Part 3 – Welsh Language Education.Introduction
Section 8 – Overview and interpretation
34.This section provides an overview of this Part which makes provision for what schools and local authorities are required to do in relation to their Welsh language education provision.
35.Section 8(2) defines terms that are necessary to understand before considering the remainder of Part 3, namely “Welsh language education”, “Welsh language nursery education” and “school”. The definition of the term “maintained school”, found in section 51 (where other terms are defined for the purposes of the Act), applies when considering the term “school”.
School language categories
Section 9 - School language categories
36.This section establishes a system to categorise all schools (except community special schools) according to the school’s Welsh language education provision. There are three language categories for schools in Wales:
Primarily Welsh Language,
Dual Language, and
Primarily English Language, partly Welsh.
37.Section 9(1) states that the language category designated to a school determines the minimum amount of Welsh language education that must be provided in the school (in accordance with section 10) and the school’s Welsh language learning goals (in accordance with section 11). A category is designated to a school when its delivery plan (which includes its category) is approved (sections 15(5), 18(3) and 19(3)).
38.When a language category is designated to a school, the school must provide a sum of Welsh language education in line with the minimum amount, or above the minimum amount, set for that category in section 10(2).
39.In accordance with section 9(3), a school may have more than one language category. An example might be a primary school with two different language streams.
40.Section 9(3) also gives the Welsh Ministers a power to make regulations in relation to schools with more than one language category.
41.A language category is not designated for community special schools but see section 20 for a specific provision for community special schools, which includes the option of voluntarily designating a language category. The term “community special school” is defined in section 51(2).
Section 10 – Minimum amount of provision of Welsh language education for each language category
42.Section 10(2) sets out the minimum amount of Welsh language education for each language category, and section 10(1) explains that the percentages specified as a minimum are a percentage of the education and training provided over a school year during school sessions for pupils of compulsory school age. Welsh language provision provided outside of school sessions is therefore not to be counted towards meeting the minimum. The term “school sessions” is definedin section 51. In addition, the minimum amount refers to the school’s education and training provision in general – not the provision given to each individual pupil.
43.Section 10(2) specifies that the minimum amounts for the three categories are:
80% for the “Primarily Welsh language” category;
50% for the “Dual Language” category;
10% for the “Primarily English language, partly Welsh” category.
44.In accordance with section 10(3), the Welsh Ministers may make regulations amending the minimum amounts in section 10(2). However, the amended minimum may not be below 80% for the “Primarily Welsh language” category, 50% for the “Dual Language” category, and 10% for the “Primarily English language, partly Welsh” category.
45.Section 10(4) places a duty on the Welsh Ministers to decide whether they will exercise the power to make regulations under subsection (3) in relation to the category “Primarily English language, partly Welsh”" within every 5 year period. They must decide that within the period of 5 years beginning with the day after the day on which the section comes into force, and then within every period of 5 years thereafter.
46.Section 10(5) places a further duty on the Welsh Ministers, when making a decision to exercise the power in subsection (3), to consider the likely effect of the minimum amounts on achieving the targets set by the Welsh language strategy in accordance with section 1 of this Act. This includes the target of one million speakers, and the other targets in section 1. While the duty under subsection (4) to decide whether the minimum should be amended arises every 5 years, the requirement in subsection (5) means that the decision must be made with specific regard to the timetable for reaching the million by 2050.
47.Section 10(6) requires a school’s governing body to ensure that the school provides the minimum amount of Welsh language education, at least, for the language category designated to the school, for each school year to which the delivery plan applies. The term “school year” is defined in section 51.
Section 11 - Welsh language learning goals for each language category
48.Section 11(1) to (3) establishes the Welsh learning goals for school language categories, which are based on the common reference levels (found in the Table in Schedule 1). The effect of section 9(1) is that the Welsh language learning goal for a school depends on its language category. Section 14 provides that a delivery plan must include the school's proposals in relation to achieving the school’s Welsh language learning goal.
