Education Reform Act 1988

Part I

Chapter I — The Curriculum

Preliminary

Duties with respect to the curriculum.

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• (1) It shall be the duty—

• (a) of the Secretary of State as respects every maintained school;

• (b) of every local education authority as respects every school maintained by them; and

• (c) of every governing body or head teacher of a maintained school as respects that school;

to exercise their functions (including, in particular, the functions conferred on them by this Chapter with respect to religious education, religious worship and the National Curriculum) with a view to securing that the curriculum for the school satisfies the requirements of this section.

• (2) The curriculum for a maintained school satisfies the requirements of this section if it is a balanced and broadly based curriculum which—

• (a) promotes the spiritual, moral, cultural, mental and physical development of pupils at the school and of society; and

• (b) prepares such pupils for the opportunities, responsibilities and experiences of adult life.

Principal provisions

The National Curriculum.

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• (1) The curriculum for every maintained school shall comprise a basic curriculum which includes—

• (a) provision for religious education for all registered pupils at the school

• (aa) in the case of a secondary school, provision for sex education for all registered pupils at the school;

• (ab) in the case of a special school, provision for sex education for all registered pupils at the school who are provided with secondary education; and

• (b) a curriculum for all registered pupils at the school of compulsory school age (to be known as the National Curriculum) which meets the requirements of subsection (2) below.

• (2) The curriculum referred to in subsection (1)(b) above shall comprise the core and other foundation subjects and specify in relation to each of them—

• (a) the knowledge, skills and understanding which pupils of different abilities and maturities are expected to have by the end of each key stage (in this Chapter referred to as attainment targets);

• (b) the matters, skills and processes which are required to be taught to pupils of different abilities and maturities during each key stage (in this Chapter referred to as programmes of study); and

• (c) the arrangements for assessing pupils in respect of each key stage for the purpose of ascertaining what they have achieved in relation to the attainment targets for that stage (in this Chapter referred to as assessment arrangements).

• (3) Subsection (1)(a) above shall not apply in the case of a maintained special school.

Foundation subjects and key stages.

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• (1) Subject to subsection (4) below, the core subjects are—

• (a) mathematics, English and science; and

• (b) in relation to schools in Wales which are Welsh-speaking schools, Welsh.

• (2) Subject to subsections (2A), (2B) and (4) below, the other foundation subjects are—

• (a) . . . technology . . . and physical education;(aa) in relation to the first, second and third key stages, history, geography,art and music;

• (b) in relation to the third and fourth key stages, a modern foreign language specified in an order of the Secretary of State; and

• (c) in relation to schools in Wales which are not Welsh-speaking schools, Welsh.

• (2A) In relation to schools in England—

• (a) a modern foreign language is not a foundation subject in relation to the fourth key stage before—

• (i) 1st August 1996, in the case of pupils entering the first year of the key stage in 1996; and

• (ii) 1st August 1997 in the case of all other pupils.

• (b) technology is a foundation subject in relation to pupils who entered the first year of the fourth key stage in 1993 but is otherwise not a foundation subject in relation to the fourth key stage before—

• (i) 1st August 1996 in the case of pupils entering the first year of the key stage in 1996; and

• (ii) 1st August 1997, in the case of all other pupils.

• (2B) In relation to schools in Wales—

• (a) a modern foreign language is not a foundation subject in relation to the fourth key stage;

• (b) technology is a foundation subject in relation to pupils who entered the first year of the fourth key stage in 1993 but is otherwise not a foundation subject in relation to the fourth key sage.

• (3) Subject to subsections (4) (5) and (5A) below, the key stages in relation to a pupil are as follows—

• (a) the period beginning with his becoming of compulsory school age and ending at the same time as the school year in which the majority of pupils in his class attain the age of seven;

• (b) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of eight and ending at the same time as the school year in which the majority of pupils in his class attain the age of eleven;

• (c) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of twelve and ending at the same time as the school year in which the majority of pupils in his class attain the age of fourteen;

• (d) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of fifteen and ending with the majority of pupils in his class ceasing to be of compulsory school age.

• (4) The Secretary of State may by order—

• (a) amend the foregoing provisions of this section; or

• (b) provide that, in relation to any subject specified in the order, subsection (3) above shall have effect as if for the ages of seven and eight there mentioned there were substituted such other ages, less than eleven and twelve respectively, as may be so specified.

