Chwilio Deddfwriaeth

Curriculum and Assessment (Wales) Act 2021

Chapter 3 – Curriculum Implementation
Section 26 – Introduction and interpretation

44.This section describes the contents of Chapter 3 and specifies that it applies to a curriculum for:

  • pupils at a maintained school who are under compulsory school age;

  • pupils at a maintained nursery school;

  • children for whom FNNE is provided.

45.This means that Chapter 3 does not apply to a curriculum for EOTAS, including PRUS, or to a curriculum for pupils at a maintained school who are over compulsory school age.

46.In general terms, this Chapter sets out requirements that relate to the way in which an adopted curriculum is put into practice in a school or FNNE setting.

Maintained schools and maintained nursery schools
Section 27 – Duty to ensure implementation of adopted curriculum

47.This section requires the head teacher of a maintained school or maintained nursery school to ensure that the adopted curriculum is implemented in accordance with sections 28, 29 and 30. It also requires the governing body to exercise its functions with a view to ensuring that the adopted curriculum is implemented in that way. The difference between these requirements reflects the different roles of the head teacher and governing body.

Section 28 – General implementation requirements

48.This section sets out general requirements regarding the way in which an adopted curriculum must be implemented for pupils at maintained schools and maintained nursery schools.

Section 29 – Further implementation requirements for pupils aged 3 to 14

49.This section sets out additional requirements that apply when implementing an adopted curriculum for the 3-14 year old age group (below Year 10 in school). It requires the curriculum to be implemented in a way that secures teaching and learning for each pupil that encompasses the areas of learning and experience, including the mandatory elements. Taken with section 6, the effect is that the teaching and learning provided for each pupil must encompass the key concepts set out for each area of learning and experience in the What Matters Code.

50.This section also requires the adopted curriculum to be implemented in a way that secures teaching and learning for each pupil that develops the mandatory cross-curricular skills.

51.Section 29(3)(a) requires teaching and learning in respect of the mandatory element of RSE to be suitable for the pupil’s stage of development.

52.Section 29(3)(b) requires teaching and learning in respect of the mandatory element of RVE to accord with Part 2 of Schedule 1. However, this requirement does not apply to teaching and learning for pupils who are in a class in which the majority are below compulsory school age at the beginning of the school year.

Section 30 – Further implementation requirements for pupils aged 14 to 16

53.This section sets out additional requirements that apply when implementing an adopted curriculum for pupils aged between 14 – 16 (Years 10 and 11 in school).

54.It requires the curriculum to be implemented in a way that secures teaching and learning for each pupil that encompasses the mandatory elements.

55.It also requires the curriculum to be implemented in a way that secures some other teaching and learning for each pupil in each area of learning and experience. So, for example, the curriculum will need to be implemented in a way that secures some additional teaching and learning for each pupil, in the Languages, Literacy and Communication area of learning and experience, as well teaching and learning in respect of the mandatory elements of English and Welsh. But in the case of this age group, unlike the younger age group dealt with in section 29, there is no requirement to secure teaching and learning for each pupil that “encompasses” each of the areas of learning and experience.

56.The teaching and learning secured for each pupil must develop the mandatory cross-curricular skills. It must also include the teaching and learning chosen by the pupil by virtue of section 24 (but see section 31) and any teaching and learning required by virtue of regulations made under section 25.

57.The teaching and learning secured for a pupil in respect of the mandatory element of RSE must be suitable for the pupil’s stage of development. The teaching and learning secured for a pupil in respect of the mandatory element of RVE must be in accordance with Part 2 of Schedule 1.

Section 31 – Power to disapply duty to implement pupil choice

58.As described above, the head teacher of a maintained school is required to implement the adopted curriculum in a way that gives effect the choices made by a pupil aged 14 to 16 by virtue of section 24. Section 31 gives the head teacher power to disapply this duty, in relation to a particular pupil’s choice, by making a determination.

59.Subsections (3) and (4) specify the grounds on which a head teacher may make a determination:

  • The grounds specified in subsection (3) apply where the determination is to be made before the pupil starts the school year in which the majority of pupils in the class will reach the age of 15 (i.e. before the pupil starts year 10).

  • The grounds specified in subsection (4) apply where the determination is to be made at a later date. These grounds are more limited, as the impact of disapplying pupil choice is greater where the pupil has already embarked on the chosen teaching and learning.

60.Subsection (6) enables the Welsh Ministers to make regulations to amend the grounds on which a determination may be made.

61.Where a determination is made under this section, the head teacher will remain under a duty to provide the pupil with the teaching and learning specified in section 30(2). That is to say, the head teacher will have to ensure that teaching and learning is secured for the pupil in each area of learning and experience, in addition to the teaching and learning in respect of the mandatory elements. But a further choice of teaching and learning will not need to be offered to the pupil.

Section 32 - Power to disapply duty to implement pupil choice: supplementary

62.This section imposes a requirement to provide certain information to the pupil and the pupil’s parent where a determination has been made under section 31 not to provide the pupil’s choice of teaching and learning.

63.There is no duty to provide this information to the pupil if the head teacher considers that the pupil does not have the capacity to understand the information that would be given or what it would mean to exercise the appeal right in section 33.

64.In addition, this section gives the Welsh Ministers power to make further provision in regulations in connection with determinations made under section 31.

Section 33 – Reviews and appeals relating to pupil choice

65.This section enables a pupil, or parent of a pupil, who is given information about a determination made under section 31 to require the head teacher to review that determination. If a review is required, the head teacher must either confirm, vary or revoke (i.e. withdraw) the determination, and must give notice of the decision to the pupil and the pupil’s parent.

66.If the pupil or parent is unhappy with the outcome of the review, the pupil or the pupil’s parent may appeal to the school’s governing body.

67.If an appeal is made, the governing body must either confirm, vary or revoke (i.e. withdraw) the head teacher’s decision, and must give notice of its decision to the pupil and the pupil’s parent.

68.There is no duty to provide information to the pupil about the outcome of a review or appeal if the decision maker considers that the pupil does not have the capacity to understand the information that would be given or (in the case of a decision on a review) what it would mean to exercise the right to appeal.

Funded non-maintained nursery education
Section 34 – Duty to ensure the implementation of adopted curriculum

69.This section requires an FNNE provider to ensure that the adopted curriculum is implemented in accordance with sections 35 and 36. It also requires a local authority that secures FNNE to exercise its functions with a view to ensuring that the adopted curriculum for that FNNE is implemented in that way. A local authority might, for instance, comply with this duty by means of its contractual arrangements with its FNNE providers.

Section 35 – General implementation requirements

70.This section sets out general requirements regarding the way in which an adopted curriculum must be implemented for children receiving FNNE.

Section 36 – Requirements related to areas of learning and experience and cross-curricular skills

71.This section requires the adopted curriculum to be implemented in a way that secures teaching and learning for each child that encompasses the areas of learning and experience, including the mandatory elements. Taken with section 6, the effect is that the teaching and learning provided for each child must encompass the key concepts set out for each area of learning and experience in the What Matters Code.

72.This section also requires the adopted curriculum to be implemented in a way that secures teaching and learning for each child that develops the mandatory cross-curricular skills.

73.Subsection (2) requires teaching and learning for a child in respect of the mandatory element of RSE to be suitable for the child’s stage of development.

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