49.The learning goals are as follows:
| Language category | Welsh language learning goal |
|---|---|
| Primarily Welsh Language | That pupils are proficient users, at least, by the time they cease to be of compulsory school age (common reference level C1 or C2). The Table in Schedule 1 describes the general characteristics of a proficient user. |
| Dual Language | That pupils, as an initial goal, are independent users, at least, by the time they cease to be of compulsory school age (common reference level B1 or B2). The Table in Schedule 1 describes the general characteristics of an independent user. |
| In relation to a year group in a school year specified by the Welsh Ministers by regulations, and the year groups that follow, that pupils are independent users and also reach common reference level B2 in terms of oral interaction by the time they cease to be of compulsory school age. | |
| Primarily English Language, partly Welsh | That pupils, as an initial goal, are basic users, at least, by the time they cease to be of compulsory school age (common reference level A1 or A2). The Table in Schedule 1 describes the general characteristics of a basic user. |
| In relation to a year group in a school year determined by the Welsh Ministers by regulations, and the year groups that follow, that pupils are independent users by the time they cease to be of compulsory school age (common reference level B1 or B2). | |
| In relation to a year group in a school year specified by the Welsh Ministers by regulations, and the year groups that follow, that pupils are independent users and also reach common reference level B2 in terms of oral interaction by the time they cease to be of compulsory school age. |
50.The purpose of the Welsh language learning goals is that they are fixed and overarching ones that will serve as a backdrop to the planning of Welsh language education provision in schools.
51.Regulations will specify dates for upgrading the learning goals for schools in the ”Dual Language” category and in the “Primarily English Language, partly Welsh” category.
52.As the learning goals in section 11 are based on pupils reaching a specific common reference level by the time they cease to be of compulsory school age, section 11(4) sets out how the Welsh language learning goals are to be interpreted in the context of primary schools. In considering the learning goals for a primary school it must be assumed that their pupils will remain in a school of the same category when they receive their secondary education. The effect of the assumption is that the school must assume that the pupils stay in a school of the same category, rather than expecting that to happen.
53.Section 11(5) places a similar duty on the Welsh Ministers to the duty imposed by section 10(5), that they must have regard to the likely impact of the learning goals on achieving the targets set by the Welsh language strategy in accordance with section 1 when they decide when to upgrade the learning goals by regulations. As this includes the target of one million Welsh speakers by 2050, the decision on upgrading the learning goals will be made with specific regard to the timetable for reaching the million by 2050.
54.Section 11(6) defines the term ”B2 common reference level for oral interaction“, and the term “year group”.
Section 12 - Assessing progress towards meeting Welsh language learning goals
55.Section 12 creates a link between this Act and the Curriculum and Assessment (Wales) Act 2021. Section 56 of the 2021 Act places a duty on the Welsh Ministers to make provision in regulations about assessment arrangements.
56.This section provides that the Welsh Ministers may, in the regulations under section 56 of the 2021 Act, make arrangements to assess pupils’ progress towards achieving the Welsh language learning goals.
57.The regulations about arrangements to assess pupils’ progress towards achieving those Welsh language learning goals may include, among other matters, the matters set out in section 12(2)(a) and (b) and therefore make use of the standard method of describing Welsh language ability for which this Act makes provision.
58.Section 12(2)(c) allows for different assessment arrangements to be made for “Primarily English language, partly Welsh” category schools that are exempt from the requirement to provide the minimum amount of Welsh language education (see sections 18 and 19).
59.Under section 7 of the 2021 Act Welsh Ministers must prepare a “Progression Code” setting out how a curriculum must make provision for progress by pupils and children. Section 12(3) amends the 2021 Act for the purpose of ensuring that the Welsh Ministers, in preparing the Progression Code, must have regard to the Welsh language learning goals set by section 11 of this Act. This duty also applies as the Welsh Ministers keep the Progression Code under review.
Section 13 - Regulations on school language categories
60.This section gives the Welsh Ministers power to make regulations that make further provision in relation to the school language categories.
