Legislation – Curriculum and Assessment (Wales) Act 2021

New Search

Introduction

PART 1
BASIC CONCEPTS AND KEY DOCUMENTS

1 Introduction

2 The four purposes

3 The areas of learning and experience

4 The mandatory cross-curricular skills

5 Power to amend sections 3 and 4

6 The What Matters Code

7 The Progression Code

8 The RSE Code

PART 2
CURRICULUM IN MAINTAINED SCHOOLS, MAINTAINED NURSERY SCHOOLS AND FUNDED NON-MAINTAINED NURSERY EDUCATION

CHAPTER 1 CURRICULUM DESIGN AND ADOPTION

General

9 Introduction and interpretation

Maintained schools and maintained nursery schools

10 Curriculum design

11 Curriculum adoption

12 Curriculum review and revision

Funded non-maintained nursery education

13 Welsh Ministers’ duty to publish a curriculum

14 Review and revision of curriculum published by Welsh Ministers

15 Curriculum adoption

16 Curriculum review and revision

Supplementary provision

17 Power to make supplementary provision about curriculum adoption and revision

18 Power to make supplementary provision about curriculum summaries

CHAPTER 2 CURRICULUM REQUIREMENTS

General

19 Introduction

Curriculum requirements

20 The four purposes

21 Progression

22 Suitability

23 Breadth and balance

24 Areas of learning and experience and cross-curricular skills

25 Power to impose further curriculum requirements

CHAPTER 3 CURRICULUM IMPLEMENTATION

General

26 Introduction and interpretation

Maintained schools and maintained nursery schools

27 Duty to ensure implementation of adopted curriculum

28 General implementation requirements

29 Further implementation requirements for pupils aged 3 to 14

30 Further implementation requirements for pupils aged 14 to 16

31 Power to disapply duty to implement pupil choice

32 Power to disapply duty to implement pupil choice: supplementary

33 Reviews and appeals relating to pupil choice

Funded non-maintained nursery education

34 Duty to ensure implementation of adopted curriculum

35 General implementation requirements

36 Requirements relating to areas of learning and experience and cross-curricular skills

CHAPTER 4 CURRICULUM IMPLEMENTATION: EXCEPTIONS

37 Introduction

38 Development work and experiments

39 Development work and experiments: conditions

40 Development work and experiments: supplementary

41 Pupils and children with additional learning needs

42 Temporary exceptions for individual pupils and children

43 Temporary exceptions for individual pupils and children: supplementary

44 Provision of information about temporary exceptions

45 Appeals about temporary exceptions for individual pupils

46 Appeals about temporary exceptions for individual children

47 Exception for pupils for whom arrangements are made under section 19A of the Education Act 1996

48 Power to make provision for further exceptions

PART 3
CURRICULUM FOR EXCEPTIONAL PROVISION OF EDUCATION IN PUPIL REFERRAL UNITS OR ELSEWHERE

49 Introduction

50 Curriculum requirements

51 Curriculum review and revision

52 Curriculum implementation

53 Curriculum requirements

54 Review and revision

55 Curriculum implementation

PART 4
ASSESSMENT AND PROGRESSION

56 Duty to make provision about assessment arrangements

57 Promoting and maintaining understanding of progression

PART 5
CURRICULUM: POST COMPULSORY EDUCATION IN MAINTAINED SCHOOLS

58 Introduction and interpretation

59 General curriculum requirement

60 Curriculum requirement: Relationships and Sexuality Education

61 Curriculum requirement: Religion, Values and Ethics

62 Further curriculum requirements

PART 6
SUPPLEMENTARY

63 Duty to have regard to mental health and emotional well-being of children and young persons

64 Duty to promote knowledge and understanding of UN Conventions on the rights of children and persons with disabilities

65 Duty to co-operate

66 Welsh Ministers’ duty to facilitate the performance of functions

67 Local authorities’ duty to facilitate the performance of functions

68 Welsh Ministers’ duty to promote access etc to Welsh medium courses of study

69 Power to make provision for children receiving education in more than one setting etc

70 Power to apply Act to detained children and detained young persons

71 Duty to have regard to guidance

PART 7
GENERAL

72 Status of this Act as an Education Act

73 Minor and consequential amendments and repeals

74 Power to make additional provision to give full effect to this Act etc

75 Regulations

76 The What Matters Code and the Progression Code: procedure

77 The RSE Code: procedure

78 Written information, notices and directions

79 Meaning of “maintained school”, “maintained nursery school” and associated expressions

80 Meaning of “funded non-maintained nursery education” and associated expressions

81 Meaning of “pupil referral unit” and associated expressions

82 General interpretation

83 Index of expressions defined in this Act

84 Coming into force

85 Short title

SCHEDULES

SCHEDULE 1 RELIGION, VALUES AND ETHICS

SCHEDULE 2 MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

PART 1BASIC CONCEPTS AND KEY DOCUMENTS

1Introduction

(1)

