— (a) as a result of the student’s level of educational attainment, the course of study is not suitable for him or her; (b) as a result of other elections made by the student under section 33E(1), it is not reasonably practicable for him or her to follow the course of study; (c) the amount of time likely to be spent travelling to the place at which the course is likely to be delivered would be detrimental to the student’s education; (d) disproportionate expenditure would be incurred if the student were to follow the course of study; (e) the student’s or another person’s health or safety would be placed unacceptably at risk if the student were to follow the course of study. (3) Regulations may make provision connected with the making of decisions under subsection (1), including in particular provision— (a) as to the time or date by which decisions are to be made; (b) as to the procedure to be followed in connection with the making of decisions; (c) for appeals against decisions to be made to the school or institution’s governing body or another person specified in the regulations; (d) as to the time or date by which appeals are to be determined; (e) as to the procedure to be followed in connection with the determination of an appeal. (4) A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section. (5) The Welsh Ministers may by order— (a) amend or omit any paragraph of subsection (2); (b) add additional paragraphs to that subsection; (c) amend or omit such additional paragraphs.

Cyflawni hawlogaethau'r cwricwlwm lleol

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Ar ôl adran 33G o Ddeddf Dysgu a Medrau 2000 (p. 21) mewnosoder—

(33H) Where a student is entitled to follow a course of study under section 33F(1), the governing body of the student’s relevant school or institution must ensure that during the entitlement period the course is made available to the student by or on behalf of the governing body.

Penderfyniad pennaeth ysgol neu bennaeth sefydliad i ddileu hawlogaeth

30

Ar ôl adran 33H o Ddeddf Dysgu a Medrau 2000 (p. 21) mewnosoder—

(33I) (1) If the head teacher or principal of a student’s relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that a student is no longer entitled to follow a course of study that the student was entitled to follow under section 33E. (2) The grounds referred to in subsection (1) are that— (a) the student’s or another person’s health or safety would be placed unacceptably at risk if the pupil were to continue to follow the course of study; (b) disproportionate expenditure would be incurred if the pupil were to continue to follow the course of study. (3) Regulations may make provision connected with the making of decisions under subsection (1) including in particular provision— (a) as to the procedure to be followed in connection with the making of decisions; (b) for appeals against decisions to be made to the school or institution’s governing body or another person specified in the regulations; (c) as to the effect of a decision pending determination of an appeal; (d) as to the procedure to be followed in connection with the determination of an appeal. (4) A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section. (5) The Welsh Ministers may by order— (a) amend or omit any paragraph of subsection (2); (b) add additional paragraphs to that subsection; (c) amend or omit such additional paragraphs.

Joint-working

Cynllunio'r cwricwlwm lleol

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Ar ôl adran 33I o Ddeddf Dysgu a Medrau 2000 (p. 21) mewnosoder—

(33J) (1) The following persons must assist the Welsh Ministers in planning the local curriculum or curricula for a local authority area— (a) the local authority; (b) the governing body and head teacher of any maintained school maintained by the authority; (c) the governing body and principal of an institution in the authority’s area. (2) In subsection (1), “planning the local curriculum or curricula” means the process by which the Welsh Ministers decide under section 33A which courses of study to include in the local curriculum or curricula. (3) The persons mentioned in subsection (1) (a) to (c) must— (a) have regard to any guidance given from time to time; and (b) comply with any directions given, by the Welsh Ministers as to the exercise of their functions under that subsection.

Cyflawni hawlogaethau'r cwricwlwm lleol: cydweithio

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Ar ôl adran 33J o Ddeddf Dysgu a Medrau 2000 (p. 21) mewnosoder—

(33K) (1) The objective of this section is to maximise the availability of courses of study included in a local curriculum formed under section 33A. (2) In relation to the local curriculum or curricula for a local authority, the persons mentioned in subsection (4) must take all reasonable steps in order to achieve the objective of this section. (3) The duty under subsection (2) includes, but is not limited to, a duty to seek to enter into co-operation arrangements where, having considered whether it would further the objective of this section to do so, the persons mentioned in subsection (4) have concluded that entering into such arrangements would further that objective. (4) The persons are— (a) the local authority; (b) the governing body of a secondary school maintained by the authority; and (c) the governing body of an institution within the further education sector which is situated within the area of the authority. (5) In this section and section 33L “co-operation arrangements” means— (a) arrangements under which any person provides, on behalf of the governing body of a maintained school, a course of study included within the relevant local curriculum for the school; (b) arrangements under which any person provides, on behalf of the governing body of an institution, a course of study included within the relevant local curriculum for the institution; (c) arrangements made under regulations under section 26 of the Education Act 2002 (collaboration between schools); and (d) arrangements made under regulations under section 166 of the Education and Inspections Act 2006 (collaboration arrangements: maintained schools and further education bodies). (6) For the purposes of this section, “relevant local curriculum” means— (a) in relation to a maintained school— (i) where the Welsh Ministers have formed a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or (ii) where the Welsh Ministers have formed more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2); (b) in relation to an institution— (i) where the Welsh Ministers have formed a single local curriculum for the local authority area in which the institution is situated, that curriculum; or (ii) where the Welsh Ministers have formed more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2).

Cydweithio: canllawiau a chyfarwyddiadau

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Ar ôl adran 33K o Ddeddf Dysgu a Medrau 2000 (p. 21) mewnosoder—