Welsh language education delivery plans
Section 14 - School Welsh language education delivery plans
61.Section 14(1) requires a school’s governing body to prepare a plan in relation to the Welsh language (“Welsh language education delivery plan”), and section 14(1)(a) to (i) details what must be included in such a plan. The purpose is to require schools to plan for the provision of Welsh language education, both in the short term and in the future, and to follow the direction set by the Welsh Ministers and the relevant local authority (see Part 4).
62.Section 14(5) exempts community special schools from the requirements of this section (but see section 20 for the requirement for them to have a community special school Welsh language education plan).
63.In accordance with section 14(1)(a) to (c), a delivery plan must identify a language category for a school, identify the school’s current Welsh language education provision (i.e. the amount), and explain how the governing body will ensure that the school provides at least the minimum amount of Welsh language education in accordance with the requirements of its language category.
64.In accordance with section 14(1)(d) a delivery plan must set out how the governing body will promote late immersion education for pupils in accordance with section 23(3).
65.In addition to what must be stated in accordance with section 14(1)(c) (providing at least the minimum amount of Welsh language education in accordance with the language category), in line with section 14(1)(e), a delivery plan must set out the governing body’s proposals for the exact amount of Welsh language education the school intends to provide during the period of the plan, and how it will maintain that sum, and increase it when reasonably practicable.
66.Section 14(1)(f) requires the delivery plan to set out information regarding the school’s provision of Welsh language nursery education for pupils under compulsory school age (if such provision is offered), and the governing body’s proposals for maintaining that amount of Welsh language nursery education, and increasing the amount where this is reasonably practicable.
67.Section 14(1)(g) requires a governing body to also note in its Welsh language education delivery plan its proposals on how to promote a Welsh language ethos and culture within the school and promote the use of the Welsh language. This could, for example, include organising activities beyond school sessions that foster a sense of pride and ownership of the Welsh language amongst pupils and the school community. It also includes proposals on how to facilitate continuous improvement in the school’s Welsh language education that would lead to progress along the common reference levels.
68.Section 14(1)(h) requires a Welsh language education delivery plan to specify proposals, if the school is a “Primarily Welsh language”" or “Dual Language” category school, in terms of how it will assist parents who are not confident Welsh speakers to support their children’s learning and support their children’s contribution to the school’s Welsh language ethos and culture.
69.If a school’s governing body intends to increase the amount of Welsh language education provided for the purpose of changing category, the delivery plan must, in accordance with section 14(1)(i), set out the steps the school will take to achieve this. See also section 17 for specific requirements about amending a school’s Welsh language education delivery plan for the purpose of changing its language category.
70.Under section 30 (Part 4) a local authority must prepare a local Welsh in education strategic plan. Section 14(2) requires a school’s governing body to have regard to its local authority’s local Welsh in education strategic plan when preparing a delivery plan. It also details the persons that a school’s governing body must consult when preparing a plan. This is to ensure that stakeholders have the opportunity to contribute to decisions made about the Welsh language education provided by a school and, in particular, for the local authority to provide its views on the suitability of the delivery plan to meet the provisions of the local Welsh in education strategic plan (Part 4). The local authority must consider the plan when deciding whether to approve it under section 15, and the consultation is an early opportunity to provide views on the suitability of a school’s delivery plan.
71.Section 14(3) states that delivery plans have effect for a period of three school years. The Welsh Ministers will state, by regulations, with which school year the period of the first delivery plan starts. The period of subsequent delivery plans will begin immediately after the previous delivery plan came to an end.
72.Section 14(4) gives the Welsh Ministers power to make regulations for the purpose of changing the length of time for which delivery plans have effect, and to make specific provision in relation to the form and content of a delivery plan.
Section 15 - Approval of Welsh language education delivery plans
73.Section 15(1) to (3) makes provision for what a governing body is required to do when submitting delivery plans. Section 14 details what a school delivery plan must include.
