The Early Years Foundation Stage (Exemption from Learning and Development Requirements) and Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2018

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Early Years Foundation Stage (Exemption from Learning and Development Requirements) and Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2018 and come into force on 12th April 2018.

(2) In these Regulations—

“Assessment data” means a record of the level of learning achieved for each child in respect of each early learning goal(1) in the reception class;

“the Document” means the Document entitled “Statutory Framework for the Early Years Foundation Stage” published by the Secretary of State(2);

“Education Endowment Foundation” means the independent charity of that name established in April 2011(3);

“reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age;

“school” means a school defined in section 4 of the Education Act 1996(4).

Power of the Secretary of State to confer an exemption

2.—(1) The Secretary of State may direct that the learning and development requirements do not apply, or apply with modifications—

(a) in respect of the particular description of early years providers set out in paragraph (2);

(b) in the circumstances prescribed in regulation 3; and

(c) to the extent prescribed in regulation 4.

(2) The description of early years providers is a school that provides early years provision.

Prescribed circumstances relating to a school taking part in the pilot

3.—(1) The prescribed circumstances are where the governing body or proprietor of a school has agreed to participate in “the Early Adopters Pilot.”

(2) In this regulation, “the Early Adopters Pilot” means the scheme, set up by the Department for Education, in which schools will assist the Department for Education to evaluate the learning and development requirements.

Extent of direction

4.  A direction made under regulation 2 may only extend—

(a) to the following academic years—

(i) the period commencing with 1st August 2018 and ending with 31st July 2019; and

(ii) the period commencing with 1st August 2019 and ending with 31st July 2020;

(b) to the learning and development requirements in section 1 of the Document;

(c) to the Early Years Foundation Stage Profile(5) in section 2 of the Document; and

(d) to a child in a reception class.

Conditions which may be imposed on making a direction

5.  The Secretary of State may, on making a direction under regulation 2, impose conditions—

(a) about the learning and development requirements that the school is to adopt;

(b) requiring a school to cooperate with the Department for Education and the Education Endowment Foundation; and

(c) about the submission of assessment data to the Department for Education and the Education Endowment Foundation.

Amendment of the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014

6.  In the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014(6), in regulation 1(5)(b), for “£2,556.67” substitute “£2,566.67”.

Signed by authority of the Secretary of State for Education

Nadhim Zahawi

Parliamentary Under Secretary of State

Department for Education

19th March 2018