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

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Curriculum and Assessment (Wales) Act 2021. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

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

CHAPTER 4CURRICULUM IMPLEMENTATION: EXCEPTIONS

41Pupils and children with additional learning needs

(1)

The additional learning provision described in an individual development plan prepared or maintained by a local authority under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) may include provision—

(a)

that disapplies sections 27, 28, 29 and 30, or any of those sections, in relation to a pupil;

(b)

that applies sections 27, 28, 29 and 30, or any of those sections, in relation to a pupil with the modifications specified in the plan;

(c)

that disapplies sections 34, 35 and 36, or any of those sections, in relation to a child;

(d)

that applies sections 34, 35 and 36, or any of those sections, in relation to a child with the modifications specified in the plan.

(2)

The special educational provision specified in an EHC plan under section 37 of the Children and Families Act 2014 (c. 6) (education, health and care plans) may include provision—

(a)

that disapplies sections 27, 28, 29 and 30, or any of those sections, in relation to a pupil;

(b)

that applies sections 27, 28, 29 and 30, or any of those sections, in relation to a pupil with the modifications specified in the plan;

(c)

that disapplies sections 34, 35 and 36, or any of those sections, in relation to a child;

(d)

that applies sections 34, 35 and 36, or any of those sections, in relation to a child with the modifications specified in the plan.

(3)

But an individual development plan or EHC plan may include provision referred to in subsection (1) or (2) only if the local authority is satisfied that the curriculum that will be implemented for the child as a result of the disapplication or modification will—

(a)

enable the pupil or child to develop in the ways described in the four purposes,

(b)

secure teaching and learning that offers appropriate progression for the pupil or child,

(c)

be suitable for the pupil or child’s age, ability and aptitude, and

(d)

secure broad and balanced teaching and learning for the pupil or child.

(4)

Regulations may specify further conditions that must be satisfied before an individual development plan or EHC plan may include provision referred to in subsection (1) or (2).

(5)

In this section, the reference to the local authority is to the local authority that prepares or maintains the individual development plan or that secures the preparation, amendment or replacement of the EHC plan.