74.Section 15(1) requires a school’s governing body to submit to the local authority a draft of the delivery plan it has prepared in accordance with section 14. The governing body will have already consulted with the local authority when preparing a plan in accordance with section 14(2). The draft plan must be submitted to the local authority at least 9 months (section 15(2)) before the start of the period in which the plan has effect (see section 14(3)).
75.Section 15(3) states that, when submitting its draft, the governing body is required to include a summary of any responses to its plan received during the consultation period.
76.Section 15(4) to (6) sets out the steps the local authority may take in relation to a delivery plan that has been submitted to it under section 15(1). It may approve the plan, with or without modifications, or reject it. The purpose of this provision is to ensure that a local authority is able to influence Welsh language education within its area, and can achieve the targets placed on it by the Welsh Ministers in the National Framework on Welsh Language Education and Learning Welsh. If a local authority rejects a delivery plan, it must give a direction to the governing body to reconsider the plan. That direction must set out the reasons for the decision and specify by when the governing body must submit a further draft of the plan to the local authority.
77.Section 15(4) to (6) also applies to a delivery plan that is resubmitted. This means that a delivery plan may need to be resubmitted more than once if a local authority remains of the view that it will not approve the delivery plan.
78.Section 15 has been prepared with the intention that a local authority and a school’s governing body will agree on the content of the school’s Welsh language education delivery plans. Therefore local authorities, under this section, are not able to prepare a delivery plan on behalf of a school. It should be noted that, as public bodies, local authorities and school governing bodies must act reasonably. Should there be a delay in agreeing a delivery plan, or if a school governing body or local authority is believed to have acted unreasonably, local authorities or the Welsh Ministers may (as deemed appropriate) consider exercising their intervention powers under Part 2 of the School Standards and Organisation (Wales) Act 2013 (see also section 50 of this Act).
79.Under section 15(8) an approved school delivery plan must be published. This includes publishing it on the school’s website if that school has a website. See section 52 for specific duties regarding the publication of documents.
80.Section 15(9) requires a school’s governing body to take all reasonable steps to implement the proposals under section 14(1)(e) to (h) that are contained in the delivery plan approved by a local authority.
Section 16 - Review and amendment of Welsh language education delivery plan
81.Section 16(1) requires a school’s governing body to review its delivery plan at least once before the end of the period for which the plan has effect.
82.Taking this into account, section 16(2) allows a school’s governing body to amend a delivery plan during the period that the plan has effect. Once the period of the plan comes to an end, a new plan for the next period must be prepared and approved (section 14). Under section 16(3) to (4) a school’s governing body must have regard to the local authority’s local Welsh in education strategic plan (see section 30) when reviewing or amending the delivery plan, and submit an amended draft to the local authority. Section 16(5) places a duty on the governing body to provide a summary of the amendments proposed and the reasons for them.
83.Section 16(6) to (7) sets out the steps that the local authority may take in relation to the revised delivery plan that has been submitted to it under section 16(3). It may approve the plan, with or without modifications, or reject it.
84.If a local authority rejects a revised delivery plan it must give a direction to a governing body to reconsider the plan. The local authority must set out the reasons for the decision and specify by when the governing body must submit a further draft of the delivery plan to the local authority.
85.If a governing body must submit a further draft of the delivery plan, that plan must be submitted in accordance with section 16(5) to (7). A revised delivery plan may need to be resubmitted more than once.
86.In accordance with section 16(9), a school delivery plan that has been amended and approved by the local authority must be published. This includes publishing it on the school’s website if that school has a website. See section 50 for specific duties regarding the publication of documents. A school’s governing body is also required to take all reasonable steps to implement the proposals under section 14(1)(e) to (i) in the revised delivery plan that a local authority has approved.