This Part sets out basic concepts that have effect in relation to a curriculum for any of the following—

(a)

registered pupils at maintained schools (except those over compulsory school age) and at maintained nursery schools;

(b)

children for whom funded non-maintained nursery education is provided;

(c)

children for whom education is provided under arrangements made by a local authority in Wales under section 19A of the Education Act 1996 (c. 56).

(2)

This Part also includes provision about key documents that support a curriculum of that kind.

(3)

In this Part references to a curriculum are to a curriculum of that kind; and references to pupils and children are to the pupils and children referred to in subsection (1).

2The four purposes

(1)

The four purposes of a curriculum are—

  • To enable pupils and children to develop as ambitious, capable learners, ready to learn throughout their lives;

  • To enable pupils and children to develop as enterprising, creative contributors, ready to play a full part in life and work;

  • To enable pupils and children to develop as ethical, informed citizens of Wales and the world;

  • To enable pupils and children to develop as healthy, confident individuals, ready to live fulfilling lives as valued members of society.

(2)

References in this Act to the four purposes are to those purposes.

3The areas of learning and experience

(1)

The areas of learning and experience for a curriculum are—

  • Expressive Arts

  • Health and Well-being

  • Humanities

  • Languages, Literacy and Communication

  • Mathematics and Numeracy

  • Science and Technology.

(2)

Within the areas of learning and experience, the following are mandatory elements—

  • English

  • Relationships and Sexuality Education

  • Religion, Values and Ethics

  • Welsh.

(3)

But English is not to be treated as a mandatory element, for the purposes of this Act, for a curriculum within subsection (4).

(4)

A curriculum is within this subsection if it is—

(a)

a curriculum for registered pupils at a school who have not completed the school year in which the majority of the pupils in their class attain the age of 7;

(b)

a curriculum for funded non-maintained nursery education;

(c)

a curriculum for education provided under section 19A of the Education Act 1996 (c. 56) (exceptional provision of education at pupil referral units or elsewhere: Wales) for pupils or children who have not attained the age of 7.

(5)

References in this Act to the areas of learning and experience are to the areas listed in subsection (1).

(6)

References in this Act to the mandatory elements are to be interpreted in accordance with this section.

4The mandatory cross-curricular skills

(1)

The mandatory cross-curricular skills for a curriculum are—

  • Digital Competence

  • Literacy

  • Numeracy.

(2)

References in this Act to the mandatory cross-curricular skills are to the skills listed in subsection (1).

5Power to amend sections 3 and 4

Regulations may amend sections 3 and 4.

6The What Matters Code

(1)

The Welsh Ministers must issue a code (the “What Matters Code”) that sets out key concepts for each area of learning and experience.

(2)

A curriculum does not encompass an area of learning and experience unless it encompasses those concepts as set out in the What Matters Code.

(3)

Teaching and learning does not encompass an area of learning and experience unless it encompasses those concepts as set out in the What Matters Code.

(4)

The Welsh Ministers—

(a)

must keep the What Matters Code under review, and

(b)

may revise it.

(5)

For further provision about the What Matters Code, see section 76.

7The Progression Code

(1)

The Welsh Ministers must issue a code (the “Progression Code”) that sets out the way in which a curriculum is to make provision for progression by pupils and children.

(2)

A curriculum does not make provision for appropriate progression unless it accords with the Progression Code.

(3)

Teaching and learning does not make provision for appropriate progression unless it accords with the Progression Code.

(4)

The Welsh Ministers—

(a)

must keep the Progression Code under review, and

(b)

may revise it.

(5)

For further provision about the Progression Code, see section 76.

8The RSE Code

(1)

The Welsh Ministers must issue a code (the “RSE Code”) setting out themes and matters to be encompassed by the mandatory element of Relationships and Sexuality Education.

(2)

A curriculum does not encompass the mandatory element of Relationships and Sexuality Education unless it accords with the provision in the RSE Code.

(3)

Teaching and learning does not encompass the mandatory element of Relationships and Sexuality Education unless it accords with the provision in the RSE Code.

(4)

For further provision about the RSE Code, see section 77.