The Welsh in Education Strategic Plans and Assessing Demand for Welsh Medium Education (Wales) Regulations 2013

Title and Commencement

1.—(1) The title of these Regulations is the Welsh in Education Strategic Plans and Assessing Demand for Welsh Medium Education (Wales) Regulations 2013 and they come into force on 31 December 2013.

(2) These Regulations apply only in relation to Wales.

Interpretation

2.  In these Regulations—

“14-19 networks” (“rhwydweithiau 14-19”) means a group of bodies and persons within a local authority’s area who work together to seek to ensure that persons aged 14 to 19 within that area benefit from the range of learning options available to 14 to 19 year olds described in the circular 37/2004 titled “Learning Pathways 14-19 Guidance”(1);

“14-19 regional forums” (“fforymau rhanbarthol 14-19”) means a group of bodies and persons within a number of local authority areas who work together to seek to ensure that persons aged 14 to 19 from within those areas benefit from the range of learning options available to 14 to 19 year olds described in the circular 37/2004 titled “Learning Pathways 14-19 Guidance”;

“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998(2);

“the 2002 Act” (“Deddf 2002”) means the Education Act 2002(3);

“the 2013 Act” (“Deddf 2013”) means the School Standards and Organisation (Wales) Act 2013;

“assessed” (“asesu”) means assessed in accordance with such assessment arrangements as are specified by the Welsh Ministers in an order made under section 108(2)(b)(iii) of the 2002 Act(4) in relation to pupils in the foundation phase;

“assessments” (“asesiadau”)_means—

(a)

such assessment arrangements as are specified by the Welsh Ministers in an order made under section 108(2)(b)(iii) or (3)(c) of the 2002 Act; and

(b)

any other assessment of pupils carried out by teachers for the purpose of determining the level of attainment of pupils in the National Curriculum;

“assessment year” (“blwyddyn asesu”) means the school year in which the pupils were assessed and which immediately precedes the current school year;

“centres for latecomers” (“canolfannau hwyrddyfodiaid”) means Welsh language learning centres established by local authorities to provide pupils of primary and secondary school age with intensive Welsh language lessons;

“foundation phase” (“cyfnod sylfaen”) is to be construed in accordance with section 102 of the 2002 Act;

“key stage” (“cyfnod allweddol”) means any of the periods set out in paragraphs (b) to (d) of section 103(1) of the 2002 Act;

“plan” (“cynllun”) means a Welsh in education strategic plan as described by section 85(1) of the 2013 Act;

“relevant qualification” (“cymhwyster perthnasol”) has the meaning given to it in section 30(5) of the Education Act 1997(5);

“school council” (“cyngor ysgol”) means a school council established pursuant to regulation 3 of the School Councils (Wales) Regulations 2005(6);

“school performance data” (“data perfformiad ysgol”) means any data relating to the performance of pupils in public examinations and the award of relevant qualifications;

“Welsh document” (“dogfen Gymraeg”) means the document published by the Welsh Ministers in January 2008 titled “Welsh in the National Curriculum for Wales”(7) and referred to in the Education (National Curriculum) (Attainment Targets and Programmes of Study) (Wales) Order 2008(8);

“Welsh medium education assessment” (“asesiad addysg cyfrwng Cymraeg”) means a survey of the demand among parents in a local authority’s area for Welsh medium education for their children pursuant to section 86(1) of the 2013 Act;

“Welsh medium education assessment closing date” (“dyddiad cau asesiad addysg cyfrwng Cymraeg”) means the date given by a local authority in accordance with paragraph (f) of Part 2 of Schedule 1 for the return of responses to any Welsh medium education assessment it has carried out;

“Welsh medium education forum” (“fforwm addysg cyfrwng Cymraeg”) means a body established by a local authority for the purpose of improving the provision of Welsh medium education the members of which consist of local authority officers and such other persons as the local authority considers appropriate;

“Welsh programme of study” (“rhaglen astudio Cymraeg”) means the programme of study referred to in that part of the Welsh document titled ‘Welsh’; and

“Welsh second language programme of study” (“rhaglen astudio Cymraeg fel ail iaith”) means the programme of study referred to in that part of the Welsh document titled ‘Welsh second language’.

Welsh medium education assessment

3.—(1) A local authority must carry out a Welsh medium education assessment of the whole or such part of its area as the Welsh Ministers determine.

(2) A local authority must carry out a Welsh medium education assessment if—

(a) more than 50% of pupils in maintained schools in that part of its area which is the subject of the Welsh medium education assessment are assessed in the—

(i) Welsh language development area of learning on the third Tuesday in January in the assessment year; or

(ii) language, literacy and communication skills area of learning through the medium of English on the third Tuesday in January in the assessment year;

(b) the local authority has not carried out a Welsh medium education assessment of the whole of its area in the 3 years immediately preceding the assessment year; and

(c) the Welsh Ministers inform the local authority in writing that it must do so.

(3) A Welsh medium education assessment must include the questions set out in Part 1 of Schedule 1 and the information set out in Part 2 of Schedule 1.

Duration of the plan

4.—(1) The first plan has effect for the period commencing on 1 April 2014 and ending on 31 March 2017.

(2) The subsequent plans have effect for the period of three years commencing on 1 April in the year when the previous plan expires.

Form and content of the plan

5.  Each plan must include provision dealing with the matters set out in Schedule 2, and must be accompanied by the supporting information set out in Schedule 3.

Submission to the Welsh Ministers

6.—(1) A local authority must submit its first plan to the Welsh Ministers for approval no later than 20 January 2014.

(2) A local authority must submit every subsequent plan to the Welsh Ministers for approval no later than 20 December in the year preceding the year in which the plan will have effect.

Timing of publication of the plan

7.—(1) A local authority must publish its first plan no later than 1 June 2014.

(2) A local authority must publish every subsequent plan (or revised plan) no later than 1 June in the year the plan (or revised plan) is to have effect.

Manner of publication of the plan

8.  The local authority must publish the plan (or revised plan) by—

(a) placing it on the local authority’s website; and

(b) making copies of the plan available for inspection by members of the public at—

(i) the local authority’s offices; and

(ii) any other place it considers appropriate.

Consultation

9.—(1) A local authority must consult on the plan in draft—

(a) the Welsh Language Commissioner (within the meaning of section 2 of the Welsh Language (Wales) Measure 2011(9));

(b) the Early Years Development and Childcare Partnership (within the meaning of section 119 of the 1998 Act(10));

(c) school councils;

(d) Her Majesty’s Chief Inspector of Education and Training in Wales;

(e) such organisations providing services to children and young people as the local authority considers appropriate; and

(f) such other persons or bodies as appear to the local authority to be appropriate.

(2) In the case of the bodies referred to in paragraph (1) only those bodies which have an interest in the local authority’s area which is the subject of a Welsh medium education assessment are to be consulted.

(3) The local authority must consult on the draft plan for a period of not less than eight weeks.

(4) The local authority must carry out the consultation by sending to every consultee a draft of the plan inviting comments on it within a period specified by the local authority.

(5) The requirement in paragraph (4) to send a draft of the plan to every consultee may be satisfied by sending copies of it by electronic mail.

Review of the plan

10.—(1) The local authority must no later than 20 December every year, commencing in 2014—

(a) review progress made by the local authority against the targets set out in the plan in accordance with section 84(1)(b) of the 2013 Act;

(b) submit any revised plan for approval to the Welsh Ministers.

(2) During the conduct of such a review the local authority must consult such persons as they consider appropriate.

Huw Lewis

Minister for Education and Skills, one of the Welsh Ministers

3 December 2013