Section 17 – Amending Welsh language education delivery plan to change school language category
87.Section 17 applies where an amendment to a school’s Welsh language education delivery plan is proposed for the purpose of changing the school’s language category during the period that the plan has effect. It provides that a “Primarily Welsh Language” category school may not amend a delivery plan that would change the school’s language category to “Dual Language“ or “Primarily English language, partly Welsh”. Also, a “Dual Language” school may not change its language category to ”Primarily English Language, partly Welsh“. This supports the principles set out in the requirements of section 14(1)(e) to (i) that proposals should be prepared for the purpose of increasing the school’s Welsh language provision where reasonably practicable, and facilitate continued improvement in the school’s Welsh language education. They also reflect the requirement to include targets for increasing the Welsh language education provision in the strategy (section 1(1)(c)).
88.If a delivery plan is amended for the purpose of changing a language category, section 16 also applies in this respect. The requirement to consult the persons listed in section 14(2)(b) also applies.
Section 18 - Minimum amount of Welsh language education: temporary exemption
89.Section 18 makes provision for exempting schools from the requirement to provide the minimum amount of Welsh language education that is required for a school in the “Primarily English language, partly Welsh” category, which is 10% of the education and training provided during school sessions during a school year to pupils of compulsory school age. It is not possible for the governing bodies of schools who set themselves within the “Dual Language” or “Primarily Welsh language” category in their draft delivery plan to apply for a temporary exemption. If a school is unable to provide the minimum required for the “Primarily Welsh language” category, for instance, then it would specify the “Dual Language”" category in its delivery plan until it can provide the minimum amount of Welsh language education required for the “Primarily Welsh language” category.
90.It is possible for a school’s governing body to obtain an exemption if, in preparing its first delivery plan, it considers that it is not reasonably practicable for the school to provide the minimum amount of Welsh language education for a “Primarily English Language, partly Welsh” category school, which is 10% (section 10(2)(c)). Similarly, if a governing body concludes that it is not reasonably practicable for a school to provide the minimum amount of Welsh language education for a “Primarily English Language, partly Welsh” category school after the start of its first delivery plan period, it may propose to amend the plan (under section 16) to reflect this and seek an exemption.
91.In such cases a delivery plan must include additional elements if the school seeks an exemption. Section 18(2)(d) specifically states that a school’s governing body must identify the support it needs in order to provide the minimum amount of Welsh language education. The local authority itself will be subject to the provisions of its local Welsh in education strategic plan (section 30) and the requirement to take all reasonable steps to meet the targets they have been set in the National Framework (section 26). Therefore, in order to meet these provisions the local authority will need to support schools to increase their Welsh language education so that they meet the minimum amount of Welsh language education.
92.As provided in section 15, the local authority is responsible for approving delivery plans. As such, the local authority will decide — by approving the plan — whether the school is exempt from the requirement to provide the minimum amount of Welsh language education. For example, if the local authority considers that there are no reasonably practicable barriers preventing a school from providing the minimum amount of Welsh language education, it may be appropriate for the local authority to give the school a direction to reconsider the delivery plan.
93.Where the local authority approves the scheme, the governing body is exempt from the requirement to provide the minimum amount of Welsh language education required, and the school will be designated a “Primarily English Language, partly Welsh” category school for the time being. The exemption will have effect until the end of the first delivery plan period in accordance with section 18(3)(a). However, in accordance with section 18(2)(c), the governing body must set out by what date it will ensure that the school can provide the minimum amount of Welsh language education. During the temporary exemption period, a school’s governing body is required to take all reasonable steps to implement its proposals which are set out in the delivery plan, which include the proposals to ensure that the school will be able to provide the minimum amount of Welsh language education.
Section 19 - Minimum amount of Welsh language education: further exemption
94.Section 19 makes provision for a further exemption (up to an additional three-year period) for a school’s governing body that was given an exemption in relation to their first delivery plan. As is the case for an exemption under section 18, a second exemption is only applicable to “Primarily English language, partly Welsh” category schools. A second exemption is a possibility if the governing body remains of the view that it is not reasonably practicable for the school to provide the minimum amount of Welsh language education. It is only possible to apply for a further exemption when preparing the second delivery plan (and not during the period of the second delivery plan).