• (5) The head teacher of a school may elect, in relation to a particular pupil and a particular subject, that subsection (3) above shall have effect as if any reference to the school year in which the majority of pupils in that pupil’s class attained a particular age were a reference to the school year in which that pupil attained that age.

• (5A) If at any time, in the case of a pupil of compulsory school age, subsection (3) above does not, apart from this subsection, apply to determine the period within which that time falls, that subsection shall have effect as if—

• (a) in the case of paragraphs (a) to (c), any reference to the school year in which the majority of pupils in that pupil’s class attained a particular age were a reference to the school year in which that pupil attained that age, and

• (b) in the case of paragraph (d), the period were a period beginning at the same time as the school year in which he attained the age of fifteen and ending when he ceases to be of compulsory school age.

• (6) In this section—

• “class”, in relation to a particular pupil and a particular subject, means the teaching group in which he is regularly taught that subject or, where there are two or more such groups, such one of them as may be designated by the head teacher of the school;

• “school”, except in subsection (5) above and the above definition, includes part of a school. and

• “school year” means the period beginning with the first school term to begin after July and ending with the beginning of the next school year.

• (7) For the purposes of this section a school in Wales is a Welsh-speaking school if more than one half of the following subjects, namely—

• (a) religious education; and

• (b) the subjects other than English and Welsh which are foundation subjects in relation to pupils at the school;

are taught (wholly or partly) in Welsh.

Duty to establish the National Curriculum by order.

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• (1) It shall be the duty of the Secretary of State so to exercise the powers conferred by subsection (2) below as—

• (a) to establish a complete National Curriculum as soon as is reasonably practicable (taking first the core subjects and then the other foundation subjects); and

• (b) to revise that Curriculum whenever he considers it necessary or expedient to do so.

• (2) The Secretary of State may by order specify in relation to each of the foundation subjects—

• (a) such attainment targets;

• (b) such programmes of study; and

• (c) such assessment arrangements;

as he considers appropriate for that subject.

• (3) An order made under subsection (2) above may not require—

• (a) that any particular period or periods of time should be allocated during any key stage to the teaching of any programme of study or any matter, skill or process forming part of it; or

• (b) that provision of any particular kind should be made in school timetables for the periods to be allocated to such teaching during any such stage.

• (4) An order under subsection (2) above may, instead of containing the provisions to be made, refer to provisions in a document published by Her Majesty’s Stationery Office and direct that those provisions shall have effect or, as the case may be, have effect as amended by the order.

• (5) An order under subsection (2)(c) above—

• (a) may confer or impose such functions on the governing body and the head teacher and (in the case of maintained schools) on the local education authority as appear to the Secretary of State to be required, and

• (b) may specify any such assessment arrangements as may for the time being be made by a person specified in the order.

• (6) Provision shall be made for determining the extent to which any assessment arrangements, and the implementation of the arrangements, achieve the purpose for which the arrangements are made; and such provision may be made by or under the order specifying the arrangements or (where the order specifies the person making the arrangements) in the arrangements themselves.

• (7) The duties that may be imposed by virtue of subsection (5)(a) above include, in relation to persons exercising power in pursuance of provision made by virtue of subsection (6) above, the duty to permit them—

• (a) to enter the premises of the school,

• (b) to observe the implementation of the arrangements, and

• (c) to inspect, and take copies of, documents and other articles.

• (8) An order under subsection (2)(c) above may authorise the making of such provisions giving full effect to or otherwise supplementing the provisions made by the order (other than provisions conferring or imposing functions as mentioned in subsection (5)(a) above) as appear to the Secretary of State to be expedient; and any provision made under such an order shall, on being published by Her Majesty’s Stationery Office, have effect for the purposes of this Chapter as if made by the order.

Courses leading to external qualifications.

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• (1) No course of study leading to a qualification authenticated by an outside person shall be provided for pupils of compulsory school age by or on behalf of any maintained school unless the qualification is for the time being approved by the Secretary of State or by a designated body and either—

• (a) a syllabus provided by the outside person for the purposes of the course is for the time being approved by such a body; or

• (b) criteria so provided for determining a syllabus for those purposes are for the time being so approved.

• (2) An approval under this section may be given either generally or in relation to particular cases.

• (3) In this section—

• “designated” means designated by the Secretary of State;

• “outside person”, in relation to a school, means a person other than a member of staff of the school.

Religious education

Collective worship.

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• (1) Subject to section 9 of this Act, all pupils in attendance at a maintained school shall on each school day take part in an act of collective worship.

