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.
