Curriculum and Assessment (Wales) Act 2021

Other education provided under section 19A of the Education Act 1996

53 Curriculum requirements

(1) A local authority that makes arrangements under section 19A of the Education Act 1996 (c. 56) to provide education for a child otherwise than at a pupil referral unit must ensure that the arrangements secure a curriculum for the child that complies with the requirements in subsections (2) to (5).

(2) The first requirement is that the curriculum must—

(a) enable the child to develop in the ways described in the four purposes,

(b) provide for appropriate progression for the child,

(c) be suitable for the child’s age, ability and aptitude, and

(d) be broad and balanced, so far as is appropriate for the child.

(3) The second requirement is that the curriculum must make provision, so far as is appropriate for the child, for teaching and learning that—

(a) encompasses the Health and Well-being area of learning and experience,

(b) encompasses the mandatory element of Relationships and Sexuality Education, and

(c) develops the mandatory cross-curricular skills.

(4) The third requirement is that the provision made under subsection (3)(b) must be suitable for the child’s stage of development.

(5) The fourth requirement is that the curriculum must make provision, if it is reasonably possible and appropriate to do so, for teaching and learning—

(a) in the other areas of learning and experience, and

(b) in the other mandatory elements.

54 Review and revision

(1) A local authority that makes arrangements under section 19A of the Education Act 1996 (c. 56) to provide education for a child otherwise than at a pupil referral unit must—

(a) keep the arrangements under review, and

(b) ensure that they continue to secure a curriculum for the child that complies with the requirements in section 53.

(2) In considering whether the arrangements continue to secure a curriculum for the child that complies with those requirements, the local authority must have regard to information derived from any assessment arrangements implemented in relation to the child under regulations made under section 56.

(3) The local authority must revise the arrangements if they consider it necessary to do so to ensure that they continue to secure a curriculum for the child that continues to comply with the requirements in section 53.

55 Curriculum implementation

(1) A local authority that makes arrangements under section 19A of the Education Act 1996 (c. 56) to provide education for a child otherwise than at a pupil referral unit must ensure that the arrangements ensure that the curriculum for the child is implemented in a way that—

(a) enables the child to develop in the ways described in the four purposes,

(b) secures teaching and learning that offers appropriate progression for the child,

(c) is suitable for the child’s age, ability and aptitude,

(d) takes account of the child’s additional learning needs (if any), and

(e) secures teaching and learning that is broad and balanced, so far as is appropriate for the child.

(2) The local authority must also ensure that the arrangements ensure the teaching and learning for which the curriculum must make provision under section 53(3), (4) and (5).