• (2) The arrangements for the collective worship in a school required by this section may, in respect of each school day, provide for a single act of worship for all pupils or for separate acts of worship for pupils in different age groups or in different school groups.

• (3) The arrangements for the collective worship in a county or voluntary school required by this section shall be made—

• (a) in the case of a county school, by the head teacher after consultation with the governing body; and

• (b) in the case of a voluntary school, by the governing body after consultation with the head teacher.

• (4) Subject to subsection (5) below, the collective worship in every maintained school required by this section shall take place on the school premises.

• (5) If the governing body of—

• (a) an aided or special agreement school; or

• (b) a grant-maintained school;

are of opinion that it is desirable that any act of collective worship in the school required by this section should, on a special occasion, take place elsewhere than on the school premises, they may make such arrangements for that purpose as they think appropriate.

• (6) The powers of a governing body under subsection (5) above shall not be so exercised as to derogate from the rule that, in every such school as is there mentioned, the collective worship required by this section must normally take place on the school premises.

• (7) For the purposes of this section—

• “maintained school” does not include a maintained special school; and

• “school group” means any group in which pupils are taught or take part in other school activities.

Special provisions as to collective worship in county schools.

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• (1) Subject to the following provisions of this section, in the case of a county school the collective worship required in the school by section 6 of this Act shall be wholly or mainly of a broad Christian character.

• (2) For the purpose of subsection (1) above, collective worship is of a broadly Christian character if it reflects the broad traditions of Christian belief without being distinctive of any particular Christian denomination.

• (3) Every act of collective worship required by section 6 of this Act in the case of a county school need not comply with subsection(1) above provided that, taking any school term as a whole, most such acts which take place in the school do comply with that subsection.

• (4) Subject to subsections (1) and (3) above—

• (a) the extent to which (if at all) any acts of collective worship required by section 6 of this Act which do not comply with subsection(1) above take place in a county school;

• (b) the extent to which any act of collective worship in a county school which complies with subsection (1) above reflects the broad traditions of Christian belief; and

• (c) the ways in which those traditions are reflected in any such act of collective worship;

shall be such as may be appropriate having regard to any relevant considerations relating to the pupils concerned which fall to be taken into account in accordance with subsection (5) below.

• (5) Those considerations are—

• (a) any circumstances relating to the family backgrounds of the pupils concerned which are relevant for determining the character of the collective worship which is appropiate in their case; and

• (b) their ages and aptitudes.

• (6) Where under section 12 of this Act a standing advisory council on religious education determine that it is not appropriate for subsection (1) above to apply in the case of any county school, or in the case of any class or description of pupils at such a school, then, so long as that determination has effect—

• (a) that subsection shall not apply in relation to that school or(as the case may be) in relation to those pupils; and

• (b) the collective worship required by section 6 of this Act in the case of that school or those pupils shall not be distinctive of any particular Christian or other religious denomination(but this shall not be taken as preventing that worship from being distinctive of any particular faith).

Religious education required in the basic curriculum: further provisions.

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• (1) Section 2(1)(a) of this Act is subject to section 9 of this Act.

• (2) The religious education for which provision is required by section 2(1)(a) to be included in the basic curriculum for any particular maintained school shall be religious education of the kind required by such of the provisions of sections 26 to 28 of the 1944 Act or sections[138 to 140 of the Education Act 1993] as apply in the case of that school.

• (3) Any agreed syllabus which after this section comes into force is adopted or deemed to be adopted under Schedule 5 to that Act (which, as amended by this Act, provides for the preparation, adoption and reconsideration of an agreed syllabus of religious education) shall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.

Exceptions, special arrangements and supplementary and consequential provisions.

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• (1) It shall not be required, as a condition of any pupil attending any maintained school, that he shall attend or abstain from attending any Sunday school or any place of religious worship.

• (1A) It shall not be required, as a condition of any person attending any maintained school to receive further education or teacher training, that he shall attend or abstain from attending any Sunday school or any place of religious worship.

• (2) For the purposes of subsections (3) to (10) below “maintained school” does not include a maintained special school.

• (3) If the parent of any pupil in attendance at any maintained school requests that he may be wholly or partly excused—

• (a) from attendance at religious worship in the school;

• (b) from receiving religious education given in the school in accordance with the school’s basic curriculum; or

• (c) both from such attendance and from receiving such education;

the pupil shall be so excused accordingly until the request is withdrawn.