95.Section 19(2) requires the second delivery plan to include additional elements if the governing body seeks a second exemption under this section. This includes the reasons why the proposals in the first delivery plan to ensure the minimum provision were not implemented, or why those proposals did not succeed. A governing body must also set out the support it needs to meet the minimum amount of Welsh language education as soon as possible, and no later than the end of the additional three-year period.
96.The second exemption has the same effect as the first exemption, except that there is no absolute exemption until the end of the three-year period (as in section 18(3)(a)). Instead, the exemption from providing the minimum amount of Welsh language education applies until the date specified in the delivery plan. For example, if a school’s second delivery plan proposes that it will provide the minimum amount of Welsh language education by the end of the second year of that plan, the exemption will not apply for the third year of the plan. In addition, section 19(3)(d) requires a local authority to provide information to the Welsh Ministers detailing the reasons why the delivery plan leading to a second exemption was approved along with information about any support the local authority (or anyone else) has offered to a school’s governing body that has been granted a second exemption. This will enable Welsh Ministers to monitor the use of second exemptions by each local authority.
Special Schools
Section 20 - Community special schools: plans and language category designation
97.This section requires the governing body of a community special school to prepare a community special school Welsh language education delivery plan. Section 51 of this Act provides that “
98.Section 20(1)(a) to (d) details what must be included in a community special school Welsh language education delivery plan, and section 20(2) provides the Welsh Ministers with the power to make further provision, by regulations, about such a plan.
99.Section 20(3) means that a language category will not be routinely designated to a community special school. However, the governing body of a community special school may choose to have a language category for its school on a voluntary basis if it wishes (“a voluntary designation”). In accordance with section 20(4) the Welsh Ministers must make regulations for this purpose.
Maintained Nursery Schools
Section 21 - Welsh language nursery education delivery plans
100.This section requires the governing body of a maintained nursery school to prepare a Welsh language nursery education delivery plan. The term “maintained nursery school” is defined in section 51.
101.Section 21(1)(a) to (d) details what must be included in a Welsh language nursery education delivery plan. Section 21(2) places a duty on a nursery school’s governing body to have regard to the local authority’s local Welsh in education strategic plan. Under section 21(3), the Welsh Ministers may make further provision, by regulations, about such a plan.
Register
Section 22 - Register of school language categories
102.Under section 22(1) a local authority must maintain and publish a register of the language categories of the schools in its area (see also section 52 for a specific provision relating to the publication of documents). The register must also include a record of all schools that have been given an exemption from the requirement to provide the minimum amount of Welsh language education, and the proposed language category of any new schools for which proposals have been made under section 41 of the School Standards and Organisation (Wales) Act 2013, as well as the proposed language category of proposed schools for which proposals have not been made under that section of that Act. In accordance with section 22(3) the Welsh Ministers are given the power to make regulations to make further provision about the matters to be included in the register together with its form and publication arrangements.
103.Section 22(2) amends section 41 of the School Standards and Organisation (Wales) Act 2013 to refer to the register in section 22(1) of this Act.
Late immersion education
Section 23 - Late immersion education in Welsh
104.Section 23(2) sets out what a local authority is required to do in order to raise and ensure awareness of late immersion education (defined in section 23(1)) so that parents or guardians can make informed decisions about a child’s education at any point. Duties include encouraging an increase in the demand for late immersion education, and increased participation in it. Section 23(2) also places a duty on local authorities to make arrangements to provide information and advice to the persons listed in section 23(2)(b)(i) to (v) regarding late immersion education, and taking all reasonable steps to provide late immersion education that meets the demand in its area (section 23(2)(c)).
105.Where a local authority notifies a school’s governing body of the availability of late immersion education, section 23(3) requires a school’s governing body to take all reasonable steps to ensure that information about the provision of late immersion education, and how to access it, is known to the school’s pupils and their parents.
