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Education Act 2002

General duties in respect of the curriculum

Sections 99 to 101
Sections 99 and 100: General requirements in relation to the curriculum and duty to implement general requirements

240.These sections re-enact section 351 of the EA 96 except that section 100 requires LEAs and governing bodies to have regard to the NAW’s guidance in exercising any functions in relation to any forms of education added to the basic curriculum by an order under section 101.

Section 101: Basic curriculum for every maintained school in Wales

241.This section re-enacts section 352 of the EA 96, listing those elements (currently RE and sex education for certain pupils), which must be provided as part of the basic curriculum in addition to the National Curriculum for Wales.

242.There is a new order making power for the NAW to add to the list further requirements, otherwise than in relation to RE or sex education. This new power also enables the NAW subsequently to amend or repeal anything that is added to the list of further requirements (apart from RE or sex education). The power allows a more flexible way to change statutory requirements than via the National Curriculum for Wales, which has a distinct framework of key stages, attainment targets, programmes of study and assessment arrangements. This would enable new statutory requirements for 14-16 year olds to be introduced. These would be different in nature from the academic subjects which now make up the National Curriculum for Wales.

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